Common use of Advances Clause in Contracts

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 16 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2001-1), Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificatess Series 2002 Bc1), Pooling and Servicing Agreement (Bear Stearns Asset Bk Sec Inc Asset Bk Cer Ser 1999-2)

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Advances. Subject (a) The Servicer shall make a payment with respect to each Receivable (other than an Administrative Receivable, a Warranty Receivable or a Liquidated Receivable) (each, an “Advance”) equal to the conditions excess if any, of this Article IV(x) the product of the Principal Balance of such Receivable as of the first day of the related Collection Period and one-twelfth of its APR (calculated on the basis of a 360-day year comprised of twelve 30-day months), over (y) the Master Servicerinterest actually received by the Servicer with respect to such Receivable from the Obligor or from payments of the Administrative Purchase Payment or the Warranty Purchase Payment, as required belowthe case may be, shall make an Advance and deposit during such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available fundsCollection Period. The Master Servicer shall will not be obligated to make any such an Advance only in respect of a Receivable (other than an Advance in respect of an interest shortfall arising from the Prepayment of a Receivable) to the extent that such advance would not be the Servicer, in its sole discretion, shall determine that the Advance constitutes a Nonrecoverable Advance. If With respect to each Receivable, the Master Advance shall increase the Outstanding Advances. No Advances will be made with respect to the Principal Balance of the Receivables. The Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of deposit all such Advance would constitute a Nonrecoverable Advance, Advances into the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Collection Account in immediately available funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business 5:00 p.m., New York City time, on the Business Day immediately preceding the related Distribution Date on which such funds are required to be distributed pursuant to this AgreementDate. The Master Servicer shall be entitled to be reimbursed from To the Certificate Account for all Advances of its own funds made pursuant to this Section as provided extent that the amount set forth in Section 3.08. The obligation to make Advances clause (y) above with respect to a Receivable is greater than the amount set forth in clause (x) above with respect thereto, such amount shall be distributed to the Servicer pursuant to Section 5.06; provided, however, that, notwithstanding anything else herein, the Servicer shall not be reimbursed for any Mortgage Loan shall continue until such Mortgage Loan is paid amounts representing an Advance, or any portion thereof, made in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) respect of an interest shortfall arising from the Trust Fund pursuant to any applicable provision Prepayment of this Agreement, except as otherwise provided in this Section 4.01a Receivable.

Appears in 15 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 14 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Fr1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC Trust 2006-Ec1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He6)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific Standard time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee or the Paying Agent for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee or the Paying Agent an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 13 contracts

Samples: Pooling and Servicing Agreement (Chase Funding Trust, Series 2004-2), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 13 contracts

Samples: Custodial Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-He10), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC 2004-He4)

Advances. Subject (a) The Servicer shall make a payment with respect to each Receivable (other than an Administrative Receivable, a Warranty Receivable or a Liquidated Receivable) (each, an "Advance") equal to the conditions excess if any, of this Article IV(x) the product of the Principal Balance of such Receivable as of the first day of the related Collection Period and one-twelfth of its APR (calculated on the basis of a 360-day year comprised of twelve 30-day months), over (y) the Master Servicerinterest actually received by the Servicer with respect to such Receivable from the Obligor or from payments of the Administrative Purchase Payment or the Warranty Purchase Payment, as required belowthe case may be, shall make an Advance and deposit during such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available fundsCollection Period. The Master Servicer shall will not be obligated to make any such an Advance only in respect of a Receivable (other than an Advance in respect of an interest shortfall arising from the Prepayment of a Receivable) to the extent that such advance would not be the Servicer, in its sole discretion, shall determine that the Advance constitutes a Nonrecoverable Advance. If With respect to each Receivable, the Master Advance shall increase the Outstanding Advances. No Advances will be made with respect to the Principal Balance of the Receivables. The Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of deposit all such Advance would constitute a Nonrecoverable Advance, Advances into the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Collection Account in immediately available funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business 5:00 p.m., New York City time, on the Business Day immediately preceding the related Distribution Date on which such funds are required to be distributed pursuant to this AgreementDate. The Master Servicer shall be entitled to be reimbursed from To the Certificate Account for all Advances of its own funds made pursuant to this Section as provided extent that the amount set forth in Section 3.08. The obligation to make Advances clause (y) above with respect to a Receivable is greater than the amount set forth in clause (x) above with respect thereto, such amount shall be distributed to the Servicer pursuant to Section 5.06; provided, however, that, notwithstanding anything else herein, the Servicer shall not be reimbursed for any Mortgage Loan shall continue until such Mortgage Loan is paid amounts representing an Advance, or any portion thereof, made in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) respect of an interest shortfall arising from the Trust Fund pursuant to any applicable provision Prepayment of this Agreement, except as otherwise provided in this Section 4.01a Receivable.

