Withdrawals from Note Payment Account. To the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall make withdrawals therefrom by 9:00 a.m. (New York City time) on each Payment Date, for application in the following order of priority: (i) to distribute on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) to the Servicer on behalf of the Grantor Trustee, an amount equal to (i) the Servicing Compensation (net of any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above) and all unpaid Servicing Compensation from prior Payment Dates and (ii) all Nonrecoverable Servicing Advances not previously reimbursed, (b) to the Indenture Trustee, an amount equal to the Indenture Trustee Fee and all unpaid Indenture Trustee Fees from prior Payment Dates, (c) to the Owner Trustee, an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian Fee, if any, and all unpaid Custodian Fees from prior Payment Dates, and (e) to the Grantor Trustee, an amount equal to the Grantor Trustee Fee, if any, and all unpaid Grantor Trustee Fees from prior Payment Dates; and (ii) to deposit into the Certificate Distribution Account the applicable portions of the Available Payment Amount distributable in respect of the Residual Interest calculated pursuant to subsections (d) and (e) of this Section 5.01 on such Payment Date. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes has been reduced to zero.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1997-5), Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv), Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv)
Withdrawals from Note Payment Account. To the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall make withdrawals therefrom by 9:00 a.m. (New York City time) on each Payment Date, for application in the following order of priority:
(i) to distribute on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) to the Servicer on behalf of the Grantor Trustee, an amount equal to (i) the Servicing Compensation (net of any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above) and all unpaid Servicing Compensation from prior Payment Dates and (ii) all Nonrecoverable Servicing Advances not previously reimbursed, (b) to the Indenture Trustee, an amount equal to the Indenture Trustee Fee and all unpaid Indenture Trustee Fees from prior Payment Dates, (c) to the Owner Trustee, an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian Fee, if any, and all unpaid Custodian Fees from prior Payment Dates, and (e) to the Grantor Trustee, an amount equal to the Grantor Trustee Fee, if any, and all unpaid Grantor Trustee Fees from prior Payment Dates; and
(ii) to deposit into the Certificate Distribution Account any Pre-Funding Earnings deposited therein pursuant to Section 5.05(c) and the applicable portions of the Available Payment Amount distributable in respect of the Residual Interest calculated pursuant to subsections (d) and (e) of this Section 5.01 on such Payment Date. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes has been reduced to zero.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998-1), Sale and Servicing Agreement (Master Financial Asset Securitization Trust 1998-2)
Withdrawals from Note Payment Account. To the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall make withdrawals therefrom by 9:00 a.m. (New York City time) on each Payment Date, for application in the following order of priority:
(i) to distribute pay on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) to the Servicer on behalf of the Grantor Trustee, an amount equal to (i) the Servicing Compensation (net of any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above) and all unpaid Servicing Compensation from prior Payment Dates and (ii) all Nonrecoverable Servicing Advances not previously reimbursed, (b) to the Indenture Trustee, an amount equal to the Indenture Trustee Fee and all unpaid Indenture Trustee Fees from prior Payment Dates, (c) to the Owner Trustee, an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian Fee, if any, and all unpaid Custodian Fees from prior Payment Dates, and (e) to the Grantor Trustee, an amount equal to the Grantor Trustee Fee, if any, and all unpaid Grantor Trustee Fees from prior Payment Dates; and
(ii) to deposit into the Certificate Distribution Account any Pre-Funding Earnings deposited therein pursuant to Section 5.05(c) and the applicable portions of the Available Payment Amount distributable in respect of the Residual Interest calculated pursuant to subsections (d) and (e) of this Section 5.01 on such Payment Date. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes has been reduced to zero.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1)
Withdrawals from Note Payment Account. To the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall make withdrawals therefrom by 9:00 a.m. (New York City time) on each Payment Date, for application in the following order of priority:
(i) to distribute on such Payment Date the following amounts related to such Payment Date pursuant to the Indenture in the following order: (a) to the Master Servicer an amount equal to the Master Servicer Compensation and all unpaid Master Servicer Compensation from prior Payment Dates; (b) to Empire Funding (if Empire Funding is the Subservicer for such Payment Date) an amount equal to the Empire Subservicer Compensation (net of the sum of any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above) and all unpaid Empire Subservicer Compensation from prior Payment Dates; (c) to the Servicer, on behalf of the Grantor Trustee, an amount equal to (i) the Servicing Compensation (net of the sum of any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above) and all unpaid Servicing Compensation from prior Payment Dates and Dates; (ii) all Nonrecoverable Servicing Advances not previously reimbursed, (bd) to the Indenture Trustee, an amount equal to the Indenture Trustee Fee and all unpaid Indenture Trustee Fees from prior Payment Dates, ; (ce) to the Owner Trustee, an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, Payment Dates; (df) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian Fee, if any, and all unpaid Custodian Fees from prior Payment Dates, ; and (eg) to the Grantor Trustee, an amount equal to the Grantor Trustee Fee, if any, and all unpaid Grantor Trustee Fees from prior Payment Dates; and
