Common use of The Reserve Fund Clause in Contracts

The Reserve Fund. (a) On the Closing Date, the Seller shall deposit $1,000 into the Reserve Fund. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 6.05(d) and (e) of this Agreement the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F Shortfalls. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. (c) The Class X Certificate shall evidence ownership of the Reserve Fund for federal income tax purposes.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Sec Co LLC Mort Pas THR Certs Ser 2004 C), Pooling and Servicing Agreement (Bayview Financial Securties Company, LLC Mortgage Pass-Through Certificates, Series2004-D), Pooling and Servicing Agreement (Bayview Financial Sec Co LLC Mort Pas THR Certs Ser 2004 A)

AutoNDA by SimpleDocs

The Reserve Fund. (a) On the Closing Date, the Seller shall deposit $1,000 [ ] into the Reserve Fund. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the LIBOR Certificates (such amount, the “Class X [X] Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X [X] Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X [X] Certificateholders, and the Trustee shall distribute such amount to the Class X [X] Certificateholders pursuant to Section 6.05(d)(ix). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 6.05(d) and (e) of this Agreement the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap AgreementAgreement or received as proceeds from the sale of any Excess Cap Amount, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement or received as proceeds from the sale of any Excess Cap Amount, (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F [F] Shortfalls and Unpaid Class F [F] Shortfalls, if applicable. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. (c) The Class X [X] Certificate shall evidence ownership of the Reserve Fund for federal income tax purposes.

Appears in 2 contracts

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

The Reserve Fund. (a) On the Closing Date, the Seller Trustee shall establish and maintain, in its name, in trust for the benefit of the holders of the Group 1 Certificates and the LIBOR Certificates, the Reserve Fund into which the Sponsor shall deposit $1,000 into the Reserve Fund1,000. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the Group 1 Certificates and the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix6.05(f)(x). On each Distribution Date the Trustee shall distribute deposit into and make withdrawals from the Reserve Fund to make distributions in the order of priority and to the extent specified in Section 6.05(d6.05(e) and (eg) of this Agreement of the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap AgreementAgreement or received as proceeds from the sale of any Excess Cap Amount, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement or received as proceeds from the sale of any Excess Cap Amount, (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, Amounts and (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F ShortfallsAmounts. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d6.05(e) and (eg) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. All such deposits into and withdrawals from the Reserve Fund shall be based upon information received from the Master Servicer. (c) The Class X Certificate Certificates shall evidence ownership of the Reserve Fund for federal income tax purposes.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-C), Pooling and Servicing Agreement (Bayview 2006-B)