Appears in 12 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2003-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, The EMC Servicer shall make an Advance and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Central time on the Master related Servicer Advance Remittance Date in immediately available funds. The Master EMC Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master EMC Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master EMC Servicer shall deliver to the Master Servicer (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master EMC Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master EMC Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Master Servicer Collection Account. Any funds so applied and transferred shall be replaced by the Master EMC Servicer by deposit in the Certificate Protected Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant remitted to this Agreementthe Master Servicer for deposit into the Master Servicer Collection Account. The Master EMC Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. 1.08 of this Exhibit K. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this the Agreement, except as otherwise provided in this Section 4.012.01.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset-Backed Certificates Series 2004-Sd1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2004-Sd2)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 2:00 p.m. Pacific New York City time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan for a first lien Mortgage when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2006-Ab3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Ab1), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust, Series 2007-Ab1)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ec1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He5), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Pc1)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Certs Ser 2003-Ac7), Pooling and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Asset Bk Cert Ser 03 Ac2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Certs Series 2003-Ac6)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Ac7), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Ac6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Ac4)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency the NIMs Insurer and the Trustee Master Servicer an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or full, (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, or (iii) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2005-3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Ownit Series 2005-2)

Advances. Subject Except with respect to any Simple Interest Loans, for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act or similar state laws and for which the related Servicer was required to make an Advance pursuant to the conditions of this Article IVrelated Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer, as required below, shall Servicer will make an Advance and in an amount equal to such deficiency for deposit such Advance in into the Certificate Master Servicer Collection Account or the Distribution Account, as applicable. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account or the Distribution Account, as appropriate, no later than 1:00 p.m. Pacific Central time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Master Servicer Collection Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Master Servicer Collection Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.05. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer to make an Advance pursuant to this Section 5.01, then the EMC Servicer, as Successor Master Servicer, shall be obligated to make such Advance, and if the EMC Servicer, as Successor Master Servicer, fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2004-Sd3)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01. The Master Servicer shall discontinue making Advances with respect to any Mortgage Loan that becomes 90 days Delinquent. In addition the Master Servicer shall charge off a Mortgage Loan at the time such Mortgage Loan becomes 180 days Delinquent. Once a Mortgage Loan is charged off, the Master Servicer shall not be entitled to any additional Servicing Fee for such Mortgage Loan, except to the extent of any unpaid Servicing Fees and expenses which will be reimbursable from any recoveries on such Mortgage Loan, and the Mortgage Loan shall be treated as a Liquidated Mortgage Loan giving rise to a Realized Loss. If the Master Servicer determines that a significant net recovery is possible through foreclosure proceedings or other liquidation of the related mortgaged property on a Mortgage Loan that becomes 90 days Delinquent, the Master Servicer may continue making advances on such Mortgage Loan.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Saco I Trust, 2005-Wm1), Pooling and Servicing Agreement (Saco I Trust, 2005-Wm3)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Certificate Account no later than 1:00 2:30 p.m. Pacific time Eastern time, but in any case no later than 4:00 p.m. Eastern time, on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2007-Ff2), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2007-Ff1)

