Yield Maintenance Agreement. The Trustee is hereby authorized and directed to, and agrees that it shall, enter into the Yield Maintenance Agreement on behalf of the Trust Fund.
Yield Maintenance Agreement. The Trustee shall not designate an Early Termination Date under the Yield Maintenance Agreement without the consent of the Controlling Person.
Yield Maintenance Agreement. The Trust shall have the power and authority, and the Trustee (not in its individual capacity, but solely as Trustee hereunder) is hereby authorized and directed, on behalf of the Trust, to (i) enter into and perform the obligations of the Trust under the Yield Maintenance Agreement and (ii) exercise and enforce the rights of the Trust as specified therein.
Yield Maintenance Agreement. The Novation Agreement, together with the related Confirmations, each dated as of December 21, 2005, and any other documents related thereto, between the Cap Counterparty and the Trustee on behalf of the Trust.
Yield Maintenance Agreement. (a) In the event that the Trustee does not receive by the Business Day preceding a Distribution Date the amount as specified by the Master Servicer pursuant to Section 4.04(a)(iv) hereof as the amount to be paid with respect to such Distribution Date by the Yield Maintenance Agreement Provider under the Yield Maintenance Agreement, the Trustee shall enforce the obligation of the Yield Maintenance Agreement Provider thereunder. The parties hereto acknowledge that the Yield Maintenance Agreement Provider shall be making all calculations, and determine the amounts to be paid, under the Yield Maintenance Agreement. Absent manifest error, the Trustee may conclusively rely on such calculations and determination and any notice received by it from the Master Servicer pursuant to Section 4.04(a)(iv) hereof.
(b) The Trustee shall deposit or cause to be deposited any amount received under the Yield Maintenance Agreement into the Certificate Account on the date such amount is received from the Yield Maintenance Agreement Provider under the Yield Maintenance Agreement (including termination payments, if any). All payments received under the Yield Maintenance Agreement shall be distributed in accordance with the priorities set forth in Section 4.02(c) hereof.
(c) In the event that the Yield Maintenance Agreement, or any replacement thereof, terminates prior to the Distribution Date in December 2010, the Master Servicer, but at no expense to the Master Servicer, on behalf of the Trustee, to the extent that the termination value under the Yield Maintenance Agreement is sufficient therefor and only to the extent of the termination payment received from the Yield Maintenance Agreement Provider, shall (i) cause a new yield maintenance agreement provider to assume the obligations of such terminated yield maintenance agreement provider or (ii) cause a new yield maintenance agreement provider to enter into a new yield maintenance agreement with the Trust Fund having substantially similar terms as those set forth in the Yield Maintenance Agreement.
Yield Maintenance Agreement. 39 YIELD MAINTENANCE STATED TERMINATION.........................................................................39
Yield Maintenance Agreement. (a) [Reserved.]
(b) The Depositor hereby directs the Supplemental Interest Trust Trustee to execute and deliver on behalf of the Supplemental Interest Trust the Yield Maintenance Agreement and authorizes the Supplemental Interest Trust Trustee to perform its obligations thereunder on behalf of the Supplemental Interest Trust in accordance with the terms of the Yield Maintenance Agreement. On or before the Closing Date, the Supplemental Interest Trust Trustee shall enter into the Yield Maintenance Agreement on behalf of the Supplemental Interest Trust, with the Yield Maintenance Agreement Counterparty. The Yield Maintenance Agreement shall be held in the Supplemental Interest Trust and be part of the Trust Fund but not part of any REMIC. The Supplemental Interest Trust Trustee shall deposit all amounts received from the Yield Maintenance Agreement Counterparty into the Supplemental Interest Trust Account and distribute such amounts in accordance with Section 5.30 below.
(c) [Reserved.]
(d) The Seller, the Depositor and the Certificateholders by acceptance of their Certificates acknowledge and agree that the Supplemental Interest Trust Trustee shall execute, deliver and perform its obligations under the Yield Maintenance Agreement and shall do so solely in its capacity as Supplemental Interest Trust Trustee of the Supplemental Interest Trust and not in its individual capacity. The Supplemental Interest Trust Trustee is hereby directed to represent and warrant to the Yield Maintenance Agreement Counterparty under the Yield Maintenance Agreement that the beneficial owner for United States federal income tax purposes of payments made under the Yield Maintenance Agreement is a “U.S. person” (as that term is used in section 1.1441-4(a)(3)(ii) of United States Treasury Regulations (the “Regulations”)) for United States federal income tax purposes. Every provision of this Agreement relating to the conduct of affecting the liability of or affording protection to the Paying Agent shall apply to the Supplemental Interest Trust Trustee’s execution of the Yield Maintenance Agreement and the performance of its duties and satisfaction of its obligations thereunder.
(e) [Reserved.]
Yield Maintenance Agreement. The ISDA Master Agreement (including the schedule thereto), dated as of the Closing Date, by and between the Yield Maintenance Provider and the Trust, together with the Confirmation, Ref. No. FXNEC5523, dated the Closing Date, between the Yield Maintenance Provider and the Trust, relating to the Class M-1 Certificates.
Yield Maintenance Agreement. The interest rate cap agreement between the Trust Fund and the Cap Counterparty relating to the Class B-1 Certificates.
