Rate Cap Transaction Sample Contracts

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Rate Cap Transaction Re: Reference No. 268269CF
Rate Cap Transaction • March 15th, 2006 • First Horizon Asset Sec Mort Pass THR Certs Ser 2006-Fa1 • Asset-backed securities • New York

The purpose of this letter agreement (“Agreement”) is to confirm the terms and conditions of the rate cap Transaction entered into on the Trade Date specified below (the “Transaction”) between IXIS Financial Products Inc. (“IXIS”) and The Bank of New York, not in its individual capacity, but solely in its capacity as Trustee (“the Trustee”) of the Separate Interest Trust created pursuant to the Pooling and Servicing Agreement dated as of February 1, 2006 among First Horizon Asset Securities Inc., as depositor (the “Depositor”), First Horizon Home Loan Corporation as Seller and Master Servicer and The Bank of New York, as Trustee (“the Counterparty”) in connection with the issuance of the First Horizon Alternative Mortgage Securities Trust 2006-FA1 Mortgage Pass-Through Certificates, Series 2006-FA1. This Agreement, which evidences a complete and binding agreement between you and us to enter into the Transaction on the terms set forth below, constitutes a “Confirmation” as referred to i

Rate Cap Transaction Re: BNY Reference No. 39251
Rate Cap Transaction • May 15th, 2007 • Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3 • Asset-backed securities • New York

The purpose of this letter agreement (“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 in its individual capacity, but solely as Supplemental Interest Trust Trustee for the Deutsche Alt-A Securities Mortgage Loan Trust 2007-AR3 (in such capacity, the “Supplemental Interest Trust Trustee” or the “Counterparty”), under the Pooling and Servicing Agreement, dated as of April 1, 2007, among Deutsched ALT-A Securities, Inc.,as Depositor, Wells Fargo Bank, N.A., as Master Servicer and Securities Administrator and HSBC Bank USA, National Association, as Trustee and Supplemental Interest Trust Trustee (the “Pooling and Servicing Agreement”). This Agreement, which evidences a complete and binding agreement between you and us to enter

Dated: July 7, 2006
Rate Cap Transaction • July 21st, 2006 • Hsi Asset Securitization Corp • Asset-backed securities • New York

The purpose of this letter agreement (“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 the Supplemental Interest Trust of the First Franklin Mortgage Loan Trust 2006-FF9 (the “Counterparty”), as represented by Wells Fargo Bank, N.A. not in its individual capacity, but solely as securities administrator (the “Securities Administrator”) of the Supplemental Interest Trust created under the Pooling and Servicing Agreement, dated and effective June 1, 2006, among HSI Asset Securitization Corporation, as depositor (the “Depositor”), the Securities Administrator, Wells Fargo Bank, N.A., in the additional capacities of master servicer and custodian (the “Master Servicer”), National City Home Loan Services, Inc., as servicer (the “Servicer”) of the mortgage loans, First Fra

Rate Cap Transaction Re: ABN AMRO Bank, N.V. Reference No. 3253560
Rate Cap Transaction • August 21st, 2006 • HSI Asset Securitization CORP Trust 2006-Wmc1 • Asset-backed securities • New York

This Agreement is subject to the 2000 ISDA Definitions (the “Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”). You and we have agreed to enter into this Agreement in lieu of negotiating a Schedule to the 1992 ISDA Master Agreement (Multicurrency—Cross Border) form (the “ISDA Form Master Agreement”) but, rather, an ISDA Form Master Agreement, as modified by the Schedule terms in Section 4 of this Confirmation (the “Master Agreement”), shall be deemed to have been executed by you and us on the date we entered into the Transaction. In the event of any inconsistency between the provisions of this Agreement and the Definitions or the ISDA Form Master Agreement, this Agreement shall prevail for purposes of the Transaction. Terms capitalized but not defined herein shall have the meaning attributed to them in the Pooling and Servicing Agreement.