Advances. Subject If the Monthly Payment on a Loan or a portion thereof is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or application of the Relief Act, and the related Servicer fails to make an advance of the delinquent amount pursuant to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advancerelated Servicing Agreement, the Master Servicer shall deliver (i) to deposit in the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceDistribution Account, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own fundsfunds or from amounts on deposit in the Distribution Account that are held for future distribution, not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such delinquency, net of the Servicing Fee and Master Servicing Fee for such Loan except to the extent the Master Servicer may (i) cause determines any such advance to be made an appropriate entry nonrecoverable from Liquidation Proceeds, Insurance Proceeds, or future payments on the Loan for which such Advance was made. Any amounts held for future distribution and so used shall be appropriately reflected in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance Servicer’s records and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Distribution Account no later on or before any future Distribution Account Deposit Date to the extent that related Available Distribution Amount (determined without regard to Advances to be made on the related Distribution Account Deposit Date) shall be less than the close total amount that would be distributed to the related Classes of business Certificateholders pursuant to Section 4.1 on the Business Day immediately preceding the such Distribution Date on which if such funds are required amounts held for future distributions had not been so used to be distributed pursuant make Advances. Subject to this Agreement. The the foregoing, the Master Servicer shall be entitled continue to be reimbursed from make such Advances through the Certificate Account for all Advances of date that the related Servicer is required to do so under its own funds made Servicing Agreement. In the event the Master Servicer elects not to make an Advance because the Master Servicer deems such Advance nonrecoverable pursuant to this Section as provided in Section 3.08. The obligation 4.7, on the related Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make Advances with respect an Advance in a stated amount and (ii) detailing the reason it deems the advance to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01be nonrecoverable.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc), Pooling and Servicing Agreement (Deutsche Mortgage Securities Inc), Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-Ab1)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific New York City time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIM Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors, Inc. Series 2005-Bc1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Asset Back Certs Ser 2004-Bc2), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders and the Certificate Insurer funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency Agency, the Certificate Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Fr2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Fr3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-He9)

Advances. If any Monthly Payment on a Mortgage Loan (other than Balloon Payments) that was due on the immediately preceding Due Date and delinquent on the Determination Date is delinquent other than as a result of application of the Relief Act, the Master Servicer will deposit in the Collection Account not later than the third Business Day immediately preceding the related Payment Date an amount equal to such Monthly Payment net of the related Servicing Fee and Radian PMI Policy Fee for such Mortgage Loan, except to the extent the Master Servicer or the related Subservicer determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on any Mortgage Loan. Subject to the conditions foregoing and in the absence of this Article IVsuch a determination, the Master Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Master Servicer, as required belowbeen completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Master Servicer shall present an Officer's Certificate to the Indenture Trustee with respect to the Mortgage Loans, (i) stating that the Master Servicer elects not to make an Advance in a stated amount and deposit such Advance in (ii) detailing the Certificate Account. Each such Advance shall be remitted reason it deems the advance to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the The Master Servicer shall have determined that will include in the Remittance Report a list of each Mortgage Loan for which it has made a Nonrecoverable does not make an Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determinationin accordance with this Section. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Such Advances may (i) cause to be made an appropriate entry in its records relating to whole or in part from funds in the Certificate Collection Account that any Amount Held being held for Future Distributions has been used by the Master Servicer future distribution or withdrawal on or in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Accountconnection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so applied and transferred used shall be replaced by the Master Servicer from its own funds by deposit in the Certificate Collection Account no later than on or before the close of business on the fourth Business Day immediately preceding any Payment Date to the Distribution extent that funds in the Collection Account with respect to such Payment Date on which such funds are shall be less than payments to Securityholders required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until on such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01date.

Appears in 5 contracts

Samples: Servicing Agreement (Impac CMB Trust Series 2002-4f), Servicing Agreement (Imh Assets Corp), Servicing Agreement (Imh Assets Corp)

Advances. Subject (a) Unless otherwise specified in the applicable Series Supplement, an Administrative Agent appointed pursuant to the conditions Series Supplement shall have no obligation to make Advances (as defined below) with respect to the Term Assets or in favor of the Holders of any Series (or Class within such Series) of Certificates. However, as and to the extent provided in the Series Supplement for a given Series, and subject to the terms of paragraphs (b) and (c) of this Article IVSection 4.3, the Master Serviceron or prior to each Distribution Date, as required below, such Administrative Agent shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall advance or cause to be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date advanced in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) funds to the Trustee for deposit in the benefit Certificate Account for such Series an advance (each, an "Advance") in an amount equal, unless otherwise specified in the related Series Supplement, to the aggregate of distributions of principal, premium (if any) and interest due on the Certificateholders funds constituting Term Assets for such Series (or Class) during the related Collection Period, to the extent remaining portion unpaid at the time of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge satisfaction of its obligation to make any such Advance and Advances, the Administrative Agent shall make such Advances from either (i) its own funds or (ii) transfer such funds from the Certificate Account with respect to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by Term Assets for such Series or Class on deposit in the Certificate Account no later for such Series, if any, that do not constitute Available Funds with respect to such Distribution Date; provided, however, that, to the extent the Administrative Agent shall have made Advances from funds on deposit in the applicable Certificate Account, the Administrative Agent shall immediately deposit funds equal to the aggregate amount of such Advances into such Certificate Account on any subsequent Distribution Date to the extent that amounts on deposit in such Certificate Account on such Distribution Date are less than the close amount of business on the Business Day immediately preceding the Distribution Date on which such funds are distributions required to be distributed made on such Distribution Date pursuant to this AgreementSection 4.1 and the related Series Supplement. The Master Servicer shall be entitled to be reimbursed Administrative Agent may recover Advances from late collections received by the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances Trustee on the applicable Term Assets, proceeds from any applicable Credit Support, if any, and Liquidation Proceeds with respect to any Mortgage Loan shall continue until the Term Assets for such Mortgage Loan is paid Series or Class, as specified in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant Series Supplement, as to which any applicable provision of this Agreement, except as otherwise provided in this Section 4.01such unreimbursed Advance was made.

