Permitted Withdrawals from the Certificate Account Sample Clauses
Permitted Withdrawals from the Certificate Account. (a) The Master Servicer may, from time to time, make withdrawals from the Certificate Account for the following purposes (limited, in the case of Servicer reimbursements, to cases where funds in the respective Custodial P&I Account are not sufficient therefor):
(i) to reimburse the Master Servicer, the Trustee or any Servicer for Periodic Advances made by the Master Servicer or the Trustee pursuant to Section 3.03(a) or any Servicer pursuant to any Servicing Agreement with respect to previous Distribution Dates, such right to reimbursement pursuant to this subclause (i) being limited to amounts received on or in respect of particular Mortgage Loans (including, for this purpose, Liquidation Proceeds, REO Proceeds and proceeds from the purchase, sale, repurchase or substitution of Mortgage Loans pursuant to Sections 2.02, 2.03, 2.06, 3.08 or 9.
01) respecting which any such Periodic Advance was made;
(ii) to reimburse any Servicer, the Master Servicer or the Trustee for any Periodic Advances determined in good faith to have become Nonrecoverable Advances provided, however, that any portion of Nonrecoverable Advances representing Fixed Retained Yield shall be reimbursable only from amounts constituting Fixed Retained Yield and not from the assets of the Trust Estate;
(iii) to reimburse the Master Servicer or any Servicer from Liquidation Proceeds for Liquidation Expenses and for amounts expended by the Master Servicer or any Servicer pursuant hereto or to any Servicing Agreement, respectively, in good faith in connection with the restoration of damaged property or for foreclosure expenses;
(iv) from any Mortgagor payment on account of interest or other recovery (including Net REO Proceeds) with respect to a particular Mortgage Loan, to pay the Master Servicing Fee with respect to such Mortgage Loan to the Master Servicer;
(v) to reimburse the Master Servicer, any Servicer or the Trustee (or, in certain cases, the Seller) for expenses incurred by it (including taxes paid on behalf of the Trust Estate) and recoverable by or reimbursable to it pursuant to Section 3.03(c), 3.03(d) or 6.03 or the second sentence of Section 8.14(a) or pursuant to such Servicer's Servicing Agreement, provided such expenses are "unanticipated" within the meaning of the REMIC Provisions;
(vi) to pay to the Seller or other purchaser with respect to each Mortgage Loan or property acquired in respect thereof that has been repurchased or replaced pursuant to Sections 2.02, 2.03 or 2.06 or...
Permitted Withdrawals from the Certificate Account. The Trustee may, from time to time as provided herein, make withdrawals from the Certificate Account of amounts deposited in said account pursuant to Section 5.05 that are attributable to the Contracts for the following purposes:
a. to make payments in the amounts and in the manner provided for in Section 8.03;
b. to pay to the Company with respect to each Contract or property acquired in respect thereof that has been repurchased or replaced pursuant to Section 3.05, all amounts received thereon and not required to be distributed to Certificateholders as of the date on which the related Scheduled Principal Balance or Repurchase Price is determined;
c. to reimburse the Servicer out of Liquidation Proceeds for Liquidation Expenses incurred by it, to the extent such reimbursement is permitted pursuant to Section 5.08;
d. to withdraw any amount deposited in the Certificate Account that was not required to be deposited therein; or
e. to make any rebates or adjustments deemed necessary by the Servicer pursuant to Section 5.06(d). Since, in connection with withdrawals pursuant to clause (b), the Company's entitlement thereto is limited to collections or other recoveries on the related Contract, the Servicer shall keep and maintain separate accounting, on a Contract by Contract basis, for the purpose of justifying any withdrawal from the Certificate Account pursuant to such clause.
Permitted Withdrawals from the Certificate Account. The Trustee shall withdraw or cause to be withdrawn funds from the Certificate Account for the following purposes:
(a) to effect the distributions described in Section 6.05;
(b) to pay to the Unaffiliated Seller with respect to each Mortgage Loan or property acquired in respect thereof that has been repurchased or replaced pursuant to Section 2.05 or 3.03 or to pay to the Servicer with respect to each Mortgage Loan or property acquired in respect thereof that has been purchased all amounts received thereon and not required to be distributed as of the date on which the related repurchase or purchase price or Principal Balance was determined;
(c) to pay the Servicer any interest earned on or investment income earned with respect to funds in the Certificate Account;
(d) to return to the Collection Account any amount deposited in the Certificate Account that was not required to be deposited therein; and
(e) to clear and terminate the Certificate Account upon termination of the Trust Fund pursuant to Article VIII. The Trustee shall keep and maintain a separate accounting for withdrawals from the Certificate Account pursuant to each of subclauses (a) through (e) listed above.
Permitted Withdrawals from the Certificate Account. Payments. --------
a. The Trustee shall, from time to time as provided herein, make withdrawals from the Certificate Account of amounts deposited in said account pursuant to Section 5.05 that are attributable to the Loans for the following purposes:
(i) to make payments in the amounts and in the manner provided for in Section 8.04(b);
(ii) to pay to the Company with respect to each Loan or property acquired in respect thereof that has been repurchased or replaced pursuant to Section 3.05, all amounts received thereon and not required to be distributed to Certificateholders as of the date on which the related Scheduled Principal Balance or Repurchase Price is determined;
(iii) to reimburse the Servicer out of Liquidation Proceeds for Liquidation Expenses incurred by it and not otherwise reimbursed, to the extent such reimbursement is permitted pursuant to Section 5.08;
(iv) to withdraw any amount deposited in the Certificate Account that was not required to be deposited therein; or
(v) to make any rebates or adjustments deemed necessary by the Servicer pursuant to Section 5.06(d). Since, in connection with withdrawals pursuant to clause (iii), the Company's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain separate accounting, on a Loan by Loan basis, for the purpose of justifying any withdrawal from the Certificate Account pursuant to such clause.