Rate Cap Transaction Re: BNY Reference No. 36619
Rate Cap Transaction • October 24th, 2005 • HASCO Trust 2005-Nc2 • Asset-backed securities • New York

The purpose of this letter agreement ("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 HSI Asset Securitization Corporation Trust 2005-NC2 (the "Trust" or "Counterparty"), as represented by Wells Fargo Bank, N.A. not in its individual capacity, but solely as Securities Administrator (as defined below) of the Trust, pursuant to the Pooling and Servicing Agreement dated as of September 1, 2005 (the "Pooling Agreement") among HSI Asset Securitization Corporation, as depositor (the "Depositor"), JPMorgan Chase Bank National Association, as Servicer, NC Capital Corporation, as Mortgage Loan Seller, Wells Fargo Bank, N.A., as Master Servicer, (in such capacity, the "Master Servicer"), and as Securities Administrator (in such capacity, the "Securities Administrator"). Thi

Rate Cap Transaction Re: Reference No. 268291CF
Rate Cap Transaction • March 15th, 2006 • First Horizon Asset Sec Mort Pass THR Certs Ser 2006-Fa1 • Asset-backed securities • New York

The purpose of this letter agreement (“Agreement”) is to confirm the terms and conditions of the rate cap Transaction entered into on the Trade Date specified below (the “Transaction”) between IXIS Financial Products Inc. (“IXIS”) and The Bank of New York, not in its individual capacity, but solely in its capacity as Trustee (“the Trustee”) of the Separate Interest Trust created pursuant to the Pooling and Servicing Agreement dated as of February 1, 2006 among First Horizon Asset Securities Inc., as depositor (the “Depositor”), First Horizon Home Loan Corporation as Seller and Master Servicer and The Bank of New York, as Trustee (“the Counterparty”) in connection with the issuance of the First Horizon Alternative Mortgage Securities Trust 2006-FA1 Mortgage Pass-Through Certificates, Series 2006-FA1. This Agreement, which evidences a complete and binding agreement between you and us to enter into the Transaction on the terms set forth below, constitutes a “Confirmation” as referred to i

Rate Cap Transaction Re: BNY Reference No. 38682
Rate Cap Transaction • January 16th, 2007 • Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Oa1 • Asset-backed securities • New York

The purpose of this letter agreement (“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 in its individual capacity, but solely as trustee for the Supplemental Interest Trust for Deutsche Bank Alt-A Securities Inc. Mortgage Loan Trust 2006-OA1 (in such capacity, the “Trustee” or the “Counterparty”), under the Pooling and Servicing Agreement, dated as of December 1, 2006, among Deutsche ALT-A Securities, Inc., as Depositor, Wells Fargo Bank, N.A., as Master Servicer, and HSBC Bank USA, National Association, as Trustee (the “Pooling and Servicing Agreement”). This Agreement, which evidences a complete and binding agreement between you and us to enter into the Transaction on the terms set forth below, constitutes a “Confirmation”

Rate Cap Transaction Re: BNY Reference No. 38376
Rate Cap Transaction • October 13th, 2006 • Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar4 • Asset-backed securities

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.

Rate Cap Transaction Re: BNY Reference No. 38487
Rate Cap Transaction • November 15th, 2006 • Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5 • Asset-backed securities • New York

The purpose of this letter agreement (“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 Wells Fargo Bank, N.A., not individually, but solely as Securities Administrator on behalf of the supplemental interest trust (the “Supplemental Interest Trust”) of the Deutsche ALT-A Securities Mortgage Loan Trust, Series 2006-AR5 (the “Counterparty”) under the Pooling and Servicing Agreement, dated as of October among Deutsche Alt-A Securities, Inc., as Depositor, DB Structured Products, Inc., as Sponsor, HSBC Bank USA, National Association as Trustee and Wells Fargo Bank, N.A. as Securities Administrator and Master Servicer (the “Pooling and Servicing Agreement”). This Agreement, which evidences a complete and binding agreement between you and us to enter into the Transaction