Appears in 5 contracts

Samples: Trust Agreement (Structured Products Corp), Section Agreement (Structured Products Corp), Trust Agreement (Structured Products Corp)

Advances. Subject (a) From time to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only (or the Trustee or the Special Servicer, to the extent that such advance would not be a Nonrecoverable Advance. If provided in the Master Servicer Lead Securitization Servicing Agreement) shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) make Servicing Advances with respect to the Trustee for Mortgage Loan, subject to the benefit terms of the Certificateholders funds constituting the remaining portion of such Advance, if applicableLead Securitization Servicing Agreement and this Agreement, and (ii) make P&I Advances on the Lead Securitization Note, if and to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit extent provided in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to Lead Securitization Servicing Agreement and this Agreement. The Master Servicer, the Special Servicer and the Trustee, as applicable, shall be entitled to reimbursement for a Servicing Advance, first from funds on deposit in the Collection Account for the Mortgage Loan that (in any case) represent amounts received on or in respect of the Mortgage Loan, and then, in the case of Nonrecoverable Servicing Advances, if funds on deposit in the Collection Account are insufficient and after allocation of such amounts first to the Note B Holder, from general collections of each Non-Lead Securitization, in respect of the related Non-Lead Note’s pro rata share of such nonrecoverable amounts allocated to Note A. The Master Servicer, the Special Servicer and the Trustee, as applicable, shall be entitled to reimbursement for Advance Interest on a Servicing Advance (including any Nonrecoverable Advance), pursuant to Section 3. Notwithstanding the foregoing, to the extent funds are not available pursuant to Section 3, and the Master Servicer, the Special Servicer or the Trustee, as applicable, obtains funds from general collections of the Lead Securitization as a reimbursement for a Nonrecoverable Advance or any Advance Interest on a Servicing Advance (including any Nonrecoverable Advance), each Non-Lead Note Holder (including any Securitization Trust into which a Non-Lead Note is deposited) other than the Note B Holder shall be required to, promptly following notice from the Master Servicer, reimburse the Lead Securitization for its pro rata share of such Nonrecoverable Advance or Advance Interest. In addition, each Non-Lead Note Holder (including, but not limited to, any Non-Lead Securitization trust into which such Non-Lead Note is deposited) other than the Note B Holders, shall be required to, promptly following notice from the Master Servicer, the Special Servicer or the Trustee, pay or reimburse the Lead Securitization for such Non-Lead Note Holder’s pro rata share of the portion allocated to Note A of any fees, costs or expenses incurred in connection with the servicing and administration of the Mortgage Loan as to which the Master Servicer, the Special Servicer, the Certificate Administrator, the Trustee, the Depositor or CREFC® , as applicable, is entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided the Lead Securitization Servicing Agreement and any costs, fees and expenses related to obtaining any Rating Agency Confirmation, to the extent amounts on deposit in Section 3.08. The obligation the Collection Account are insufficient for reimbursement of such amounts and after allocation of such amounts first to make Advances Note B. In addition to the reimbursement obligations with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid Advances (and Advance Interest) otherwise provided for in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except each Non-Lead Note Holder agrees to indemnify (as otherwise provided and to the same extent the Lead Securitization Trust is required to indemnify each of the following parties pursuant to the terms of the Lead Securitization Servicing Agreement) each of the Master Servicer, the Special Servicer, the Certificate Administrator, the Trustee and the Depositor (and any director, officer, employee or agent of any of the foregoing, to the extent such parties are identified as indemnified parties in this Section 4.01the Lead Securitization Servicing Agreement) (the “Indemnified Parties”) against any claims, losses, penalties, fines, forfeitures, legal fees and related costs, judgments and any other costs, liabilities, fees and expenses incurred in connection with the servicing and administration of the Mortgage Loan and the Mortgaged Property under the Lead Securitization Servicing Agreement (collectively, the “Indemnified Items”) to the extent of its pro rata share of the portion allocated to the Note A of such Indemnified Items, and to the extent amounts on deposit in the Collection Account are insufficient for reimbursement of such amounts and after allocation of such amounts first to Note B, the related Non-Lead Note Holder shall be required to, promptly following notice from the Master Servicer, the Special Servicer, the Certificate Administrator or the Trustee, reimburse each of the applicable Indemnified Parties for such pro rata share (including, if a Non-Lead Note has been included in a Non-Lead Securitization, from general collections or any other amounts from the related Non-Lead Securitization trust).

