Rate Cap Transaction Re: BNY Reference No. 38376
Dated: September 29, 2006
Rate Cap Transaction
Re: BNY Reference No. 38376
Ladies and Gentlemen:
The purpose of this letter agreement is to confirm the terms and conditions of the rate cap Transaction entered into on the Trade Date specified below (the “Transaction”) between The Bank of New York (“BNY”), a trust company duly organized and existing under the laws of the State of New York and HSBC Bank USA, National Association, not individually, but solely as trustee on behalf of the supplemental interest trust (the “Supplemental Interest Trust”) of the Deutsche ALT-A Securities Mortgage Loan Trust, Series 2006-AR4 (the “Counterparty”). The definitions and provisions contained in the 2000 ISDA Definitions, as published by the International Swaps and Derivatives Association, Inc., are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern.
1.
This Confirmation constitutes a “Confirmation” as referred to in and supplements, forms part of and is subject to, the ISDA Master Agreement dated as of September 29, 2006, as amended and supplemented from time to time (the “Agreement”), between The Bank of New York and Counterparty. All provisions contained in the Agreement govern this Confirmation except as expressly modified below.
2.
The terms of the particular Transaction to which this Confirmation relates are as follows:
Type of Transaction:
Rate Cap
Notional Amount:
With respect to any Calculation Period the amount set forth for such period on Schedule I attached.
Trade Date:
September 22, 2006
Effective Date:
February 25, 2011
Termination Date:
September 25, 2013, subject to adjustment in accordance with the Following Business Day Convention
Fixed Amounts:
Fixed Amount Payer:
Counterparty
Fixed Amount:
USD 850,000.00
Fixed Amount Payment
Date:
September 29, 2006
Floating Amounts:
Floating Rate Payer:
BNY
Cap Rate:
5.185%
Floating Rate Payer
Period End Dates:
The 25th calendar day of each month during the Term of this Transaction, commencing March 25, 2011, and ending on the Termination Date, subject to adjustment in accordance with the Following Business Day Convention.
Floating Rate Payer
Payment Dates:
Early Payment shall be applicable. The Floating Rate Payer Payment Date shall be one (1) Business Day preceding each Floating Rate Payer Period End Date.
Floating Rate Option:
USD-LIBOR-BBA; provided, however, if the Floating Rate Option for a Calculation Period is greater than 5.43% then the Floating Rate Option for such Calculation Period shall be deemed equal to 5.43%.
Floating Amount:
To be determined in accordance with the following formula:
10 * (the excess if any of Floating Rate Option over Cap Rate) * Notional Amount * Floating Rate Day Count Fraction.
Designated Maturity:
One month
Floating Rate Day
Count Fraction:
Actual/360
Reset Dates:
The first day of each Calculation Period
Compounding:
Inapplicable
Additional Terms:
Business Days:
New York
Calculation Agent:
BNY
Account Details and
Settlement Information:
Payments to BNY:
The Bank of New York
Derivative Products Support Department
00 Xxx Xxxx, 00xx Floor
New York, New York 10286
Attention: Xxxxx Xxxxxxx
ABA #000000000
Account #000-0000-000
Reference: Interest Rate Swaps/Caps
Payments to Counterparty:
Xxxxx Fargo Bank, NA
ABA# 000000000
Account Name: SAS Clearing
Account # 3970771416
FFC to: DBALT 2006-AR4,
Cap Account # 00000000
Please confirm that the foregoing correctly sets forth the terms of our agreement by executing this agreement and returning it via facsimile to Derivative Products Support Dept., Attn: Xxxxxx Xxxx/Xxxxx Au-Xxxxx at 000-000-0000/5837. Once we receive this we will send you two original confirmations for execution.
We are very pleased to have executed this Transaction with you and we look forward to completing other transactions with you in the near future.
Very truly yours,
THE BANK OF NEW YORK
By:
/s/ Xxxxx X. Xxxxxxx
Name: Xxxxx X. Xxxxxxx
Title:
Managing Director
Counterparty, acting through its duly authorized signatory, xxxxxx agrees to, accepts and confirms the terms of the foregoing as of the Trade Date.
HSBC BANK USA, NATIONAL ASSOCIATION, NOT INDIVIDUALLY, BUT SOLELY AS TRUSTEE ON BEHALF OF THE SUPPLEMENTAL INTEREST TRUST OF THE DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 2006-AR4
By:
/s/ Xxxxxxxx Xxxxxxx
Name: Xxxxxxxx Xxxxxxx
Title: Vice President
SCHEDULE I
(all dates subject to adjustment in accordance with the Following Business Day Convention)
Accrual Start Date | Accrual End Date | Notional Amount (in USD) |
2/25/2011 | 3/25/2011 | 62,558,487.560 |
3/25/2011 | 4/25/2011 | 60,107,092.430 |
4/25/2011 | 5/25/2011 | 57,751,703.045 |
5/25/2011 | 6/25/2011 | 55,487,177.576 |
6/25/2011 | 7/25/2011 | 53,307,917.643 |
7/25/2011 | 8/25/2011 | 51,213,670.709 |
8/25/2011 | 9/25/2011 | 49,195,325.994 |
9/25/2011 | 10/25/2011 | 47,256,402.983 |
10/25/2011 | 11/25/2011 | 45,393,774.819 |
11/25/2011 | 12/25/2011 | 43,604,443.365 |
12/25/2011 | 1/25/2012 | 41,885,528.164 |
1/25/2012 | 2/25/2012 | 40,234,261.842 |
2/25/2012 | 3/25/2012 | 38,647,985.660 |
3/25/2012 | 4/25/2012 | 37,124,145.256 |
4/25/2012 | 5/25/2012 | 35,660,286.542 |
5/25/2012 | 6/25/2012 | 34,254,051.792 |
6/25/2012 | 7/25/2012 | 32,903,175.846 |
7/25/2012 | 8/25/2012 | 31,605,482.481 |
8/25/2012 | 9/25/2012 | 30,358,880.930 |
9/25/2012 | 10/25/2012 | 29,161,362.516 |
10/25/2012 | 11/25/2012 | 28,010,997.444 |
11/25/2012 | 12/25/2012 | 26,905,931.703 |
12/25/2012 | 1/25/2013 | 25,844,384.095 |
1/25/2013 | 2/25/2013 | 24,824,643.376 |
2/25/2013 | 3/25/2013 | 23,845,065.495 |
3/25/2013 | 4/25/2013 | 22,904,079.848 |
4/25/2013 | 5/25/2013 | 22,000,160.880 |
5/25/2013 | 6/25/2013 | 21,131,850.711 |
6/25/2013 | 7/25/2013 | 20,297,753.790 |
7/25/2013 | 8/25/2013 | 19,496,341.920 |
8/25/2013 | 9/25/2013 | 18,725,735.129 |