(ii) subject to the priority of payments in Subsections 5.01(d) and (e) below, to deposit into the Certificate Distribution Account the applicable portions of the Available Payment Amount distributable in respect of the Residual Interest Certificates as calculated pursuant to subsections (d) and subsection (e) of this Section SECTION 5.01 on such Payment Date. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes has been reduced to zero.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)
Withdrawals from Note Payment Account. To the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall make withdrawals therefrom by 9:00 a.m. (New York City time) on each Payment Date, for application in the following order of priority:
(i) to distribute on such Payment Date the following amounts related to such Payment Date pursuant to the Indenture in the following order, to be allocated pro rata with respect to each Class of Notes, on the basis of the respective aggregate Principal Balance of the Loans in the related Pools, except for the Guaranty Insurance Premium which shall be allocated on the basis of the respective Note Principal Balances of the Classes of Notes: (a1) to the Servicer on behalf of the Grantor Indenture Trustee, an amount equal to the Indenture Trustee Fee, all unpaid Indenture Trustee Fees from prior Payment Dates and reimbursable expenses; (i2) to the Servicer, an amount equal to the Servicing Compensation (net of the sum of any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above) and all unpaid Servicing Compensation from prior Payment Dates and ); (ii) all Nonrecoverable Servicing Advances not previously reimbursed, (b3) to the Indenture TrusteeMaster Servicer, an amount equal to the Indenture Trustee Fee Master Servicer Compensation and all unpaid Indenture Trustee Fees Master Servicer Compensation payable pursuant to this Section 5.01(c)(i) from prior Payment Dates; provided, however, if there exists an OC Trigger Event on such Payment Date, such Master Servicer Compensation shall be payable pursuant to Section 5.01(d)(x), unless waived by the Securities Insurer; and (c4) to the Owner TrusteeSecurities Insurer, an amount equal to the Owner Trustee Fee Guaranty Insurance Premium and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian Fee, if any, and all unpaid Custodian Fees from prior Payment Dates, and (e) to the Grantor Trustee, an amount equal to the Grantor Trustee Fee, if any, and all unpaid Grantor Trustee Fees Guaranty Insurance Premiums from prior Payment Dates; and
(ii) subject to the priority of payments in Subsections 5.01(d) below, to deposit into the Certificate Distribution Account the applicable portions of the Available Payment Amount distributable in respect payable to the holders of the Residual Interest Certificates as calculated pursuant to subsections (dSubsection 5.01(d)(x) below on such Payment Date and (ethe amount required to be distributed from the Reserve Account pursuant to Section 5.01(d)(xi) of this Section 5.01 Agreement on such Payment Date. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes has been reduced to zero.
Appears in 1 contract
Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2)
Withdrawals from Note Payment Account. To Subject to Section 5.01(e), ------------------------------------- no later than 11:00 a.m. (New York City time) on the second Business Day prior to each Payment Date, to the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall either (1) retain funds in the Note Payment Account for payment or distribution on such Payment Date or (2) make withdrawals therefrom by 9:00 a.m. (New York City time) on from the Note Payment Account and deposits into the other Trust Accounts as indicated, in each Payment Date, for application case as specified below and in the following order of priority:
(i1) to distribute retain in the Note Payment Account for payment on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) Indenture, to the Servicer on behalf of the Grantor TrusteeServicer, an amount equal to (i) the Servicing Compensation (net of (i) any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above, (ii) any amounts representing income or gain from investments credited to the Collection Account and paid to the Servicer pursuant to subsection (b)(2) above and (iii) the Indenture Trustee Fee, which shall be paid to the Indenture Trustee) and all unpaid Servicing Compensation from prior Due Periods;
(2) to retain in the Note Payment Dates Account for payment pursuant to the Indenture on such Payment Date and to deposit in the Certificate Distribution Account for distribution pursuant to Section 5.02, any amount remaining from the Pre-Funding Account Deposit at the end of the Funding Period, which will be paid (x) if no Indenture Event of Default has occurred and such amount remaining is greater than $50,000, in reduction, on a pro rata basis, of the Class Principal Balances (and Component Principal Balances) of each Class of Securities (and the B-1 and B-2 Components) as provided in Section 8.2(a)(ii) of the Indenture and Section 5.05(c)(i) hereof, (y) if no Indenture Event of Default has occurred and such amount remaining is less than or equal to $50,000, such remaining amount will be retained in the Note Payment Account and be paid on the Pre-Funding Termination Payment Date sequentially to the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, in reduction of the Class Principal Balances thereof, or (z) if an Indenture Event of Default has occurred, such remaining amount will be retained in the Note Payment Account and be paid in reduction of the Class Principal Balances of each Class of Notes, pro rata based on the Class Principal Balances thereof;