The Reserve Fund. The Group [ ] Final Maturity Reserve Account] (a) On The Securities Administrator shall establish and maintain in the Closing Date, name of the Seller shall deposit $1,000 into Securities Intermediary for the benefit of the Indenture Trustee and the Noteholders the Reserve Fund. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund which shall be an Eligible Account. If an Existing Reserve Fund ceases to be an Eligible Account, the Securities Administrator shall establish a new Reserve Fund that is an Eligible Account within 10 days and transfer all funds and investment property on deposit in the existing Reserve Fund into such new Reserve Fund. Amounts deposited into the Reserve Fund pursuant to Section 5.01(f)(i) may be invested in Permitted Investments for the benefit of the Securityholders at the written direction of Xxxxxxxxx to the Securities Administrator (or, if no such written direction is received, in investments of the type specified in clause (vi) of the definition of Permitted Investments (which investments shall mature on or before, and funds on deposit therein shall be held separate and apart fromuntil, the next succeeding Payment Date). Any risk of loss of moneys resulting from such Permitted Investments shall be borne by, and be the risk of Xxxxxxxxx and Xxxxxxxxx shall deposit the amount of any such loss in the Reserve Fund within two Business Days of receipt of notification of such loss from the Securities Administrator, but not be commingled with, any other moneys, including, without limitation, other moneys later than the Business Day prior to the next succeeding Payment Date. The Securities Administrator will keep records by Mortgage Loan Group of the Trustee held source of deposits made into the Reserve Fund pursuant to this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”Section 5.01(f)(i), the Trustee shall not treat such payments as amounts . Amounts on deposit in the Reserve Fund for purposes of determining will be applied in accordance with Section 5.01(f)(i). (b) The Securities Administrator shall establish and maintain in the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset name of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement Securities Intermediary for the benefit of the Class X CertificateholdersIndenture Trustee, the Group [ ] Noteholders and the Trustee Certificateholders an account (the "Group [ ] Final Maturity Reserve Account") which shall distribute be an Eligible Account. If an existing Group [ ] Final Maturity Reserve Account ceases to be an Eligible Account, the Securities Administrator shall establish a new Group [ ] Final Maturity Reserve Account that is an Eligible Account within ten (10) days and transfer all funds and investment property on deposit in such amount to existing Group [ ] Final Maturity Reserve Account into such new Group [ ] Final Maturity Reserve Account. The Securities Administrator shall deposit into the Class X Certificateholders Group [ ] Final Maturity Reserve Account the Group [ ] Final Maturity Reserve Amount pursuant to Section 6.05(d)(ix5.01(a)(iii)(A) . The Securities Administrator shall distribute the funds in the Group [ ] Final Maturity Reserve Account pursuant to the priorities set forth in Section 5.01(a) (vi). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 6.05(d) and (e) of this Agreement the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then Amounts on deposit in the Group [ ] Final Maturity Reserve Fund, including any earnings thereonAccount may be invested in Permitted Investments by the Securities Administrator for the benefit of the Group [ ] Noteholders at the written direction of Xxxxxxxxx (or if no such written instructions are received by the Securities Administrator from Xxxxxxxxx, in respect investments of the Cap Agreement (iii) any amounts type specified in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and clause (vi) any amounts in respect of Class F Shortfalls the definition of Permitted Investments), which investments shall mature on or before, and Unpaid Class F Shortfallsshall be held until the next succeeding Payment Date. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement Any investment earning on such Permitted Investments shall remain on deposit in the Group [ ] Final Maturity Reserve Fund Account and be distributed in accordance with the priorities set forth in Section 5.01(a)(vi). Any risk of loss of monies resulting from such Permitted Investments shall be invested as provided borne by, and be the risk of, Xxxxxxxxx and Xxxxxxxxx shall deposit the amount of any such loss into the Group [ ] Final Maturity Reserve Account within two Business Days of receipt of notification of such loss by the Securities Administrator, but in this Agreement. (c) The Class X Certificate shall evidence ownership any event not later than the Business Day prior to the next Payment Date. Upon the earlier of the termination of the Trust and [ ] (the Stated Maturity Date of the Group [ ] Notes), any amounts still remaining on deposit in the Group [ ] Final Maturity Reserve Fund for federal income tax purposesAccount shall be distributed in accordance with the priorities set forth in Section 5.01(a) (vi).]

Appears in 1 contract

Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp)

The Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain, in its name, in trust for the benefit of the holders of the Group 1 Certificates and the LIBOR Certificates, the Reserve Fund into which the Seller shall deposit $1,000 into the Reserve Fund1,000. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the Group 1 Certificates and the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix6.05(e)(ix). On each Distribution Date the Trustee shall distribute deposit into and make withdrawals from the Reserve Fund to make distributions in the order of priority and to the extent specified in Section 6.05(d6.05(e) and (ef) of this Agreement of the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap AgreementAgreement or received as proceeds from the sale of any Excess Cap Amount, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement or received as proceeds from the sale of any Excess Cap Amount, (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, Amounts and (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F ShortfallsAmounts. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d6.05(e) and (ef) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. All such deposits into and withdrawals from the Reserve Fund shall be based upon information received from the Master Servicer. (c) The Class X Certificate Certificates shall evidence ownership of the Reserve Fund for federal income tax purposes.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-A)

The Reserve Fund. (a) On the Closing Date, the Seller shall deposit $1,000 into the Reserve Fund. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 6.05(d) and (e) of this Agreement the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap AgreementAgreement or received as proceeds from the sale of any Excess Cap Amount, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement or received as proceeds from the sale of any Excess Cap Amount, (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F Shortfalls, if applicable. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. (c) The Class X Certificate shall evidence ownership of the Reserve Fund for federal income tax purposes.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C)