Appears in 5 contracts

Samples: Co Lender Agreement (Bank 2019-Bnk17), Co Lender Agreement (CSAIL 2019-C17 Commercial Mortgage Trust), Co Lender Agreement (Bank 2019-Bnk18)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Certificate Account no later than 1:00 2:30 p.m. Pacific time Eastern time, but in any case no later than 4:00 p.m. Eastern time, on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency Agency, the NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-Ar1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Rm2), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Mln1)

Advances. Subject Except with respect to any Simple Interest Loans, for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act or similar state laws and for which the related Servicer was required to make an Advance pursuant to the conditions of this Article IVrelated Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer, as required below, shall Servicer will make an Advance and in an amount equal to such deficiency for deposit such Advance in into the Certificate Master Servicer Collection Account or the Distribution Account, as applicable. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account or the Distribution Account, as appropriate, no later than 1:00 p.m. Pacific Central time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Master Servicer Collection Account that any Amount Held for Future Distributions with respect to a Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Master Servicer Collection Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.05. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer to make an Advance pursuant to this Section 5.01, then the EMC Servicer, as Successor Master Servicer, shall be obligated to make such Advance, and if the EMC Servicer, as Successor Master Servicer, fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bears Stearns Asset Backed Securities Trust 2005-Sd2), Pooling and Servicing Agreement (Bears Stearns Asset Backed Securities Trust 2005-Sd2), Pooling and Servicing Agreement (Bsabs 20005-Sd1)

Advances. Subject If the Monthly Payment on a Loan or a portion thereof is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or application of the Relief Act, and the related Servicer fails to make an advance of the delinquent amount pursuant to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advancerelated Servicing Agreement, the Master Servicer shall deliver (i) to deposit in the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceDistribution Account, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own fundsfunds or from amounts on deposit in the Distribution Account that are held for future distribution, not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such delinquency, net of the Servicing Fee and Master Servicing Fee for such Loan except to the extent the Master Servicer may (i) cause determines any such advance to be made an appropriate entry nonrecoverable from Liquidation Proceeds, Insurance Proceeds, or future payments on the Loan for which such Advance was made. Any amounts held for future distribution and so used shall be appropriately reflected in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance Servicer’s records and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Distribution Account no later on or before any future Distribution Account Deposit Date to the extent that related Available Distribution Amount (determined without regard to Advances to be made on the related Distribution Account Deposit Date) shall be less than the close total amount that would be distributed to the related Classes of business Certificateholders pursuant to Section 4.1 on the Business Day immediately preceding the such Distribution Date on which if such funds are required amounts held for future distributions had not been so used to be distributed pursuant make Advances. Subject to this Agreement. The the foregoing, the Master Servicer shall be entitled continue to be reimbursed from make such Advances through the Certificate Account for all Advances of date that the related Servicer is required to do so under its own funds made Servicing Agreement. In the event the Master Servicer elects not to make an Advance because the Master Servicer deems such Advance nonrecoverable pursuant to this Section as provided in Section 3.08. The obligation 4.7 on the related Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make Advances with respect an Advance in a stated amount and (ii) detailing the reason it deems the advance to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01be nonrecoverable.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-3), Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-4), Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-Ar1)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Certificate Account no later than 1:00 2:30 p.m. Pacific time Eastern time, but in any case no later than 4:00 p.m. Eastern time, on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3), Pooling and Servicing Agreement (Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-H1), Pooling and Servicing Agreement (Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-5)

