SWISS RE FINANCIAL PRODUCTS CORPORATION New York, New York 10055 Fax: (917) 322-7201/Phone: (212) 407-7322
SWISS
RE FINANCIAL PRODUCTS CORPORATION
00
Xxxx
00xx
Xxxxxx
Xxx
Xxxx,
Xxx Xxxx 00000
Fax:
(000) 000-0000/Phone: (000) 000-0000
DATE:
|
August
31, 2007
|
|
TO:
|
Supplemental
Interest Trust,
Xxxxxx
XS Trust Mortgage Pass-Through Certificates, Series 2007-16N
c/o
U.S. Bank, National Association
Xxx
Xxxxxxx Xxxxxx, 0xx Xxxxx
Xxxxxx,
XX 00000
("Party B")
|
|
FROM:
|
Swiss
Re Financial Products Corporation (“Party A”)
|
|
RE:
|
Interest
Rate Cap Transaction
|
Dear
Sir
or Madam:
The
purpose of this letter agreement (this “Confirmation”) is to confirm the terms
and conditions of the transaction entered into between us on the Trade Date
specified below (the “Transaction”).
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.
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 August
31, 2007, as amended and supplemented from time to time (the “Agreement”)
between Party A and Party B. All provisions contained in the Agreement govern
this Confirmation except as expressly modified below.
1. |
The
Cap Transaction to which this Confirmation relates is a Rate Swap
Transaction, the terms of which are as
follow:
|
General
Terms
|
|||
Trade
Date:
|
August
28, 2007
|
||
Effective
Date:
|
August
25, 2010
|
||
Termination
Date:
|
August
25, 2012, subject to adjustment in accordance with the Following
Business
Day Convention
|
||
Notional
Amount:
|
See
Amortization Schedule, Schedule A
|
||
Fixed
Amounts:
|
|||
Fixed
Rate Payer:
|
Party
B
|
||
Fixed
Rate Payer Payment Dates:
|
August
31, 2007, subject to adjustment in accordance with the Following
Business
Day Convention.
|
||
Fixed
Amount:
|
USD
65,870; Xxxxxx Brothers Holdings Inc. (on behalf of Party B) shall
pay to
Party A the Fixed Amount on or prior to August 31, 2007. This Upfront
Payment and the payment due on the same date under confirmation Ref.
No.
1864746 (each between Party A and Party B) is reflected in the net
amount
of USD 1,499,130 payable to Xxxxxx Brothers Holdings Inc. (for the
benefit
of Party B) on the same date as reflected herein.
|
||
Floating
Amounts:
|
|||
Floating
Rate Payer:
|
Party
A
|
||
Floating
Rate Payer Period End Dates:
|
The
25th
day of each month of each year, commencing on September 25, 2010
to and
including the Termination Date, subject to adjustment in accordance
with
the Following Business Day Convention.
|
||
Floating
Rate Payer Payment Dates:
|
Early
Payment, one (1) Business Day preceding each Floating Rate Payer
Period
End Date.
|
||
Cap
Rate:
|
With
respect to each Calculation Period, as set out in Schedule A attached
hereto.
|
||
Floating
Rate Option:
|
USD-LIBOR-BBA
|
||
Designated
Maturity:
|
One
month
|
||
Spread:
|
None
|
||
Floating
Rate Day Count Fraction:
|
Actual/360
|
2
Reset
Dates:
|
The
first day of each Calculation Period.
|
||
Compounding:
|
Inapplicable
|
||
Business
Day:
|
Any
day other than (i) a Saturday or a Sunday, or (ii) a day on which
banking
institutions in (1) the city in which the Corporate Trust Office
of Party
B is located or (2) the States of New York, Colorado or Illinois
are
closed.
|
||
2.
|
Procedural
Terms:
|
||
Calculation
Agent:
|
Party
A
|
||
Offices:
|
The
Office of Party A for the Swap Transaction is New York
|
||
Account
Details:
|
|||
Payments
to Party A:
|
JPMorgan
Chase Bank
SWIFT:
XXXXXX00
Account
of: Swiss Re Financial Products
Account
No.: 066-911184
ABA#
000000000
|
||
Payments
to Party B:
|
U.S.