The Reserve Fund. (a) On The Indenture Trustee shall establish and maintain in the Closing Date, name of the Seller shall deposit $1,000 into Securities Intermediary an account (the Reserve Fund. In addition, the Trustee shall hold the Cap Agreement as an asset in the ”) entitled “Reserve Fund. , JPMorgan Chase Bank, as Indenture Trustee, in trust for the benefit of the Holders of Structured Asset Securities Corporation Mortgage Loan Trust 2002-9 Mortgage-Backed Securities, Series 2002-9.” The Reserve Fund shall be an Eligible Account. If the existing Reserve Fund ceases to be an Eligible Account, the Indenture Trustee shall establish a new Reserve Fund that is an Eligible Account within 20 Business Days and transfer all funds and investment property on deposit in such existing Reserve Fund into such new Reserve Fund. The Reserve Fund shall relate solely to the Notes issued hereunder and funds on deposit therein in the Reserve Fund shall be held separate and apart from, from and shall not be commingled with, with any other moneys, monies including, without limitation, other moneys monies of the Indenture Trustee held pursuant to under this Agreement. (b) The Indenture Trustee shall deposit or cause to be deposited into the Reserve Fund on the Business Day immediately following the day on which, any monies are remitted by the Master Servicer to the Indenture Trustee, all amounts in respect of the Reserve Fund Mortgage Assets to be remitted by the Master Servicer pursuant to Section 4.07(c) hereof. On each Distribution Date Payment Date, the Indenture Trustee shall make withdrawals from the Reserve Fund and deposit all amounts in the Reserve Fund (the “Reserve Fund Amount”) into the Note Account to make the distributions pursuant to Section 5.03(e). The Indenture Trustee may invest, or cause to be invested, funds held in the Reserve Fund at the direction of the Depositor, which funds, if invested, shall be invested in Eligible Investments (which may be obligations of the Indenture Trustee). All such investments must be payable on which there is a payment received demand or mature no later than one Business Day prior to the next Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be held in trust for the benefit of Securityholders until withdrawn from the Reserve Fund as provided in this Article V. The amount of any losses incurred in respect of any such investments shall be paid by the Depositor for deposit in the Reserve Fund out of its own funds, without any right of reimbursement therefor, immediately as realized. In the event the Depositor does not provide written direction to the Indenture Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the LIBOR Certificates (such amountpursuant to this Section, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts all funds on deposit in the Reserve Fund for purposes shall be invested in a money market or common trust fund as described in paragraph (viii) of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset definition of “Eligible Investment” set forth in Article I. (c) Upon termination of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 6.05(d) and (e) of this Agreement the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F Shortfalls. On each Distribution DateEstate, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement shall remain on deposit remaining in the Reserve Fund and shall be invested as provided in this Agreement. (c) The Class X deposited into the Certificate shall evidence ownership Account to be distributed to the Holder of the Reserve Fund for federal income tax purposesResidual Interest Certificates.

Appears in 1 contract

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

The Reserve Fund. (a) On the Closing Date, the Seller Trustee shall establish and maintain, in its name, in trust for the benefit of the holders of the Group 1 Certificates and the LIBOR Certificates, the Reserve Fund into which the Sponsor shall deposit $1,000 into the Reserve Fund1,000. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. The Reserve Fund shall be an asset of the Supplemental Interest Trust created pursuant to Section 6.15 of this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the Group 1 Certificates and the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix6.05(f)(x). On each Distribution Date the Trustee shall distribute deposit into and make withdrawals from the Reserve Fund to make distributions in the order of priority and to the extent specified in Section 6.05(d6.05(e) and (eg) of this Agreement of the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement Agreement, (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, Amounts and (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F ShortfallsAmounts. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d6.05(e) and (eg) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. All such deposits into and withdrawals from the Reserve Fund shall be based upon information received from the Master Servicer. (c) The Class X Certificate Certificates shall evidence ownership of the Reserve Fund for federal income tax purposes.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-A)