(3) to retain in the Note Payment Account with respect to the Notes, or to deposit in the Certificate Distribution Account with respect to the Residual Interest Certificate, as applicable, to the extent of the Regular Payment Amount for such Payment Date, in the following order of priority:
(i) for payment pursuant to the Indenture to the holders of the Senior Notes, the Senior Noteholders' Interest Payment Amount for such Payment Date, allocated to each Class of Senior Notes, pro rata, based on the amount of interest payable in respect of each such Class based on the applicable Interest Rate;
(ii) all Nonrecoverable Servicing Advances not previously reimbursed, (b) for payment pursuant to the Indenture Trusteeto the holders of the Class M-1 Notes, the Class M-1 Noteholders' Interest Payment Amount for such Payment Date;
(iii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the Class M-2 Noteholders' Interest Payment for such Payment Date;
(iv) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the A IO Component, the A IO Component's Interest Distributable Amount for such Payment Date;
(v) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-1 Component, the B-1 Component's Interest Distributable Amount for such Payment Date;
(vi) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the B-2 Component's Interest Distributable Amount for such Payment Date;
(vii) for payment pursuant to the Indenture to the holders of the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, until the respective Class Principal Balances thereof are reduced to zero, the amount necessary to reduce the aggregate of the Class Principal Balances of the Senior Notes to the Senior Optimal Principal Balance for such Payment Date;
(viii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-1 Optimal Principal Balance for such Payment Date;
(ix) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-2 Optimal Principal Balance for such Payment Date;
(x) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-1 Component, the amount necessary to reduce the Component Principal Balance thereof to the B-1 Component Optimal Principal Balance for such Payment Date;
(xi) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the amount necessary to reduce the Component Principal Balance thereof to the B-2 Component Optimal Principal Balance for such Payment Date;
(xii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xiii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xiv) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-1 Component, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xv) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xvi) for distribution pursuant to Section 5.05 to the Servicer, an amount equal to any Servicing Advances previously made by the Indenture Trustee Fee Servicer and all unpaid Indenture Trustee Fees from prior Payment Dates, not previously reimbursed (cthe "Servicing Advance Reimbursement Amount"); and
(xvii) to deposit any remaining amount in the Owner Trustee, an amount equal Certificate Distribution Account for distribution pursuant to Section 5.05 to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periodsholder of the Residual Interest Certificate, in respect of the Excess Component.
(d4) to retain in the Custodian on behalf Note Payment Account with respect to the Notes, or to deposit in the Certificate Distribution Account with respect to the Residual Interest Certificate, as applicable, to the extent of the Grantor Trustee, an amount equal to the Custodian FeeExcess Spread, if any, and all unpaid Custodian Fees from prior Payment Dates, and (e) to in the Grantor Trustee, an amount equal to the Grantor Trustee Fee, if any, and all unpaid Grantor Trustee Fees from prior Payment Dates; and
(ii) to deposit into the Certificate Distribution Account the applicable portions following order of the Available Payment Amount distributable in respect of the Residual Interest calculated pursuant to subsections (d) and (e) of this Section 5.01 on such Payment Date. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes has been reduced to zero.priority:
Appears in 1 contract
Samples: Sale and Servicing Agreement (Firstplus Investment Corp)
Withdrawals from Note Payment Account. To Subject to Section 5.01(e), no later than 11:00 a.m. (New York City time) on the second Business Day prior to each Payment Date, to the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall either (1) retain funds in the Note Payment Account for payment or distribution on such Payment Date or (2) make withdrawals therefrom by 9:00 a.m. (New York City time) on from the Note Payment Account and deposits into the other Trust Accounts as indicated, in each Payment Date, for application case as specified below and in the following order of priority:
(i1) to distribute retain in the Note Payment Account for payment on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) Indenture, to the Servicer on behalf of the Grantor TrusteeServicer, an amount equal to (i) the Servicing Compensation (net of (i) any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above, (ii) any amounts representing income or gain from investments credited to the Collection Account and paid to the Servicer pursuant to subsection (b)(2) above and (iii) the Indenture Trustee Fee, which shall be paid to the Indenture Trustee) and all unpaid Servicing Compensation from prior Due Periods;
(2) to retain in the Note Payment Dates Account for payment pursuant to the Indenture on such Payment Date and to deposit in the Certificate Distribution Account for distribution pursuant to Section 5.02, any amount remaining from the Pre-Funding Account Deposit at the end of the Funding Period, which will be paid (x) if no Indenture Event of Default has occurred and such amount remaining is greater than $50,000, in reduction, on a pro rata basis, of the Class Principal Balances (and Component Principal Balance) of each Class of Securities (and the B-2 Component) as provided in Section 8.2(a)(ii) of the Indenture and Section 5.05(c)(i) hereof, (y) if no Indenture Event of Default has occurred and such amount remaining is less than or equal to $50,000, such remaining amount will be retained in the Note Payment Account and be paid on the Pre-Funding Termination Payment Date sequentially to the Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7, Class A-8 and Class A-9 Notes, in that order, in reduction of the Class Principal Balances thereof, or (z) if an Indenture Event of Default has occurred, such remaining amount will be retained in the Note Payment Account and be paid in reduction of the Class Principal Balances of each Class of Notes, pro rata based on the Class Principal Balances thereof;
