Common use of Upon one Business Day Clause in Contracts

Upon one Business Day. s prior written notice to the Trustee, the Servicer and the Rating Agencies, on any Business Day during the Prefunding Period designated by the Depositor, the Depositor, DLJMC, the Servicer and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy). The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of the Trust Fund as a REMIC, to be delivered as provided pursuant to Section 2.01(e); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as a sale, to be delivered as provided pursuant to Section 2.01(e); and (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy); (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) such Subsequent Mortgage Loan will not have a Mortgage Rate less than 7.75% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Date; (ix) such Subsequent Mortgage Loan will not have a Loan-to-Value Ratio greater than 100%; (x) no Subsequent Mortgage Loan shall have a maturity date after September 1, 2031; (xi) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%; (xii) such Subsequent Mortgage Loan will be otherwise acceptable to the Rating Agencies; (xiii) following the conveyance of the Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Mortgage Loans in the Mortgage Pool will be as follows: (A) weighted average Mortgage Rate of at least 10.49% per annum; (B) a weighted average remaining term to stated maturity of less than 350 months; (C) a weighted average Loan-to-Value Ratio of not more than 78.5%; (D) no more than 2% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be balloon loans; (E) no more than 36% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be concentrated in one state; and (F) no more than 6.5% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; (xiv) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xv) no Event of Default has occurred hereunder; and (xvi) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Abs Trust Series 2001 He12), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

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Upon one Business Day. s prior written notice to the Trustee, the Servicer and the Rating Agencies, on any Business Day during the Prefunding Pre-Funding Period designated by the Depositor, the Depositor, DLJMC, the Servicer and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy)Certificates. The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d2.03(f) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of stating that each REMIC in the Trust Fund is and shall continue to qualify as a REMICREMIC following the transfer of the Subsequent Mortgage Loans, to be delivered as provided pursuant to Section 2.01(e2.01(g); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of confirming that the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as is a true sale, to be delivered as provided pursuant to Section 2.01(e2.01(g); and; (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy)Agencies; (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was is 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will does not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) such Subsequent Mortgage Loan will does not have a Net Mortgage Rate less than 7.755.50% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Transfer Date; (ix) such Subsequent Mortgage Loan will does not have a Combined Loan-to-Value Ratio greater than 100100.00%; (x) such Subsequent Mortgage Loan has a principal balance not greater than $285,000; (xi) no Subsequent Mortgage Loan shall have a final maturity date after September November 1, 2031; (xi) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%2034; (xii) such Subsequent Mortgage Loan will be is secured by a first or second lien; (xiii) such Subsequent Mortgage Loan is otherwise acceptable to the Rating Agencies; (xiiixiv) [reserved]; (xv) following the conveyance of the such Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Mortgage Loans in (based on the Initial Mortgage Pool Loans as of the Cut-off Date and the Subsequent Mortgage Loans as of their related Subsequent Transfer Date) will be as follows: (A) A. a weighted average Mortgage Rate of at least 10.499.31% per annum; (B) B. a weighted average remaining term to stated maturity of less than 350 220 months; (C) C. a weighted average Combined Loan-to-Value Ratio of not more than 78.598.89%; (D) D. a weighted average credit score of at least 684; E. no more than 280.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be are balloon loans; (E) F. no more than 3637.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be are concentrated in one state; and (F) G. no more than 6.510.19% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; (xivxvi) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xvxvii) no Event of Default has occurred hereunder; and (xvixviii) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent. Subsequent Mortgage Loans with an aggregate principal balance of at least $9,721,832 (as of the related Subsequent Transfer Date), to the extent transferred to the Trust, will meet the eligibility criteria for coverage under the Credit Insurance Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2004-4)