The Reserve Fund. (a) On the Closing Date, the Seller Securities Administrator shall establish and maintain in its name, in trust for the benefit of the Certificates, the Reserve Fund and shall deposit $1,000 into therein upon receipt of such amount from or on behalf of the Underwriter. On each Distribution Date, the Securities Administrator shall transfer from the Distribution Account to the Reserve FundFund the amounts specified pursuant to Section 5.02(a)(1)(C)(viii). In additionAny such amounts transferred shall be treated for federal tax purposes as amounts distributed to the Holders of the Class OC Certificates. On each Distribution Date, to the extent required, the Trustee Securities Administrator shall hold the Cap Agreement as an asset withdraw amounts in the Reserve FundFund to make distributions to the Classes of Certificates in accordance with the priorities set forth in Section 5.02(a)(1)(C) (viii). On the Distribution Date on which the termination of the Certificates occurs pursuant to Section 7.02, after making all distributions required in connection with the Certificates, the Securities Administrator shall withdraw from the Reserve Fund (to the extent of funds available on deposit therein) any remaining amounts and distribute them to the Holders of the Class OC Certificates. The Reserve Fund 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, including without limitation, other moneys held by the Securities Administrator on behalf of the Trustee held pursuant to this Agreement. (b. Amounts held in the Reserve Fund from time to time shall continue to constitute assets of the Trust Fund, but not of any REMIC created under this Agreement, until released from the Reserve Fund pursuant to this Section 5.10. The Reserve Fund constitutes an "outside Reserve Fund" within the meaning of Treasury Regulation ss. 1.860G-2(h) On each and is not an asset of any REMIC. The Holders of the Class OC Certificates shall be the owner of the Reserve Fund. The Securities Administrator shall keep records that accurately reflect the funds on deposit in the Reserve Fund. Funds in the Reserve Fund may be invested in Permitted Investments at the written direction of the Majority of the Holders of the Class OC Certificates, which Permitted Investments shall mature not later than the Business Day immediately preceding the first Distribution Date on which there that follows the date of such investment (except that if such Permitted Investment is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess an obligation of the aggregate Class Principal Balance institution that maintains the Reserve Fund, then such Permitted Investment shall mature not later than such Distribution Date) and shall not be sold or disposed of prior to maturity; provided, however, that if the Securities Administrator does not receive written investment directions, the funds in the Reserve Fund shall be invested in the Wells Fargo Prime Investment Money Market Fund. All such Permitted Xxxxstments shall be made in the name of the LIBOR Certificates (Trustee, for the benefit of the Holders of the Class OC Certificates. All losses incurred in the Reserve Fund in respect of any such amount, the “Class X Excess Cap Amount”), the Trustee investments shall not treat such payments as be charged against amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date(or such investments immediately as realized). Any such Class X Excess Cap Amount The Securities Administrator shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement liable for the benefit amount of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix). On each Distribution Date the Trustee shall distribute any loss incurred in the order respect of priority and to the extent specified in Section 6.05(d) and (e) any investment or lack of this Agreement the sum investment of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit funds in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F Shortfalls. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. (c) The Class X Certificate OC Certificates shall evidence ownership of the Reserve Fund for federal income tax purposes. To the extent that a Class of Certificates receives interest in excess of the Net WAC Pass-Through Rate, such interest shall be deemed to have been paid to the Reserve Fund and then paid by the Reserve Fund to those Certificateholders. For purposes of the Code, amounts deemed deposited in the Reserve Fund shall be deemed to have first been distributed to the Class OC Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)

The Reserve Fund. (a) On the Closing Date, the Seller Trustee shall establish and maintain, in its name, in trust for the benefit of the holders of the Group 1 Certificates and the LIBOR Certificates, the Reserve Fund into which the Sponsor shall deposit $1,000 into the Reserve Fund1,000. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the Group 1 Certificates and the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix6.05(f)(x). On each Distribution Date the Trustee shall distribute deposit into and make withdrawals from the Reserve Fund to make distributions in the order of priority and to the extent specified in Section 6.05(d6.05(e) and (eg) of this Agreement of the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement Agreement, (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, Amounts and (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F ShortfallsAmounts. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d6.05(e) and (eg) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. All such deposits into and withdrawals from the Reserve Fund shall be based upon information received from the Master Servicer. (c) The Class X Certificate Certificates shall evidence ownership of the Reserve Fund for federal income tax purposes.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-D)