Advances. Subject If the Monthly Payment on a Mortgage Loan that was due on a related Due Date and is Delinquent other than as a result of application of the Relief Act and for which the applicable Servicer was required to make an advance pursuant to this Agreement exceeds the conditions of this Article IVamount deposited in the Master Servicer Collection Account that will be used for a Advance with respect to such Mortgage Loan, the Master Servicer, as required below, shall make an Advance and Servicer will deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Collection Account not later than the Distribution Account Deposit Date in immediately available funds. The preceding the related Distribution Date an amount equal to such deficiency, net of the Servicing Fee for such Mortgage Loan, except to the extent the Master Servicer shall be obligated to make determines any such Advance only to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the extent that Mortgage Loan for which such advance would not be a Nonrecoverable AdvanceAdvance was made. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion not deposited the amount described above as of such Advance would constitute a Nonrecoverable Advancethe related Distribution Account Deposit Date, the Trustee will, subject to applicable law and its determination of recoverability, deposit in the Master Servicer Collection Account not later than the related Distribution Date, an amount equal to the remaining deficiency as of the Distribution Account Deposit Date. Subject to the foregoing, the Master Servicer shall deliver continue to make such Advances through the date that the applicable Servicer is required to do so under the Applicable Servicing Agreement. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer's Certificate to the Securities Administrator (i) stating that the Master Servicer elects not to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, make a Advance in a stated amount and (ii) to detailing the Depositor, each Rating Agency and reason it deems the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause advance to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01nonrecoverable.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar2), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Certificate Account no later than 1:00 2:30 p.m. Pacific time EST, but in any case no later than 4:00 p.m. EST, on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency Agency, the NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-He4), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-He6), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-Fm1)

Advances. If any Monthly Payment (together with any advances from the Subservicers) on a Mortgage Loan that was due on the immediately preceding Due Date and delinquent on the Determination Date is delinquent other than as a result of application of the Relief Act, the Servicer will deposit in the Collection Account not later than the Servicer Remittance Date immediately preceding the related Distribution Date an amount equal to such deficiency net of the related Servicing Fee for such Mortgage Loan, except to the extent the Servicer determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on such Mortgage Loan. Subject to the conditions foregoing and in the absence of this Article IVsuch a determination, the Master Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Servicer, as been completely liquidated. The Servicer may fund an Advance from its own corporate funds, advances made by any subservicer or funds held in the Collection Account for future payment or withdrawal. Advances made from funds held in the Collection Account may be made by the Servicer from subsequent collections of principal and interest received on other Mortgage Loans and deposited into the Collection Account. Advances made from the Collection Account are not limited to subsequent collections of principal and interest received on the delinquent Mortgage Loan with respect to which an Advance is made. If on the Servicer Remittance Date prior to any Distribution Date funds in the Collection Account are less than the amount required belowto be paid to the Noteholders on such Distribution Date, then the Servicer shall deposit its own funds into the Distribution Account in the amount of the lesser of (i) any unreimbursed Advances previously made by the Servicer with funds held in the Collection Account or (ii) the shortfall in the Collection Account, provided, however, that in no event shall the Servicer deposit into the Collection Account an amount that is less than any shortfall in the Collection Account attributable to delinquent payments on Mortgage Loans which the Servicer deems to be recoverable and which has not been covered by an Advance from the Servicer’s own corporate funds or any subservicer’s funds. If applicable, on the Servicer Remittance Date preceding each Distribution Date, the Servicer shall present an Officers’ Note to the Indenture Trustee (i) stating that the Servicer elects not to make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, stated amount and (ii) to detailing the Depositor, each Rating Agency and reason it deems the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause advance to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01nonrecoverable.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (NovaStar Certificates Financing CORP), Sale and Servicing Agreement (NovaStar Certificates Financing LLC), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Account Deposit Date on which such funds are required to be distributed pursuant to this Agreement. Each Servicer will discontinue such Advances with respect to any Mortgage Loan that becomes 90 days Delinquent; provided, however, if a Servicer reasonably determines that a significant net recovery is possible through foreclosure proceedings or other liquidation of the related Mortgaged Property on a Mortgage Loan that becomes 90 days delinquent, such Servicer may continue making advances on such Mortgage Loan. Subject to Section 3.12, a Servicer must effectuate foreclosure or other conversion of the ownership of the Mortgaged Property securing any Mortgage Loan at such time that the Mortgage Loan becomes 180 days Delinquent. Once a Servicer has commenced such proceedings, such Servicer will not be entitled to any additional Servicing Fee for such Mortgage Loan, except to the extent of any unreimbursed Servicing Fees and expenses which will be reimbursable from any Liquidation Proceeds. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02; provided, however, such reimbursement shall be limited to funds received from Mortgage Loans for which such Advance was made. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He4), Pooling and Servicing Agreement, Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He3)