Upon one Business Day. s prior written notice to the Trustee, the Servicer Servicers and the Rating Agencies, on any Business Day during the Prefunding Period designated by the Depositor, the Depositor, DLJMC, the Servicer applicable Servicers and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy). The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of the Trust Fund each REMIC as a REMIC, to be delivered as provided pursuant to Section 2.01(e); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as a sale, to be delivered as provided pursuant to Section 2.01(e); and (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy); (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) such Subsequent Mortgage Loan will not have a current Mortgage Rate less than 7.755.50% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Date; (ix) such Subsequent Mortgage Loan will not have a Loan-to-Value Ratio greater than 100100.00%; (x) such Subsequent Mortgage Loan will have a principal balance not greater than $750,000; (xi) no Subsequent Mortgage Loan shall have a maturity date after September 1, 2031May 2032; (xixii) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%; (xiixiii) such Subsequent Mortgage Loan will be otherwise acceptable to the Rating Agencies; (xiiixiv) following the conveyance of the Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Mortgage Loans in the Mortgage Pool will be as follows:follows with respect to Loan Group 1 and Loan Group 2 (in the aggregate): (A) weighted average Mortgage Rate of at least 10.499.15% per annum; (B) a weighted average remaining term to stated maturity of less than 350 355 months; (C) a weighted average Loan-to-Value Ratio of not more than 78.581.0%; (D) no more than 23.50% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be balloon loans; (E) no more than 3640.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be concentrated in one state; and (F) no more than 6.510.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; With respect to Loan Group 3: (A) weighted average Mortgage Rate of at least 8.85% per annum; (xivG) a weighted average remaining term to stated maturity of less than 350 months; (H) a weighted average Loan-to-Value Ratio of not more than 80.00%; (I) no more than 7.50% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be balloon loans; (J) no more than 20.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be concentrated in one state; and (K) no more than 10.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties. (xv) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xvxvi) no Event of Default has occurred hereunder; and; (xvixvii) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent; and (xviii) each Mortgage Loan constitutes a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2002 He4)

Upon one Business Day. s prior written notice to the Trustee, the related Servicer and the Rating Agencies, on any Business Day during the Prefunding Pre-Funding Period designated by the Depositor, the Depositor, DLJMC, the related Servicer and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy). The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d2.03(f) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of stating that each REMIC in the Trust Fund is and shall continue to qualify as a REMICREMIC following the transfer of the Subsequent Mortgage Loans, to be delivered as provided pursuant to Section 2.01(e2.01(g); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of confirming that the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as is a true sale, to be delivered as provided pursuant to Section 2.01(e2.01(g); and; (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy); (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was is 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will does not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) in the case of a Group 1 Subsequent Mortgage Loan, such Subsequent Mortgage Loan will does not have a Net Mortgage Rate less than 7.756.60% per annum, and in the case of a Group 2 Subsequent Mortgage Loan, such Subsequent Mortgage Loan does not have a Net Mortgage Rate less than 6.47% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Transfer Date; (ix) such Subsequent Mortgage Loan will does not have a Combined Loan-to-Value Ratio greater than 100100.00%; (x) in the case of a Group 1 Subsequent Mortgage Loan, such Subsequent Mortgage Loan has a principal balance not greater than $149,758, and in the case of a Group 2 Subsequent Mortgage Loan, such Subsequent Mortgage Loan has a principal balance not greater than $399,849; (xi) no Subsequent Mortgage Loan shall have a final maturity date after September April 1, 2031; (xi) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%2032; (xii) such Subsequent Mortgage Loan will be is secured by a first or second lien; (xiii) such Subsequent Mortgage Loan is otherwise acceptable to the Rating Agencies; (xiiixiv) following the conveyance of the such Group 1 Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Loan Group 1 Mortgage Loans in the Mortgage Pool will be as follows: (A) A. a weighted average Mortgage Rate of at least 10.4912.00% per annum; (B) B. a weighted average remaining term to stated maturity of less than 350 194 months; (C) C. a weighted average Combined Loan-to-Value Ratio of not more than 78.595.10%; (D) D. no more than 262.86% of the Loan Group 2 Mortgage Loans by aggregate Cut-off Date Principal Balance will be are balloon loans; (E) ; E. no more than 3642.00% of the Loan Group 2 Mortgage Loans by aggregate Cut-off Date Principal Balance will be are concentrated in one state; and (F) no more than 6.5% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; (xiv) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xv) no Event of Default has occurred hereunder; and (xvi) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Upon one Business Day. s prior written notice to the Trustee, the Servicer Servicers and the Rating Agencies, on any Business Day during the Prefunding Period designated by the Depositor, the Depositor, DLJMC, the Servicer Servicers and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy). The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of the Trust Fund as a REMIC, to be delivered as provided pursuant to