AutoNDA by SimpleDocs

The Reserve Fund. (a) On the Closing Date, the Seller Trustee shall establish and maintain in the name of the Trustee, in the Supplemental Interest Trust for the benefit of the holders of the Class 1-A2 and Class X Certificates, the Class 1-A2 Reserve Fund, into which the Depositor shall deposit $1,000 into the Reserve Fund1,000. In addition, the The Trustee shall hold the Cap Agreement as an asset in the 1-A2 Reserve Fund. The Class 1-A2 Reserve Fund 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, including without limitation, limitation other moneys of the Trustee held pursuant to this Agreement. The Class 1-A2 Reserve Fund shall not be an asset of any REMIC or the Trust Fund established hereby. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”)Date, the Trustee on behalf of the Supplemental Interest Trust shall not treat such payments as distribute amounts on deposit in the Class 1-A2 Reserve Fund, first, to the Holders of the Class 1-A2 Certificates, in an amount up to any Basis Risk Shortfalls thereon and second, to the Holders of the Class 1-A2 Certificates, in an amount up to any Unpaid Basis Risk Shortfalls thereon. Any remaining amounts shall be retained in the Class 1-A2 Reserve Fund for purposes distribution on future Distribution Dates. (c) Upon the earliest to occur of determining (i) the Distribution Date on which the Class Principal Amount of the Class 1-A2 Certificates is reduced to zero, (ii) a Section 7.01(c) Purchase Event or (iii) a Trust Fund Termination Event, any amounts remaining in the Class 1-A2 Reserve Fund Requirement and any future amounts payable under the Cap Agreement shall be distributed to the Class X Certificateholder. (d) Funds in the Class 1-A2 Reserve Fund shall be invested in Eligible Investments. The Class X Certificates shall evidence ownership of the Class 1-A2 Reserve Fund for federal income tax purposes and LBH on behalf of the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. LBH shall be liable for any Distribution Datelosses incurred on such investments. Any In the absence of written instructions from LBH as to investment of funds on deposit in the Class 1-A2 Reserve Fund, such Class X Excess Cap Amount funds shall not be an asset remain uninvested. For federal income tax purposes, the Trustee shall treat the holders of the Trust Fund and, instead, shall be paid Class 1-A2 Certificates as having entered into and distributed out of a separate trust created by this Agreement for notional principal contract with the benefit holders of the Class X CertificateholdersCertificates. Pursuant to such notional principal contract, and the Trustee shall distribute such amount to all holders of the Class X Certificateholders pursuant Certificates shall be treated as having agreed to Section 6.05(d)(ix). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 6.05(d) and (e) of this Agreement the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement (iii) any amounts in respect of pay Basis Risk Shortfalls and Unpaid Basis Risk ShortfallsShortfalls to the holders of the Class 1-A2 Certificates. Any payments to the Class 1-A2 Certificates in light of the foregoing shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860G(a)(1). Notwithstanding the priority and sources of payments set forth in Article V hereof or otherwise, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F Shortfalls. On each Distribution Date, any amounts that the Trustee is not required to distribute from shall account for all distributions on the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested Class 1-A2 Certificates as provided set forth in this Agreement. (c) The Class X Certificate section. For purposes of providing tax information reporting with respect to the Class1-A2 Certificates, the Trustee shall evidence ownership treat the notional principal contract described in this paragraph as having a value equal to the Notional Principal Contract Value as of the Reserve Fund for federal income tax purposesClosing Date.

Appears in 1 contract

Samples: Trust Agreement (LMT 2006-4)

The Reserve Fund. (a) On the Closing Date, the Seller shall deposit $1,000 into the Reserve Fund. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the Group 1 Certificates and the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix6.05(e)(ix). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 6.05(d6.05(e) and (ef) of this Agreement the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap AgreementAgreement or received as proceeds from the sale of any Excess Cap Amount, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement or received as proceeds from the sale of any Excess Cap Amount, (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F Shortfalls. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d6.05(e) and (ef) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. (c) The Class X Certificate shall evidence ownership of the Reserve Fund for federal income tax purposes.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B)

