Common use of Yield Maintenance Agreement Clause in Contracts

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.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (RASC Series 2006-Emx4 Trust), Pooling and Servicing Agreement (RASC Series 2006-Emx2 Trust), Pooling and Servicing Agreement (RAMP Series 2006-Rz2 Trust)

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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 November 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.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (RASC Series 2005-Ks11 Trust), Pooling and Servicing Agreement (RASC Series 2005 EMX4 Trust), Pooling and Servicing Agreement (RASC Series 2005-Ahl3 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 Payments payable by the Yield Maintenance Agreement Provider under to the Yield Maintenance Agreement (including termination payments, if any). All payments received under Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust pursuant to the Yield Maintenance Agreement shall be distributed deposited by the Supplemental Interest Trust Trustee into the Supplemental Interest Trust Account and shall be applied in accordance with the priorities set forth in Section 4.02(c) hereof4.02. (c) In the event that the Yield Maintenance Agreement, or any replacement thereof, terminates prior to the Distribution Date in December 2010June 2011, 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.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (RASC Series 2007-Ks1 Trust), Pooling and Servicing Agreement (RASC Series 2007-Ks1 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 September 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RASC Series 2006-Ks1 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 2010May 2011, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RASC Series 2006-Emx6 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 2010April 2011, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RAMP Series 2006-Rz2 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 2010September 2011, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RASC Series 2006-Emx8 Trust)

Yield Maintenance Agreement. (a) In On 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 AgreementClosing Date, the Grantor Trust Trustee shall enforce shall, for the obligation benefit of the Yield Maintenance Agreement Provider thereunder. The parties hereto acknowledge that Class I-A2A Certificateholders, on behalf of the Yield Maintenance Agreement Provider shall be making all calculationsRALI Grantor Trust I-A, and determine the amounts to be paidSeries 2006-QO9, under enter into the Yield Maintenance Agreement. Absent manifest errorOn the Business Day prior to each Distribution Date from and including the Distribution Date in December 2006 to and including the Distribution Date in August 2009, 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 Grantor Trust Trustee shall deposit or cause to be deposited any amount amounts received under the Yield Maintenance Agreement into the Certificate Account on Yield Maintenance Reserve Fund for the date such amount is received Class I-A2A Certificates. On each Distribution Date from and including the Distribution Date in December 2006 to and including the Distribution Date in August 2009, the Grantor Trust Trustee shall withdraw from the Yield Maintenance Agreement Provider under Reserve Fund for the Class I-A2A Certificates the Yield Maintenance Agreement (including termination payments, if any)Payment for such Distribution Date and distribute such amounts to the Holders of the Class I-A2A Certificates. 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 2010August 2009, the Master Servicer, but at no expense to the Master Servicer, on behalf of the Grantor Trust 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 RALI Grantor Trust Fund I-A, Series 2006-QO9, having substantially similar terms as those set forth in the Yield Maintenance Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RALI Series 2006-Qo9 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 January 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 counterparty to assume the obligations of such terminated yield maintenance agreement provider counterparty or (ii) cause a new yield maintenance agreement provider counterparty to enter into a new yield maintenance agreement with the Trust Fund having substantially similar terms as those set forth in the terminated Yield Maintenance Agreement.. 101

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RAMP Series 2005-Rz1 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 2010August 2011, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RASC Series 2006-Emx7 Trust)

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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 2010February 2011, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RAMP Series 2006-Rz1 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 2010October 2008, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RASC Series 2005-Ahl2 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 2010October 2011, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RASC Series 2006-Emx9 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 October 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RASC Series 2005-Ks10 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 will 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 2010February 2012, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RAMP Series 2006-Rz4 Trust)

Yield Maintenance Agreement. (a) In On 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 AgreementClosing Date, the Grantor Trust Trustee shall enforce shall, for the obligation benefit of the Yield Maintenance Agreement Provider thereunder. The parties hereto acknowledge that the Yield Maintenance Agreement Provider shall be making all calculationsClass I-A2A Certificateholders, and determine the amounts cause RALI Grantor Trust I-A2A to be paid, under enter into the Yield Maintenance Agreement. Absent manifest errorOn the Business Day prior to each Distribution Date from and including the Distribution Date in November 2006 to and including the Distribution Date in July 2009, 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 Grantor Trust Trustee shall deposit or cause to be deposited any amount amounts received under the Yield Maintenance Agreement into the Grantor Trust Certificate Account on for the date such amount is received Class I-A2A Certificates. On each Distribution Date from and including the Distribution Date in November 2006 to and including the Distribution Date in July 2009, the Grantor Trust Trustee shall withdraw from the Yield Maintenance Agreement Provider under Grantor Trust Certificate Account for the Yield Maintenance Agreement (including termination payments, if any). All payments Class I-A2A Certificates any amounts received under the Yield Maintenance Agreement shall be distributed in accordance with for such Distribution Date and distribute such amounts to the priorities set forth in Section 4.02(c) hereofholders of the Class I-A2A Certificates. (cb) In the event that the Yield Maintenance Agreement, or any replacement thereof, terminates prior to the Distribution Date in December 2010July 2009, the Master Servicer, but at no expense to the Master Servicer, on behalf of the Grantor Trust 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 RALI Grantor Trust Fund I-A2A having substantially similar terms as those set forth in the Yield Maintenance Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RALI Series 2006-Qo8 Trust)

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