b. On each Payment Date, the Trustee shall apply the Amount Available (as determined on the immediately preceding Determination Date) in the Certificate Account to make payment in the following order of priority:
1. if neither the Company nor a wholly owned subsidiary of the Company is the Servicer, to pay the Monthly Servicing Fee and any other compensation owed to the Servicer pursuant to Section 7.03; 2. to pay the Class A Formula Interest Distribution Amount as follows (and in the following order of priority):
(i) the amount in clause (a)(1) of the definition of Class A Formula Distribution Amount to the Class A-1 ARM Certificateholders; the amount in clause (a)(2) of the definition of Class A Formula Distribution to the Class A-1 Certificateholders; the amount in clause (a)(3) of the definition of Class A Formula Distribution Amount to the Class A-2 Certificateholders; the amount in clause (a)(4) of the definition of Class A Formula Distribution Amount to the Class A-3 Certificateholders; the amount in clause (a)(5) of the definition o...
Permitted Withdrawals from the Certificate Account. The Trustee may, from time to time as provided herein, make withdrawals from the Certificate Account of amounts deposited in said account pursuant to Section 5.05 that are attributable to the Contracts for the following purposes:
Permitted Withdrawals from the Certificate Account. The Trustee may from time to time withdraw funds from the Certificate Account for the following purposes:
(i) to make distributions in the amounts and in the manner provided for in Section 3.05;
(ii) to pay to the Person entitled thereto any amount deposited in the Certificate Account in error;
(iii) to clear and terminate the Certificate Account upon the termination of this Agreement; and
(iv) to pay itself, as additional compensation, the net reinvestment income permitted to be paid to it as provided in Section 3.03(b). On each Distribution Date, the Trustee shall withdraw all funds from the Certificate Account and shall use such funds withdrawn from the Certificate Account only for the purposes described in this Section 3.04 and in Section 3.05.
Permitted Withdrawals from the Certificate Account. The Trustee shall, in accordance with the Master Servicer's written directions (in the case of (a), (b), (d) or (e) below) to the Trustee as described in Section 6.5, withdraw or cause to be withdrawn funds from the Certificate Account for the following purposes:
(a) to effect the distributions described in Section 6.5(a) and 6.5(b);
(b) to pay to or upon the direction of the Transferor with respect to each Mortgage Loan or property acquired in respect thereof that has been repurchased or replaced pursuant to Section 2.4 or 3.3 or to pay to the Master Servicer with respect to each Mortgage Loan or property acquired in respect thereof that has been purchased all amounts received thereon deposited in the Certificate Account that do not constitute property of the Trust Fund;
(c) to pay the Trustee any interest earned on or investment income earned with respect to funds in the Certificate Account;
(d) to return to the Collection Account any amount deposited in the Certificate Account that was not required to be deposited therein; and
(e) to clear and terminate the Certificate Account upon termination of the Trust Fund pursuant to Article VIII. The Trustee shall keep and maintain a separate accounting for withdrawals from the Certificate Account pursuant to each of subclauses (a) through (e) listed above.
Permitted Withdrawals from the Certificate Account. The Trustee may from time to time withdraw funds from the Certificate Account for the following purposes:
(i) to make payments to Certificateholders in the amounts and in the manner provided in Section 3.04;
(ii) to reimburse the Depositor for expenses incurred by and reimbursable to the Depositor with respect to the REMIC pursuant to Section 6.03;
(iii) to pay any taxes imposed upon the REMIC, as provided in Section 3.01(b); and
(iv) to clear and terminate the Certificate Account upon the termination of the Trust Fund.
Permitted Withdrawals from the Certificate Account. The Owner Trustee may from time to time withdraw funds from the Certificate Account for the following purposes:
(i) to make payments on the Owner Trust Certificates in the amounts and in the manner provided for in Section 4.2 hereunder;
(ii) to pay itself any unpaid Owner Trustee Fees, but only to the extent of amounts on deposit in the Certificate Account representing amounts received in respect of the Mortgage Loans;
(iii) to reimburse or indemnify the Owner Trustee for expenses and other liabilities incurred by and reimbursable to the Owner Trustee, pursuant to Section 7.2 hereunder, except as otherwise provided in such section; and
(iv) to clear and terminate the Certificate Account upon the termination of this Deposit Trust Agreement. On each Payment Date, the Owner Trustee shall withdraw all funds from the Certificate Account and shall use such funds withdrawn from the Certificate Account only for the purposes described in this Section 3.2 and Section 4.2 hereunder.
Permitted Withdrawals from the Certificate Account. The Grantor Trust Trustee may from time to time withdraw funds from the Certificate Account for the following purposes:
(i) to make distributions in the amounts and in the manner provided for in Section 3.05;
(ii) to pay to the Person entitled thereto any amount deposited in the Certificate Account in error;
(iii) to clear and terminate the Certificate Account upon the termination of this Agreement; and
(iv) to pay itself, as additional compensation, the net reinvestment income permitted to be paid to it as provided in Section 3.03(b). On each Distribution Date, the Grantor Trust Trustee shall withdraw all funds from the Certificate Account and shall use such funds withdrawn from the Certificate Account only for the purposes described in this Section 3.04 and in Section 3.05.