The Reserve Fund. (a) On the Closing Date, the Seller Securities Administrator shall establish and maintain in its name, in trust for the benefit of the Certificates, the Reserve Fund and shall deposit $1,000 into therein upon receipt of such amount from or on behalf of the Underwriter. On each Distribution Date, the Securities Administrator shall transfer from the Distribution Account to the Reserve FundFund the amounts specified pursuant to Section 5.02(a)(1)(C)(viii). In additionAny such amounts transferred shall be treated for federal tax purposes as amounts distributed to the Holders of the Class OC Certificates. On each Distribution Date, to the extent required, the Trustee Securities Administrator shall hold the Cap Agreement as an asset withdraw amounts in the Reserve FundFund to make distributions to the Classes of Certificates in accordance with the priorities set forth in Section 5.02(a)(1)(C) (viii). On the Distribution Date on which the termination of the Certificates occurs pursuant to Section 7.02, after making all distributions required in connection with the Certificates, the Securities Administrator shall withdraw from the Reserve Fund (to the extent of funds available on deposit therein) any remaining amounts and distribute them to the Holders of the Class OC Certificates. The Reserve Fund 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, including without limitation, other moneys held by the Securities Administrator on behalf of the Trustee held pursuant to this Agreement. (b. Amounts held in the Reserve Fund from time to time shall continue to constitute assets of the Trust Fund, but not of any REMIC created under this Agreement, until released from the Reserve Fund pursuant to this Section 5.10. The Reserve Fund constitutes an "outside Reserve Fund" within the meaning of Treasury Regulation ss. 1.860G-2(h) On each and is not an asset of any REMIC. The Holders of the Class OC Certificates shall be the owner of the Reserve Fund. The Securities Administrator shall keep records that accurately reflect the funds on deposit in the Reserve Fund. Funds in the Reserve Fund may be invested in Permitted Investments at the written direction of the Majority of the Holders of the Class OC Certificates, which Permitted Investments shall mature not later than the Business Day immediately preceding the first Distribution Date on which there that follows the date of such investment (except that if such Permitted Investment is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess an obligation of the aggregate Class Principal Balance institution that maintains the Reserve Fund, then such Permitted Investment shall mature not later than such Distribution Date) and shall not be sold or disposed of prior to maturity; provided, however, that if the Securities Administrator does not receive written investment directions, the funds in the Reserve Fund shall be invested in the Xxxxx Fargo Prime Investment Money Market Fund. All such Permitted Investments shall be made in the name of the LIBOR Certificates (Trustee, for the benefit of the Holders of the Class OC Certificates. All losses incurred in the Reserve Fund in respect of any such amount, the “Class X Excess Cap Amount”), the Trustee investments shall not treat such payments as be charged against amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date(or such investments immediately as realized). Any such Class X Excess Cap Amount The Securities Administrator shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement liable for the benefit amount of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix). On each Distribution Date the Trustee shall distribute any loss incurred in the order respect of priority and to the extent specified in Section 6.05(d) and (e) any investment or lack of this Agreement the sum investment of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit funds in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F Shortfalls. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. (c) The Class X Certificate OC Certificates shall evidence ownership of the Reserve Fund for federal income tax purposes. To the extent that a Class of Certificates receives interest in excess of the Net WAC Pass-Through Rate, such interest shall be deemed to have been paid to the Reserve Fund and then paid by the Reserve Fund to those Certificateholders. For purposes of the Code, amounts deemed deposited in the Reserve Fund shall be deemed to have first been distributed to the Class OC Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs)

The Reserve Fund. (a) On the Closing Date, the Seller Trustee shall establish and maintain, in its name, in trust for the benefit of the holders of the Group 1 Certificates and the LIBOR Certificates, the Reserve Fund into which the Sponsor shall deposit $1,000 into the Reserve Fund1,000. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. The Reserve Fund shall be an asset of the Supplemental Interest Trust created pursuant to Section 6.15 of this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the Group 1 Certificates and the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix6.05(f)(x). On each Distribution Date the Trustee shall distribute deposit into and make withdrawals from the Reserve Fund to make distributions in the order of priority and to the extent specified in Section 6.05(d6.05(e) and (eg) of this Agreement of the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement Agreement, (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of Class F Shortfalls payments received from the Swap Account pursuant to Section 6.05(f) (provided that any distributions made from the Reserve Fund pursuant to Sections 6.05(e) and Unpaid Class F Shortfalls(g) shall be deemed to be made first from any amounts received under the Swap Agreement and deposited into the Reserve Fund from the Swap Account pursuant to Section 6.05(f) and second from any remaining amounts then on deposit in the Reserve Fund). On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d6.05(e) and (eg) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. All such deposits into and withdrawals from the Reserve Fund shall be based upon information received from the Master Servicer. (c) The Class X Certificate Certificates shall evidence ownership of the Reserve Fund for federal income tax purposes.. 140

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-B)

The Reserve Fund. (a) On the Closing Date, the Seller shall deposit $1,000 into the Reserve Fund. In addition, the Trustee shall hold the Cap Agreement as an asset in the Reserve Fund. The Reserve Fund 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 Trustee held pursuant to this Agreement. (b) On each Distribution Date on which there is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess of the aggregate Class Principal Balance of the LIBOR Certificates (such amount, the “Class X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date. Any such Class X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 6.05(d) and (e) of this Agreement the sum of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F Shortfalls. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. (c) The Class X Certificate shall evidence ownership of the Reserve Fund for federal income tax purposes.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mort Pass THR Certs Ser 2003-F)