Rate Cap Transaction Re: ABN AMRO Bank, N.V. Reference No. 3432446
Rate Cap Transaction • September 19th, 2006 • First Franklin Mortgage Loan Trust 2006-Ff11 • Asset-backed securities • New York

The purpose of this letter agreement (“Agreement”) is to confirm the terms and conditions of the Rate Cap Transaction entered into on the Trade Date specified below (the “Transaction”) between ABN AMRO Bank N.V. (“ABN AMRO”) and the Supplemental Interest Trust of First Franklin Mortgage Loan Trust 2006-FF11 (the “Counterparty”), as represented by Wells Fargo Bank, N.A. not in its individual capacity, but solely as securities administrator ( the “Securities Administrator”) of the Supplemental Interest Trust created pursuant to a Pooling and Servicing Agreement, dated and effective August 1, 2006, among HSI Asset Securitization Corporation, as depositor (the “Depositor”), the Securities Administrator, Wells Fargo Bank, N.A. in the additional capacities of servicer, master servicer and custodian, First Franklin Financial Corporation, as mortgage loan seller, and Deutsche Bank National Trust Company, as trustee (the “Pooling and Servicing Agreement”). This Agreement, which evidences a comp

Rate Cap Transaction Re: BNY Reference No. 38503
Rate Cap Transaction • November 28th, 2006 • HarborView 2006-11 • Asset-backed securities • New York

The purpose of this letter agreement (“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 Wells Fargo Bank, N.A., not in its individual capacity, but solely as trustee for the Harborview Mortgage Loan Trust 2006-11 (in such capacity, the “Trustee” or the “Counterparty”), under the Pooling and Servicing Agreement, dated as of October 1, 2006, among Greenwich Capital Acceptance, Inc., as Depositor, Greenwich Capital Financial Products, Inc., as Sponsor and Seller, and Wells Fargo Bank, N.A., as Trustee (the “Pooling and Servicing Agreement”). This Agreement, which evidences a complete and binding agreement between you and us to enter into the Transaction on the terms set forth below, constitutes a “Confirmation” as referred to in the “ISDA Form Master Agreement” (as def

Rate Cap Transaction
Rate Cap Transaction • July 14th, 2006 • J.P. Morgan Alternative Loan Trust 2006-S3 • Asset-backed securities • New York

The purpose of this letter agreement is to set forth the terms and conditions of the rate cap transaction (the "Interest Rate Transaction") entered into between JPMorgan Chase Bank, N.A. (the “Derivative Provider”) and U.S. Bank National Association, not in its individual capacity, but solely as Trustee on behalf of J.P. Morgan Alternative Loan Trust 2006-S3 (the “Counterparty”) on June 27, 2006. This agreement constitutes a “Confirmation” as referred to in and supplements, forms part of, and is subject to, the ISDA Master Agreement between the parties hereto.

Rate Cap Transaction Re: BNY Reference No. 38693
Rate Cap Transaction • January 9th, 2007 • HarborView 2006-14 • Asset-backed securities • New York

* This rating shall be the higher of the rating by S&P on the related Valuation Date of the long-term debt and short-term debt of Party A or its guarantor or other Credit Support Provider.

Rate Cap Transaction Re: Reference No. 301573CF/301574CF
Rate Cap Transaction • July 14th, 2006 • Lehman Mortgage Trust 2006-3 • Asset-backed securities • New York

This letter agreement (“Agreement”) supersedes an earlier version (dated June 13, 2006, “Re: Reference No. 301573CF/301574CF”) to confirm the terms and conditions of the rate cap Transaction entered into on the Trade Date specified below (the “Transaction”) between IXIS Financial Products Inc. (“IXIS”) and Citibank, N.A., not in its individual capacity, but solely in its capacity as Trustee (together with its successors and assigns, “the Trustee”) of the supplemental interest trust (the “Counterparty” or the “Supplemental Interest Trust”) created pursuant to the Trust Agreement dated as of June 1, 2006 among Structured Asset Securities, as depositor (the “Depositor”), Lehman Brothers Holdings Inc., as Seller, Aurora Loan Services LLC, as Master Servicer and Citibank, as Trustee in connection with the issuance of the Lehman Mortgage Trust Mortgage Pass-Through Certificates, Series 2006-3 (the “Trust”). This Agreement, which evidences a complete and binding agreement between you and us t