(3) to retain in the Note Payment Account with respect to the Notes, or to deposit in the Certificate Distribution Account with respect to the Residual Interest Certificate, as applicable, to the extent of the Regular Payment Amount for such Payment Date, in the following order of priority:
(i) for payment pursuant to the Indenture to the holders of the Senior Notes, the Senior Noteholders' Interest Payment Amount for such Payment Date, allocated to each Class of Senior Notes, pro rata, based on the amount of interest payable in respect of each such Class based on the applicable Interest Rate;
(ii) all Nonrecoverable Servicing Advances not previously reimbursed, (b) for payment pursuant to the Indenture Trusteeto the holders of the Class M-1 Notes, the Class M-1 Noteholders' Interest Payment Amount for such Payment Date;
(iii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the Class M-2 Noteholders' Interest Payment for such Payment Date;
(iv) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the Class B-1 Noteholders' Interest Payable Amount for such Payment Date;
(v) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the B-2 Component's Interest Distributable Amount for such Payment Date;
(vi) for payment pursuant to the Indenture to the holders of the Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7, Class A-8 and Class A-9 Notes, in that order, until the respective Class Principal Balances thereof are reduced to zero, the amount necessary to reduce the aggregate of the Class Principal Balances of the Senior Notes to the Senior Optimal Principal Balance for such Payment Date;
(vii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-1 Optimal Principal Balance for such Payment Date;
(viii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-2 Optimal Principal Balance for such Payment Date;
(ix) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class B-1 Optimal Principal Balance for such Payment Date;
(x) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the amount necessary to reduce the Component Principal Balance thereof to the B-2 Component Optimal Principal Balance for such Payment Date;
(xi) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xiii) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xiv) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xv) for distribution pursuant to Section 5.05 to the Servicer, an amount equal to any Servicing Advances previously made by the Indenture Trustee Fee Servicer and all unpaid Indenture Trustee Fees from prior Payment Dates, not previously reimbursed (cthe "Servicing Advance Reimbursement Amount"); and
(xvi) to deposit any remaining amount in the Owner TrusteeCertificate Distribution Account for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the Excess Component.
(4) to retain in the Note Payment Account with respect to the Notes, or to deposit in the Certificate Distribution Account with respect to the Residual Interest Certificate, as applicable, to the extent of the Excess Spread, if any, in the following order of priority:
(i) in an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian FeeOvercollateralization Shortfall, if any, and all unpaid Custodian Fees from prior Payment Dates, and as follows:
(eA) for payment pursuant to the Grantor Trustee, an amount equal Indenture to the Grantor Trustee Feeholders of the Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7, Class A-8 and Class A-9 Notes, in that order, until the respective Class Principal Balances thereof are reduced to zero, the amount necessary to reduce the aggregate of the Class Principal Balances of the Senior Notes to the Senior Optimal Principal Balance for such Payment Date;
(B) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-1 Optimal Principal Balance for such Payment Date;
(C) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-2 Optimal Principal Balance for such Payment Date;
(D) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class B-1 Optimal Principal Balance for such Payment Date, and
(E) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the amount necessary to reduce the Component Principal Balance thereof to the B-2 Component Optimal Principal Balance for such Payment Date;
(ii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the applicable Deferred Amount, if any, and all unpaid Grantor Trustee Fees from prior Payment Datesuntil such Deferred Amount has been paid in full;
(iii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(iv) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(v) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full; and
(iivi) for distribution pursuant to deposit into Section 5.05 to the Certificate Distribution Account the applicable portions holder of the Available Payment Amount distributable Residual Interest Certificate, in respect of the Residual Interest calculated pursuant to subsections (d) and (e) of this Section 5.01 on such Payment DateExcess Component, any amount remaining in the Certificate Distribution Account. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes Securities has been reduced to zero.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Firstplus Investment Corp)
Withdrawals from Note Payment Account. To Subject to Section 5.01(e), ------------------------------------- no later than 11:00 a.m. (New York City time) on the second Business Day prior to each Payment Date, to the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall either (1) retain funds in the Note Payment Account for payment or distribution on such Payment Date or (2) make withdrawals therefrom by 9:00 a.m. (New York City time) on from the Note Payment Account and deposits into the other Trust Accounts as indicated, in each Payment Date, for application case as specified below and in the following order of priority:
(i1) to distribute retain in the Note Payment Account for payment on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) Indenture, to the Servicer on behalf of the Grantor TrusteeServicer, an amount equal to (i) the Servicing Compensation (net of (i) any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above, (ii) any amounts representing income or gain from investments credited to the Collection Account and paid to the Servicer pursuant to subsection (b)(2) above and (iii) the Indenture Trustee Fee, which shall be paid to the Indenture Trustee) and all unpaid Servicing Compensation from prior Due Periods;
(2) to retain in the Note Payment Dates and (ii) all Nonrecoverable Servicing Advances not previously reimbursed, (b) Account for payment pursuant to the Indenture Trustee, an amount equal to the Indenture Trustee Fee on such Payment Date and all unpaid Indenture Trustee Fees from prior Payment Dates, (c) to the Owner Trustee, an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian Fee, if any, and all unpaid Custodian Fees from prior Payment Dates, and (e) to the Grantor Trustee, an amount equal to the Grantor Trustee Fee, if any, and all unpaid Grantor Trustee Fees from prior Payment Dates; and
(ii) to deposit into in the Certificate Distribution Account for distribution pursuant to Section 5.02, any amount remaining from the applicable portions Pre-Funding Account Deposit at the end of the Available Payment Amount distributable Funding Period, which will be paid (x) if no Indenture Event of Default has occurred and such amount remaining is greater than $50,000, in respect reduction, on a pro rata basis, of the Residual Interest calculated pursuant to subsections Class Principal Balances (d) and (eComponent Principal Balances) of this each Class of Securities (and the B-1 and B-2 Components) as provided in Section 5.01 on such Payment Date. Notwithstanding that the Notes have been paid in full, 8.2(a)(ii) of the Indenture Trustee and the Servicer shall continue Section 5.05(c)(i) hereof, (y) if no Indenture Event of Default has occurred and such amount remaining is less than or equal to maintain the Collection Account and $50,000, such remaining amount will be retained in the Note Payment Account hereunder until and be paid on the Pre-Funding Termination Payment Date sequentially to the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, in reduction of the Class Principal Balance Balances thereof, or (z) if an Indenture Event of Default has occurred, such remaining amount will be retained in the Note Payment Account and be paid in reduction of the Class Principal Balances of each Class of Notes has been reduced Notes, pro rata based on the Class Principal Balances thereof;
(3) to zero.retain in the Note Payment Account with respect to the Notes, or to deposit in the Certificate Distribution Account with respect to the Residual Interest Certificate, as applicable, to the extent of the Regular Payment Amount for such Payment Date, in the following order of priority:
Appears in 1 contract
Samples: Sale and Servicing Agreement (Firstplus Investment Corp)
Withdrawals from Note Payment Account. To the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall make withdrawals therefrom by 9:00 a.m. (New York City time) on each Payment Date, for application in the following order of priority:
(i) to distribute on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) to the Servicer on behalf of the Grantor TrusteeServicer, an amount equal to (i) the Servicing Compensation (net of any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above) and all unpaid Servicing Compensation from prior Payment Dates and (ii) all Nonrecoverable Servicing Advances not previously reimbursed, (b) to the Indenture Trustee, an amount equal to the sums of the Indenture Trustee Fee and all unpaid Indenture Trustee Fees from prior Payment Dates, Dates and interest and gains on funds held in the Note Payment Account and (c) to the Servicer, in trust for the Owner Trustee, an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian Fee, if any, and all unpaid Custodian Fees from prior Payment Dates, and (e) to the Grantor Trustee, an amount equal to the Grantor Trustee Fee, if any, and all unpaid Grantor Trustee Fees from prior Payment Dates; and
(ii) to deposit into the Certificate Distribution Account the applicable portions of the Available Payment Amount distributable in respect of the Residual Interest calculated pursuant to subsections (d) and (e) of this Section 5.01 on such Payment Date. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes has been reduced to zero.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Life Financial Home Loan Owner Trust 1997-3)
Withdrawals from Note Payment Account. To Subject to Section 5.01(e), no ------------------------------------- later than 11:00 a.m. (New York City time) on the second Business Day prior to each Payment Date, to the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall either (1) retain funds in the Note Payment Account for payment or distribution on such Payment Date or (2) make withdrawals therefrom by 9:00 a.m. (New York City time) on from the Note Payment Account and deposits into the other Trust Accounts as indicated, in each Payment Date, for application case as specified below and in the following order of priority:
(i1) to distribute retain in the Note Payment Account for payment on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) Indenture, to the Servicer on behalf of the Grantor TrusteeServicer, an amount equal to (i) the Servicing Compensation (net of (i) any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above, (ii) any amounts representing income or gain from investments credited to the Collection Account and paid to the Servicer pursuant to subsection (b)(2) above and (iii) the Indenture Trustee Fee, which shall be paid to the Indenture Trustee) and all unpaid Servicing Compensation from prior Due Periods;