The Reserve Fund. (a) On the Closing Date, the Seller Securities Administrator shall establish and maintain in its name, in trust for the benefit of the Certificates, the Reserve Fund and shall deposit $1,000 into therein upon receipt of such amount from or on behalf of the Underwriter. On each Distribution Date, the Securities Administrator shall transfer from the Distribution Account to the Reserve FundFund the amounts specified pursuant to Section 5.02(a)(1)(C)(viii). In additionAny such amounts transferred shall be treated for federal tax purposes as amounts distributed to the Holders of the Class OC Certificates. On each Distribution Date, to the extent required, the Trustee Securities Administrator shall hold the Cap Agreement as an asset withdraw amounts in the Reserve FundFund to make distributions to the Classes of Certificates in accordance with the priorities set forth in Section 5.02(a)(1)(C) (viii). On the Distribution Date on which the termination of the Certificates occurs pursuant to Section 7.02, after making all distributions required in connection with the Certificates, the Securities Administrator shall withdraw from the Reserve Fund (to the extent of funds available on deposit therein) any remaining amounts and distribute them to the Holders of the Class OC Certificates. The Reserve Fund 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, including without limitation, other moneys held by the Securities Administrator on behalf of the Trustee held pursuant to this Agreement. (b. Amounts held in the Reserve Fund from time to time shall continue to constitute assets of the Trust Fund, but not of any REMIC created under this Agreement, until released from the Reserve Fund pursuant to this Section 5.10. The Reserve Fund constitutes an "outside Reserve Fund" within the meaning of Treasury Regulation ss. 1.860G-2(h) On each and is not an asset of any REMIC. The Holders of the Class OC Certificates shall be the owner of the Reserve Fund. The Securities Administrator shall keep records that accurately reflect the funds on deposit in the Reserve Fund. Funds in the Reserve Fund may be invested in Permitted Investments at the written direction of the Majority of the Holders of the Class OC Certificates, which Permitted Investments shall mature not later than the Business Day immediately preceding the first Distribution Date on which there that follows the date of such investment (except that if such Permitted Investment is a payment received by the Trustee under the Cap Agreement that is based on a notional amount in excess an obligation of the aggregate Class Principal Balance institution that maintains the Reserve Fund, then such Permitted Investment shall mature not later than such Distribution Date) and shall not be sold or disposed of prior to maturity; provided, however, that if the Securities Administrator does not receive written investment directions, the funds in the Reserve Fund shall be invested in the Wells Fargo Prime Investment Money Market Fund. All such Permitted Ixxxxxments shall be made in the name of the LIBOR Certificates (Trustee, for the benefit of the Holders of the Class OC Certificates. All losses incurred in the Reserve Fund in respect of any such amount, the “Class X Excess Cap Amount”), the Trustee investments shall not treat such payments as be charged against amounts on deposit in the Reserve Fund for purposes of determining the Reserve Fund Requirement for any Distribution Date(or such investments immediately as realized). Any such Class X Excess Cap Amount The Securities Administrator shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement liable for the benefit amount of the Class X Certificateholders, and the Trustee shall distribute such amount to the Class X Certificateholders pursuant to Section 6.05(d)(ix). On each Distribution Date the Trustee shall distribute any loss incurred in the order respect of priority and to the extent specified in Section 6.05(d) and (e) any investment or lack of this Agreement the sum investment of (without duplication) (i) any payments made by the Cap Provider to the Trust Fund for such Distribution Date with respect to the Cap Agreement, (ii) any amounts then on deposit funds in the Reserve Fund, including any earnings thereon, in respect of the Cap Agreement (iii) any amounts in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, (iv) any amounts in respect of Loss Amounts, (v) any amounts in respect of Deferred Principal Amounts and (vi) any amounts in respect of Class F Shortfalls and Unpaid Class F Shortfalls. On each Distribution Date, any amounts that the Trustee is not required to distribute from the Reserve Fund pursuant to Section 6.05(d) and (e) of this Agreement shall remain on deposit in the Reserve Fund and shall be invested as provided in this Agreement. (c) The Class X Certificate OC Certificates shall evidence ownership of the Reserve Fund for federal income tax purposes. To the extent that a Class of Certificates receives interest in excess of the Net WAC Pass-Through Rate, such interest shall be deemed to have been paid to the Reserve Fund and then paid by the Reserve Fund to those Certificateholders. For purposes of the Code, amounts deemed deposited in the Reserve Fund shall be deemed to have first been distributed to the Class OC Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!