Advances. Subject (a) Unless otherwise specified in the applicable Series Supplement, an Administrative Agent appointed pursuant to the conditions Series Supplement shall have no obligation to make Advances (as defined below) with respect to the Underlying Securities or in favor of the Holders of any Series (or Class within such Series) of Certificates. However, as and to the extent provided in the Series Supplement for a given Series, and subject to the terms of paragraphs (b) and (c) of this Article IVSection 4.3, the Master Serviceron or prior to each Distribution Date, as required below, such Administrative Agent shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall advance or cause to be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date advanced in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) funds to the Trustee for deposit in the benefit Certificate Account for such Series an advance (each, an "Advance") in an amount equal, unless otherwise specified in the related Series Supplement, to the aggregate of distributions of principal, premium (if any) and interest due on the Certificateholders funds constituting Underlying Securities for such Series (or Class) during the related Collection Period, to the extent remaining portion unpaid at the time of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge satisfaction of its obligation to make any such Advance and Advances, the Administrative Agent shall make such Advances from either (i) its own funds or (ii) transfer such funds from the Certificate Account with respect to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by Underlying Securities for such Series or Class on deposit in the Certificate Account no later for such Series, if any, that do not constitute Available Funds with respect to such Distribution Date; provided, however, that, to the extent the Administrative Agent shall have made Advances from funds on deposit in the applicable Certificate Account, the Administrative Agent shall immediately deposit funds equal to the aggregate amount of such Advances into such Certificate Account on any subsequent Distribution Date to the extent that amounts on deposit in such Certificate Account on such Distribution Date are less than the close amount of business on the Business Day immediately preceding the Distribution Date on which such funds are distributions required to be distributed made on such Distribution Date pursuant to this AgreementSection 4.1 and the related Series Supplement. The Master Servicer shall be entitled to be reimbursed Administrative Agent may recover Advances from late collections received by the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances Trustee on the applicable Underlying Securities, proceeds from any applicable Credit Support, if any, and Liquidation Proceeds with respect to any Mortgage Loan shall continue until the Underlying Securities for such Mortgage Loan is paid Series or Class, as specified in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant Series Supplement, as to which any applicable provision of this Agreement, except as otherwise provided in this Section 4.01such unreimbursed Advance was made.

Appears in 4 contracts

Samples: Base Trust Agreement (Synthetic Fixed Income Securities Inc), Base Trust Agreement (STRATS(SM) Trust for Procter & Gamble Securities, Series 2006-1), Trust Agreement (Synthetic Fixed Income Securities Inc)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, The EMC Servicer shall make an Advance and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Central time on the Master related Servicer Advance Remittance Date in immediately available funds. The Master EMC Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master EMC Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master EMC Servicer shall deliver to the Master Servicer (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master EMC Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master EMC Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Master Servicer Collection Account. Any funds so applied and transferred shall be replaced by the Master EMC Servicer by deposit in the Certificate Protected Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant remitted to this Agreementthe Master Servicer for deposit into the Master Servicer Collection Account. The Master EMC Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. 1.08 of this Exhibit K. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this the Agreement, except as otherwise provided in this Section 4.012.01.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bearn Stearns Asset Backed Securities Trust 2004-Sd4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Back Securities Trust 2003-3)