Section 2.01(e); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as a sale, to be delivered as provided pursuant to Section 2.01(e); and; (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy); (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) such Subsequent Mortgage Loan will not have a Mortgage Rate less than 7.756.50% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Date; (ix) such Subsequent Mortgage Loan will not have a Loan-to-Value Ratio greater than 100100.00%; (x) such Subsequent Mortgage Loan will have a principal balance not greater than $750,000; (xi) no Subsequent Mortgage Loan shall have a maturity date after September 1, 2031January 2032; (xixii) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%; (xiixiii) such Subsequent Mortgage Loan will be otherwise acceptable to the Rating Agencies; (xiiixiv) following the conveyance of the Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Mortgage Loans in the Mortgage Pool will be as follows: (A) weighted average Mortgage Rate of at least 10.499.85% per annum; (B) a weighted average remaining term to stated maturity of less than 350 345 months; (C) a weighted average Loan-to-Value Ratio of not more than 78.579.00%; (D) no more than 212.5% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be balloon loans; (E) no more than 3628.0% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be concentrated in one state; and (F) no more than 6.55.5% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; (xivxv) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xvxvi) no Event of Default has occurred hereunder; and; (xvixvii) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent; and (xviii) each Mortgage Loan constitutes a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Abs Trust Series 2001-He22)

Upon one Business Day. s prior written notice to the Trustee, the related Servicer and the Rating Agencies, on any Business Day during the Prefunding Pre-Funding Period designated by the Depositor, the Depositor, DLJMC, the related Servicer and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy). The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of the Trust Fund as a REMIC, to be delivered as provided pursuant to Section 2.01(e); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as a sale, to be delivered as provided pursuant to Section 2.01(e); and (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy); (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was is 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will does not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) such Subsequent Mortgage Loan will does not have a Mortgage Rate less than 7.757.38% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Date; (ix) such Subsequent Mortgage Loan does not have a Combined Loan-to-Value Ratio greater than 100.00%; (x) such Subsequent Mortgage Loan has a principal balance not greater than $400,000; (xi) no Subsequent Mortgage Loan shall have a maturity date after December 31, 2031; (xii) such Subsequent Mortgage Loan will not have a an original Combined Loan-to-Value Ratio greater than 100%; (x) no Subsequent Mortgage Loan shall have a maturity date after September 1, 2031; (xixiii) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%; (xii) such Subsequent Mortgage Loan will be is otherwise acceptable to the Rating Agencies; (xiiixiv) following the conveyance of the Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Mortgage Loans in the Mortgage Pool will be as follows: (A) A. a weighted average Mortgage Rate of at least 10.4912.00% per annum; (B) B. a weighted average remaining term to stated maturity of less than 350 191 months; (C) C. a weighted average Combined Loan-to-Value Ratio of not more than 78.592.00%; (D) D. no more than 262.87% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be are balloon loans; (E) ; E. no more than 3658.37% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be are concentrated in one state; and (F) no more than 6.5% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; (xiv) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xv) no Event of Default has occurred hereunder; and (xvi) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001-S23)

Upon one Business Day. s prior written notice to the Trustee, the Servicer Servicers and the Rating Agencies, on any Business Day during the Prefunding Period designated by the Depositor, the Depositor, DLJMC, the Servicer applicable Servicers and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy). The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of the Trust Fund each REMIC as a REMIC, to be delivered as provided pursuant to Section 2.01(e); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as a sale, to be delivered as provided pursuant to Section 2.01(e); and (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy); (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) such Subsequent Mortgage Loan will not have a current Mortgage Rate less than 7.756.00% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Date; (ix) such Subsequent Mortgage Loan will not have a Loan-to-Value Ratio greater than 100100.00%; (x) such Subsequent Mortgage Loan will have a principal balance not greater than $1,000,000; (xi) no Subsequent Mortgage Loan shall have a maturity date after September 1, 2031April 2032; (xixii) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%; (xiixiii) such Subsequent Mortgage Loan will be otherwise acceptable to the Rating Agencies; (xiiixiv) following the conveyance of the Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Mortgage Loans in the Mortgage Pool will be as follows:follows with respect to Loan Group 1 and Loan Group 2 (in the aggregate): (A) weighted average Mortgage Rate of at least 10.499.65% per annum; (B) a weighted average remaining term to stated maturity of less than 350 347 months; (C) a weighted average Loan-to-Value Ratio of not more than 78.580.5%; (D) no more than 28.