Rate Cap Transaction
Rate Cap Transaction • August 11th, 2006 • J.P. Morgan Alternative Loan Trust 2006-A4 • Asset-backed securities • New York

The purpose of this letter agreement is to set forth the terms and conditions of the rate cap transaction (the "Interest Rate Transaction") entered into between JPMorgan Chase Bank, N.A. (the “Derivative Provider”) and Wells Fargo Bank, N.A., not in its individual capacity, but solely as Securities Administrator on behalf of J.P. Morgan Alternative Loan Trust 2006-A4 (the “Counterparty”) on July 26, 2006. This agreement constitutes a “Confirmation” as referred to in and supplements, forms part of, and is subject to, the ISDA Master Agreement between the parties hereto.

Rate Cap Transaction Re: BNY Reference No. 38494
Rate Cap Transaction • November 14th, 2006 • HarborView 2006-Sb1 • Asset-backed securities • New York

The purpose of this letter agreement (“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 Deutsche Bank National Trust Company, not in its individual capacity, but solely as administrator (in such capacity, the “Administrator”) under the Yield Maintenance Allocation Agreement (the “Yield Maintenance Allocation Agreement”) dated as of October 31, 2006, among the Administrator, Greenwich Capital Financial Products, Inc. (“GCFP”) and Deutsche Bank National Trust Company, not in its individual capacity, but solely as trustee ( the “Trustee”) under the Pooling and Servicing Agreement, dated as of October 31, 2006, among Greenwich Capital Acceptance, Inc., as depositor (the “Depositor”), GCFP, as seller (the “Seller”) and the Trustee (the “Pooling and Servicing Agreement”).

Rate Cap Transaction Re: BNY Reference No. 37558
Rate Cap Transaction • April 13th, 2006 • Harborview 2006-2 • Asset-backed securities • New York

The purpose of this letter agreement (“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 Wells Fargo Bank, N.A., not in its individual capacity, but solely as securities administrator (in such capacity, the “Securities Administrator”) under the Pooling and Servicing Agreement, dated as of March 1, 2006, among Greenwich Capital Acceptance Inc., as depositor (the “Depositor”), Greenwich Capital Financial Products, Inc., as seller (the “Seller”), Deutsche Bank National Trust Company, as trustee (the “Trustee”) and the Securities Administrator (the “Pooling and Servicing Agreement”). Harborview Mortgage Loan Trust 2006-2 (the “Issuing Entity”) is referred to herein as the “Counterparty”. This Agreement, which evidences a complete and binding agreement between you and us

Rate Cap Transaction Re: ABN AMRO Bank, N.V. Reference No. 2440376
Rate Cap Transaction • May 19th, 2006 • First Franklin Mortgage Loan Trust 2006-Ff5 • Asset-backed securities • New York

The purpose of this letter agreement (“Agreement”) is to confirm the terms and conditions of the Rate Cap Transaction entered into on the Trade Date specified below (the “Transaction”) between ABN AMRO Bank, N.V. (“ABN AMRO”) and the Supplemental Interest Trust of First Franklin Mortgage Loan Trust 2006-FF5 (the “Counterparty”), as represented by Wells Fargo Bank, N.A. not in its individual capacity, but solely as securities administrator ( the “Securities Administrator”) of the Supplemental Interest Trust created under the Pooling and Servicing Agreement, dated and effective April 1, 2006, among HSI Asset Securitization Corporation, as depositor (the “Depositor”), the Securities Administrator, Wells Fargo Bank, N.A. in the additional capacities of master servicer and custodian, First Franklin Financial Corporation, as mortgage loan seller, National City Home Loan Services, Inc., as servicer of the mortgage loans, and Deutsche Bank National Trust Company, as trustee (the “Pooling and S

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