Bank Corporate Trust Services
ABA#
000-000-000
DDA#
000-000-000-000
Ref:
LXS 2007-16N, Group 2 Interest Rate Cap Account
Attn:
X. Xxxxxx
|
3
Please
confirm that the foregoing correctly sets forth the terms and conditions of
our
agreement by executing this Confirmation and returning it to us by facsimile
to:
Swiss
Re Financial Products Corporation
Attention: Derivatives Documentation
Fax: (000) 000-0000 Phone: (000) 000-0000
Attention: Derivatives Documentation
Fax: (000) 000-0000 Phone: (000) 000-0000
SWISS
RE FINANCIAL PRODUCTS CORPORATION
By:
Authorized
Signatory
Accepted
and confirmed as of the Trade Date written above:
U.S.
BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE
ON BEHALF OF THE TRUST, LEXHMAN
XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2007-16N
By:
Name:
Title:
4
SCHEDULE
A to
the
Confirmation dated as of August 31, 2007,
Re:
Reference Number 1864820
Amortization
Schedule, subject
to adjustment in accordance with the Following Business Day
Convention
From
and including
|
To
but excluding
|
Notional
Amount (USD)
|
Cap
Rate
|
|||||||
8/25/2010
|
9/25/2010
|
6,637,642.00
|
6.75
|
%
|
||||||
9/25/2010
|
10/25/2010
|
6,315,058.00
|
6.75
|
%
|
||||||
10/25/2010
|
11/25/2010
|
6,008,152.00
|
6.75
|
%
|
||||||
11/25/2010
|
12/25/2010
|
5,716,161.00
|
6.75
|
%
|
||||||
12/25/2010
|
1/25/2011
|
5,438,361.00
|
6.75
|
%
|
||||||
1/25/2011
|
2/25/2011
|
5,174,062.00
|
6.75
|
%
|
||||||
2/25/2011
|
3/25/2011
|
4,922,607.00
|
6.75
|
%
|
||||||
3/25/2011
|
4/25/2011
|
4,683,373.00
|
6.75
|
%
|
||||||
4/25/2011
|
5/25/2011
|
4,455,765.00
|
6.75
|
%
|
||||||
5/25/2011
|
6/25/2011
|
4,239,219.00
|
6.75
|
%
|
||||||
6/25/2011
|
7/25/2011
|
4,033,196.00
|
6.75
|
%
|
||||||
7/25/2011
|
8/25/2011
|
3,837,187.00
|
6.75
|
%
|
||||||
8/25/2011
|
9/25/2011
|
3,650,703.00
|
6.75
|
%
|
||||||
9/25/2011
|
10/25/2011
|
3,473,282.00
|
6.75
|
%
|
||||||
10/25/2011
|
11/25/2011
|
3,304,484.00
|
6.75
|
%
|
||||||
11/25/2011
|
12/25/2011
|
3,143,889.00
|
6.75
|
%
|
||||||
12/25/2011
|
1/25/2012
|
50,887,301.00
|
6.75
|
%
|
||||||
1/25/2012
|
2/25/2012
|
47,566,159.00
|
6.75
|
%
|
||||||
2/25/2012
|
3/25/2012
|
43,624,273.00
|
6.75
|
%
|
||||||
3/25/2012
|
4/25/2012
|
39,491,439.00
|
6.75
|
%
|
||||||
4/25/2012
|
5/25/2012
|
35,873,819.00
|
6.75
|
%
|
||||||
5/25/2012
|
6/25/2012
|
37,978,106.00
|
6.75
|
%
|
||||||
6/25/2012
|
7/25/2012
|
31,022,653.00
|
6.75
|
%
|
||||||
7/25/2012
|
8/25/2012
|
18,825,112.00
|
6.75
|
%
|
5