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be balloon loans; (E) no more than 3630.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be concentrated in one state; and (F) no more than 6.56.50% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; With respect to Loan Group 3: (A) a weighted average Mortgage Rate of at least 9.67% per annum; (xivB) a weighted average remaining term to stated maturity of less than 275 months; (C) a weighted average Loan-to-Value Ratio of not more than 82.50%; (D) no more than 50.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be balloon loans; (E) no more than 25.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be concentrated in one state; and (F) no more than 12.00% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties. (xv) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xvxvi) no Event of Default has occurred hereunder; and; (xvixvii) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent; and (xviii) each Mortgage Loan constitutes a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

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Upon one Business Day. s prior written notice to the Trustee, the related Servicer and the Rating Agencies, on any Business Day during the Prefunding Pre-Funding Period designated by the Depositor, the Depositor, DLJMC, the related Servicer and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy). The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d2.03(f) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of stating that each REMIC in the Trust Fund is and shall continue to qualify as a REMICREMIC following the transfer of the Subsequent Mortgage Loans, to be delivered as provided pursuant to Section 2.01(e2.01(g); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of confirming that the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as is a true sale, to be delivered as provided pursuant to Section 2.01(e2.01(g); and; (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy); (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was is 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will does not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) such the Subsequent Mortgage Loan will does not have a Net Mortgage Rate less than 7.757.90% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Transfer Date; (ix) such Subsequent Mortgage Loan will does not have a Combined Loan-to-Value Ratio greater than 100100.00%; (x) the Subsequent Mortgage Loan has a principal balance not greater than $399,803; (xi) no Subsequent Mortgage Loan shall have a final maturity date after September April 1, 2031; (xi) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%2032; (xii) such Subsequent Mortgage Loan will be is secured by a first or second lien; (xiii) such Subsequent Mortgage Loan is otherwise acceptable to the Rating Agencies; (xiiixiv) following the conveyance of the such Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Mortgage Loans in the Mortgage Pool will be as follows: (A) A. a weighted average Mortgage Rate of at least 10.4912.44% per annum; (B) B. a weighted average remaining term to stated maturity of less than 350 191 months; (C) C. a weighted average Combined Loan-to-Value Ratio of not more than 78.595.04%; (D) D. a weighted average credit score of at least 660; 50 E. no more than 272.70% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be are balloon loans; (E) F. no more than 3652.85% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be are concentrated in one state; and (F) G. no more than 6.55.90% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; (xivxv) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xvxvi) no Event of Default has occurred hereunder; and (xvixvii) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Upon one Business Day. s prior written notice to the Trustee, the related Servicer and the Rating Agencies, on any Business Day during the Prefunding Pre-Funding Period designated by the Depositor, the Depositor, DLJMC, the related Servicer and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy). The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d2.03(f) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of stating that each REMIC in the Trust Fund is and shall continue to qualify as a REMICREMIC following the transfer of the Subsequent Mortgage Loans, to be delivered as provided pursuant to Section 2.01(e2.01(g); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of confirming that the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as is a true sale, to be delivered as provided pursuant to Section 2.01(e2.01(g); and; (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy); (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was is 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will does not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) such Subsequent Mortgage Loan will does not have a Net Mortgage Rate less than 7.7511.87% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Transfer Date; (ix) such Subsequent Mortgage Loan will does not have a Combined Loan-to-Value Ratio greater than 100100.00%; (x) such Subsequent Mortgage Loan has a principal balance not greater than $399,545; (xi) no Subsequent Mortgage Loan shall have a final maturity date after September 1February 28, 2031; (xi) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%2032; (xii) such Subsequent Mortgage Loan will be is secured by a first or second lien; (xiii) such Subsequent Mortgage Loan is otherwise acceptable to the Rating Agencies; (xiiixiv) following