(2) to retain in the Note Payment Dates Account for payment pursuant to the Indenture on such Payment Date and to deposit in the Certificate Distribution Account for distribution pursuant to Section 5.02, any amount remaining from the Pre-Funding Account Deposit at the end of the Funding Period, which will be paid (x) if no Indenture Event of Default has occurred and such amount remaining is greater than $50,000, in reduction, on a PRO RATA basis, of the Class Principal Balances (and Component Principal Balance) of each Class of Securities (and the B-2 Component) as provided in Section 8.2(a)(ii) of the Indenture and Section 5.05(c)(i) hereof, (y) if no Indenture Event of Default has occurred and such amount remaining is less than or equal to $50,000, such remaining amount will be retained in the Note Payment Account and be paid on the Pre-Funding Termination Payment Date sequentially to the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, in reduction of the Class Principal Balances thereof, or (z) if an Indenture Event of Default has occurred, such remaining amount will be retained in the Note Payment Account and be paid in reduction of the Class Principal Balances of each Class of Notes, PRO RATA based on the Class Principal Balances thereof;
(3) to retain in the Note Payment Account with respect to the Notes, or to deposit in the Certificate Distribution Account with respect to the Residual Interest Certificate, as applicable, to the extent of the Regular Payment Amount for such Payment Date, in the following order of priority:
(i) for payment pursuant to the Indenture to the holders of the Senior Notes, the Senior Noteholders' Interest Payment Amount for such Payment Date, allocated to each Class of Senior Notes, PRO RATA, based on the amount of interest payable in respect of each such Class based on the applicable Interest Rate;
(ii) all Nonrecoverable Servicing Advances not previously reimbursed, (b) for payment pursuant to the Indenture Trusteeto the holders of the Class M-1 Notes, the Class M-1 Noteholders' Interest Payment Amount for such Payment Date;
(iii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the Class M-2 Noteholders' Interest Payment for such Payment Date;
(iv) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the Class B-1 Noteholders' Interest Payable Amount for such Payment Date;
(v) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the A IO Component, the A IO Component's Interest Distributable Amount for such Payment Date;
(vi) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the B-2 Component's Interest Distributable Amount for such Payment Date;
(vii) for payment pursuant to the Indenture to the holders of the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, until the respective Class Principal Balances thereof are reduced to zero, the amount necessary to reduce the aggregate of the Class Principal Balances of the Senior Notes to the Senior Optimal Principal Balance for such Payment Date;
(viii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-1 Optimal Principal Balance for such Payment Date;
(ix) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-2 Optimal Principal Balance for such Payment Date;
(x) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class B-1 Optimal Principal Balance for such Payment Date;
(xi) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the amount necessary to reduce the Component Principal Balance thereof to the B-2 Component Optimal Principal Balance for such Payment Date;
(xii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xiii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xiv) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xv) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xvi) for distribution pursuant to Section 5.05 to the Servicer, an amount equal to any Servicing Advances previously made by the Indenture Trustee Fee Servicer and all unpaid Indenture Trustee Fees from prior Payment Dates, not previously reimbursed (cthe "Servicing Advance Reimbursement Amount"); and
(xvii) to deposit any remaining amount in the Owner TrusteeCertificate Distribution Account for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the Excess Component.
(4) to retain in the Note Payment Account with respect to the Notes, or to deposit in the Certificate Distribution Account with respect to the Residual Interest Certificate, as applicable, to the extent of the Excess Spread, if any, in the following order of priority:
(i) in an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian FeeOvercollateralization Shortfall, if any, and all unpaid Custodian Fees from prior Payment Dates, and as follows:
(eA) for payment pursuant to the Grantor Trustee, an amount equal Indenture to the Grantor Trustee Feeholders of the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, until the respective Class Principal Balances thereof are reduced to zero, the amount necessary to reduce the aggregate of the Class Principal Balances of the Senior Notes to the Senior Optimal Principal Balance for such Payment Date;
(B) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-1 Optimal Principal Balance for such Payment Date;
(C) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-2 Optimal Principal Balance for such Payment Date;
(D) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class B-1 Optimal Principal Balance for such Payment Date, and
(E) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the amount necessary to reduce the Component Principal Balance thereof to the B-2 Component Optimal Principal Balance for such Payment Date;
(ii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the applicable Deferred Amount, if any, and all unpaid Grantor Trustee Fees from prior Payment Datesuntil such Deferred Amount has been paid in full;
(iii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(iv) for payment pursuant to the Indenture to the holders of the Class B-1 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(v) for distribution pursuant to Section 5.05 to the holder of the Residual Interest Certificate, in respect of the B-2 Component, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full; and