the conveyance of the Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Loan Group 2 Mortgage Loans in the Mortgage Pool will be as follows: (A) A. a weighted average Mortgage Rate of at least 10.4912.39% per annum; (B) B. a weighted average remaining term to stated maturity of less than 350 192 months; (C) C. a weighted average Combined Loan-to-Value Ratio of not more than 78.592.54%; (D) D. no more than 272% of the Loan Group 2 Mortgage Loans by aggregate Cut-off Date Principal Balance will be are balloon loans; (E) E. no more than 3666% of the Loan Group 2 Mortgage Loans by aggregate Cut-off Date Principal Balance will be are concentrated in one state; and (F) F. no more than 6.53.22% of the Loan Group 2 Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; (xivxv) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xvxvi) no Event of Default has occurred hereunder; and (xvixvii) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Upon one Business Day. s prior written notice to the Trustee, the related Servicer and the Rating Agencies, on any Business Day during the Prefunding Pre-Funding Period designated by the Depositor, the Depositor, DLJMC, the related Servicer and the Trustee shall complete, execute and deliver a Subsequent Transfer Agreement so long as no Rating Agency has provided notice that the execution and delivery of such Subsequent Transfer Agreement will result in a reduction or withdrawal of the ratings assigned to the Certificates (without regard to the FSA Policy). The transfer of Subsequent Mortgage Loans and the other property and rights relating to them on a Subsequent Transfer Date is subject to the satisfaction of each of the following conditions: (i) each Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date satisfies the representations and warranties applicable to it under this Agreement as of the applicable Subsequent Transfer Date; provided, however, that with respect to a breach of a representation and warranty with respect to a Subsequent Mortgage Loan, the obligation under Section 2.03(d2.03(g) of this Agreement of the Seller to cure, repurchase or replace such Subsequent Mortgage Loan shall constitute the sole remedy against the Seller respecting such breach available to Certificateholders, the Depositor or the Trustee; (ii) the Trustee and the Rating Agencies are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the qualification of stating that each REMIC in the Trust Fund is and shall continue to qualify as a REMICREMIC following the transfer of the Subsequent Mortgage Loans, to be delivered as provided pursuant to Section 2.01(e2.01(g); (iii) the Rating Agencies and the Trustee are provided with an Opinion of Counsel or Opinions of Counsel, at the expense of the Depositor, with respect to the characterization of confirming that the transfer of the Subsequent Mortgage Loans conveyed on such Subsequent Transfer Date as is a true sale, to be delivered as provided pursuant to Section 2.01(e2.01(g); and; (iv) the execution and delivery of such Subsequent Transfer Agreement or conveyance of the related Subsequent Mortgage Loans does not result in a reduction or withdrawal of any ratings assigned to the Certificates by the Rating Agencies (without regard to the FSA Policy); (v) no Subsequent Mortgage Loan conveyed on such Subsequent Transfer Date was is 30 or more days contractually delinquent as of such date; (vi) the remaining term to stated maturity of such Subsequent Mortgage Loan will does not exceed 30 years for fully amortizing loans or 15 years for balloon loans; (vii) such the Subsequent Mortgage Loan will does not have a Net Mortgage Rate less than 7.756.40% per annum; (viii) the Depositor shall have deposited in the Collection Account all principal and interest collected with respect to the related Subsequent Mortgage Loans on or after the related Subsequent Cut-off Transfer Date; (ix) such Subsequent Mortgage Loan will does not have a Combined Loan-to-Value Ratio greater than 100100.00%; (x) the Subsequent Mortgage Loan has a principal balance not greater than $399,903; (xi) no Subsequent Mortgage Loan shall have a final maturity date after September January 1, 2031; (xi) such Subsequent Mortgage Loan will not have an original Loan-to-Value Ratio greater than 100%2033; (xii) such Subsequent Mortgage Loan will be is secured by a first or second lien; (xiii) such Subsequent Mortgage Loan is otherwise acceptable to the Rating Agencies; (xiiixiv) following the conveyance of the such Subsequent Mortgage Loans on such Subsequent Transfer Date the characteristics of the Mortgage Loans in the Mortgage Pool will be as follows: (A) A. a weighted average Mortgage Rate of at least 10.4912.18% per annum; (B) B. a weighted average remaining term to stated maturity of less than 350 196 months; (C) C. a weighted average Combined Loan-to-Value Ratio of not more than 78.5100%;; 50 (D) D. a weighted average credit score of at least 678; E. no more than 266.20% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be are balloon loans; (E) no more than 36% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will be concentrated in one state; and (F) no more than 6.5% of the Mortgage Loans by aggregate Cut-off Date Principal Balance will relate to non-owner occupied properties; (xiv) neither the applicable Seller nor the Depositor shall be insolvent or shall be rendered insolvent as a result of such transfer; (xv) no Event of Default has occurred hereunder; and (xvi) the Depositor shall have delivered to the Trustee an Officer's Certificate confirming the satisfaction of each of these conditions precedent.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mort Sec Corp Home Equity Mort Trust 2002-3)

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