(iivi) for distribution pursuant to deposit into Section 5.05 to the Certificate Distribution Account the applicable portions holder of the Available Payment Amount distributable Residual Interest Certificate, in respect of the Residual Interest calculated pursuant to subsections (d) and (e) of this Section 5.01 on such Payment DateExcess Component, any amount remaining in the Certificate Distribution Account. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes Securities has been reduced to zero.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Firstplus Investment Corp)
Withdrawals from Note Payment Account. To the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall make withdrawals therefrom by 9:00 a.m. (New York City time) on each Payment Date, for application in the following order of priority:
(i) to distribute on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) to the Servicer on behalf of the Grantor Trustee, an amount equal to (i) the Servicing Compensation (net of any (i) Make Whole Servicing Fees and (ii) amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above) and all unpaid Servicing Compensation (other than any Make Whole Servicing Fees) from prior Payment Dates and (ii) all Nonrecoverable Servicing Advances not previously reimbursedDates, (b) to the Indenture Trustee, an amount equal to the Indenture Trustee Fee and all unpaid Indenture Trustee Fees from prior Payment Dates, (c) to the Owner Trustee, an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian Fee, if any, and all unpaid Custodian Fees from prior Payment Dates, and (e) to the Grantor Trustee, an amount equal to the Grantor Trustee Fee, if any, and all unpaid Grantor Trustee Fees from prior Payment Dates; and
(ii) to deposit into the Certificate Distribution Account any Pre-Funding Earnings deposited therein pursuant to Section 5.05(c) and the applicable portions of the Available Payment Amount distributable in respect of the Residual Interest calculated pursuant to subsections (d) and (e) of this Section 5.01 on such Payment Date. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes has been reduced to zero.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Master Financial Asset Securitization Trust 1998-2)
Withdrawals from Note Payment Account. To Subject to Section 5.01(e), ------------------------------------- no later than 11:00 a.m. (New York City time) on the second Business Day prior to each Payment Date, to the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall either (1) retain funds in the Note Payment Account for payment or distribution on such Payment Date or (2) make withdrawals therefrom by 9:00 a.m. (New York City time) on from the Note Payment Account and deposits into the other Trust Accounts as indicated, in each Payment Date, for application case as specified below and in the following order of priority:
(i1) to distribute retain in the Note Payment Account for payment on such Payment Date the following amounts pursuant to the Indenture in the following order: (a) Indenture, to the Servicer on behalf of the Grantor TrusteeServicer, an amount equal to (i) the Servicing Compensation (net of (i) any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above, (ii) any amounts representing income or gain from investments credited to the Collection Account and paid to the Servicer pursuant to subsection (b)(2) above and (iii) the Indenture Trustee Fee, which shall be paid to the Indenture Trustee) and all unpaid Servicing Compensation from prior Due Periods;
(2) to retain in the Note Payment Dates Account for payment pursuant to the Indenture on such Payment Date and to deposit in the Certificate Distribution Account for distribution pursuant to Section 5.02, any amount remaining from the Pre-Funding Account Deposit at the end of the Funding Period, which will be paid (x) if no Indenture Event of Default has occurred and such amount remaining is greater than $50,000, in reduction, on a pro rata basis, of the Class Principal Balances of each Class of Securities as provided in Section 8.2(a)(ii) of the Indenture and Section 5.05(c)(i) hereof, (y) if no Indenture Event of Default has occurred and such amount remaining is less than or equal to $50,000, such remaining amount will be retained in the Note Payment Account and be paid on the Pre-Funding Termination Payment Date sequentially to the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, in reduction of the Class Principal Balances thereof, or (ii) all Nonrecoverable Servicing Advances not previously reimbursedif an Indenture Event of Default has occurred, such remaining amount will be retained in the Note Payment Account and be paid in reduction of the Class Principal Balances of each Class of Notes, pro rata based on the Class Principal Balances thereof;
(b3) to retain in the Note Payment Account with respect to the Notes, or to deposit in the Certificate Distribution Account with respect to the Certificates, as applicable, to the extent of the Regular Payment Amount for such Payment Date, in the following order of priority:
(i) for payment pursuant to the Indenture Trusteeto the holders of the Senior Notes, the Senior Noteholders' Interest Payment Amount for such Payment Date, allocated to each Class of Senior Notes, pro rata, based on the amount of interest payable in respect of each such Class based on the applicable Interest Rate;
(ii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the Class M-1 Noteholders' Interest Payment Amount for such Payment Date;
(iii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the Class M-2 Noteholders' Interest Payment for such Payment Date;
(iv) for distribution pursuant to Section 5.05 to the holders of the Class B-1 Certificates, the Class B-1 Certificateholders' Interest Distributable Amount for such Payment Date;
(v) for distribution pursuant to Section 5.05 to the holders of the Class B-2 Certificates, the Class B-2 Certificateholders' Interest Distributable Amount for such Payment Date;
(vi) for payment pursuant to the Indenture to the holders of the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, until the respective Class Principal Balances thereof are reduced to zero, the amount necessary to reduce the aggregate of the Class Principal Balances of the Senior Notes to the Senior Optimal Principal Balance for such Payment Date;
(vii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-1 Optimal Principal Balance for such Payment Date;
(viii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-2 Optimal Principal Balance for such Payment Date;
(ix) for distribution pursuant to Section 5.05 to the holders of the Class B-1 Certificates, the amount necessary to reduce the Class Principal Balance thereof to the Class B-1 Optimal Principal Balance for such Payment Date;
(x) for distribution pursuant to Section 5.05 to the holders of the Class B-2 Certificates, the amount necessary to reduce the Class Principal Balance thereof to the Class B-2 Optimal Principal Balance;
(xi) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xiii) for distribution pursuant to Section 5.05 to the holders of the Class B-1 Certificates, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xiv) for distribution pursuant to Section 5.05 to the holders of the Class B-2 Certificates, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(xv) for distribution pursuant to Section 5.05 to the Servicer, an amount equal to any Servicing Advances previously made by the Indenture Trustee Fee Servicer and all unpaid Indenture Trustee Fees from prior Payment Dates, not previously reimbursed (cthe "Servicing Advance Reimbursement Amount"); and
(xvi) to deposit any remaining amount in the Owner TrusteeCertificate Distribution Account for application as follows: first, to the extent required pursuant to Section 5.08, for deposit into the Class B-2 Account, and second, for distribution pursuant to Section 5.05 to the holders of the Residual Interest. Notwithstanding the foregoing, on any Payment Date on which a Trigger Event has occurred and is continuing, any Regular Payment Amount applied pursuant to clause (vi) above will be retained in the Note Payment Account for payment to the holders of the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, without regard to the Senior Optimal Principal Balance, until the respective Class Principal Balances thereof have been reduced to zero.
(4) to retain in the Note Payment Account with respect to the Notes, or to deposit in the Certificate Distribution Account with respect to the Certificates, as applicable, to the extent of the Excess Spread, if any, in the following order of priority:
(i) in an amount equal to the Owner Trustee Fee and all unpaid Owner Trustee Fees from prior Due Periods, (d) to the Custodian on behalf of the Grantor Trustee, an amount equal to the Custodian FeeOvercollateralization Deficiency Amount, if any, and all unpaid Custodian Fees from prior Payment Dates, and as follows:
(eA) for payment pursuant to the Grantor Trustee, an amount equal Indenture to the Grantor Trustee Feeholders of the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Notes, in that order, until the respective Class Principal Balances thereof are reduced to zero, the amount necessary to reduce the aggregate of the Class Principal Balances of the Senior Notes to the Senior Optimal Principal Balance for such Payment Date;
(B) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-1 Optimal Principal Balance for such Payment Date;
(C) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the amount necessary to reduce the Class Principal Balance thereof to the Class M-2 Optimal Principal Balance for such Payment Date;
(D) for distribution pursuant to Section 5.05 to the holders of the Class B-1 Certificates, the amount necessary to reduce the Class Principal Balance thereof to the Class B-1 Optimal Principal Balance for such Payment Date; and
(E) for distribution pursuant to Section 5.05 to the holders of the Class B-2 Certificates, the amount necessary to reduce the Class Principal Balance thereof to the Class B-2 Optimal Principal Balance;
(ii) for payment pursuant to the Indenture to the holders of the Class M-1 Notes, the applicable Deferred Amount, if any, and all unpaid Grantor Trustee Fees from prior Payment Datesuntil such Deferred Amount has been paid in full;
(iii) for payment pursuant to the Indenture to the holders of the Class M-2 Notes, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(iv) for distribution pursuant to Section 5.05 to the holders of the Class B-1 Certificates, the applicable Deferred Amount, if any, until such Deferred Amount has been paid in full;
(v) for distribution pursuant to Section 5.05 to the holders of the Class B-2 Certificates, the applicable Deferred Amount, if any, until such Deferred Amount is paid in full; and
(iivi) to deposit into any remaining amount in the Certificate Distribution Account for application as follows: first, to the applicable portions of extent required pursuant to Section 5.08, for deposit into the Available Payment Amount distributable in respect Class B-2 Account, and second, for distribution pursuant to Section 5.05 to the holders of the Residual Interest calculated Interest. Notwithstanding the foregoing, on any Payment Date on which a Trigger Event has occurred and is continuing, any Excess Spread applied pursuant to subsections clause (di)(A) above will be retained in the Note Payment Account for payment to the holders of the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and (e) of this Section 5.01 on such Payment DateClass A-8 Notes, in that order, without regard to the Senior Optimal Principal Balance, until the respective Class Principal Balances thereof have been reduced to zero. Notwithstanding that the Notes have been paid in full, the Indenture Trustee and the Servicer shall continue to maintain the Collection Account and the Note Payment Account hereunder until the Class Principal Balance of each Class of Notes Securities has been reduced to zero.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Firstplus Investment Corp)