Advances. Subject If the Monthly Payment on a Loan or a portion thereof is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or application of the Relief Act, and the related Servicer fails to make a Monthly Advance pursuant to the conditions of this Article IVrelated Servicing Agreement, the Master Servicer, as required belowsuccessor to such Servicer or any of the successor servicer appointed pursuant to this Agreement, shall make an Advance and deposit such Advance in the Certificate Distribution Account. Each , from its own funds or from amounts on deposit in the Distribution Account that are held for future distribution, not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such Advance shall be remitted delinquency, net of the Servicing Fee and Master Servicing Fee for such Loan except to the Certificate Account no later than 1:00 p.m. Pacific time on extent the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make determines any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If Any amounts held for future distribution and so used shall be appropriately reflected in the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, Servicer’s records and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Distribution Account no later on or before any future Distribution Account Deposit Date to the extent that the Available Distribution Amount for the related Distribution Date (determined without regard to Advances to be made on the Distribution Account Deposit Date) shall be less than the close total amount that would be distributed to the Classes of business Certificateholders pursuant to Section 4.1 on the Business Day immediately preceding the such Distribution Date on which if such funds are required amounts held for future distributions had not been so used to be distributed pursuant make Advances. Subject to this Agreement. The the foregoing, the Master Servicer shall be entitled continue to make such Advances through the date that the related Servicer is required to do so under its Servicing Agreement. In the event the Master Servicer elects not to make an Advance because the Master Servicer deems such Advance to be reimbursed from the Certificate Account for all Advances of its own funds made a Nonrecoverable Advance pursuant to this Section as provided in Section 3.08. The obligation 4.4, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee and the NIMS Insurer, if any, (i) stating that the Master Servicer elects not to make Advances with respect an Advance in a stated amount and (ii) detailing the reason it deems the Advance to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01be a Nonrecoverable Advance.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa4 /DE), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa3 /DE), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust Series 2007-Oa5 /DE)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency the NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or full, (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, or (iii) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (OwnIt Mortgage Loan Trust Series 2006-6), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Ownit Mortgage Loan Trust, Series 2006-2)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Trustee pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2002 1), Pooling and Servicing Agreement (Cwabs Inc Asset Back Certificates Series 2001-3), Pooling and Servicing Agreement (Cwabs Inc Asset Back Certificates Series 2001-3)

Advances. Subject (a) Unless otherwise specified in the applicable Series Supplement, an Administrative Agent appointed pursuant to the conditions Series Supplement shall have no obligation to make Advances (as defined below) with respect to the Underlying Securities or in favor of the Holders of any Series (or Class within such Series) of Certificates. However, as and to the extent provided in the Series Supplement for a given Series, and subject to the terms of paragraphs (b) and (c) of this Article IVSection 4.3, the Master Serviceron or prior to each Distribution Date, as required below, such Administrative Agent shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall advance or cause to be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date advanced in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) funds to the Trustee for deposit in the benefit Certificate Account for such Series an advance (each, an “Advance”) in an amount equal, unless otherwise specified in the related Series Supplement, to the aggregate of distributions of principal, premium (if any) and interest due on the Certificateholders funds constituting Underlying Securities for such Series (or Class) during the related Collection Period, to the extent remaining portion unpaid at the time of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge satisfaction of its obligation to make any such Advance and Advances, the Administrative Agent shall make such Advances from either (i) its own funds or (ii) transfer such funds from the Certificate Account with respect to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by Underlying Securities for such Series or Class on deposit in the Certificate Account no later for such Series, if any, that do not constitute Available Funds with respect to such Distribution Date; provided, however, that, to the extent the Administrative Agent shall have made Advances from funds on deposit in the applicable Certificate Account, the Administrative Agent shall immediately deposit funds equal to the aggregate amount of such Advances into such Certificate Account on any subsequent Distribution Date to the extent that amounts on deposit in such Certificate Account on such Distribution Date are less than the close amount of business on the Business Day immediately preceding the Distribution Date on which such funds are distributions required to be distributed made on such Distribution Date pursuant to this AgreementSection 4.1 and the related Series Supplement. The Master Servicer shall be entitled to be reimbursed Administrative Agent may recover Advances from late collections received by the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances Trustee on the applicable Underlying Securities, proceeds from any applicable Credit Support, if any, and Liquidation Proceeds with respect to any Mortgage Loan shall continue until the Underlying Securities for such Mortgage Loan is paid Series or Class, as specified in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant Series Supplement, as to which any applicable provision of this Agreement, except as otherwise provided in this Section 4.01such unreimbursed Advance was made.

Appears in 4 contracts

Samples: Trust Agreement (Fixed Income Trust for Prudential Financial, Inc. Notes, Series 2012-1), Trust Agreement (Fixed Income Client Solutions LLC), Base Trust Agreement (Synthetic Fixed Income Securities Inc)

Advances. Subject Except with respect to any Simple Interest Loans or Balloon Loan payments, for which no Advances of principal are required to be made, if the conditions Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of this Article IVapplication of the Relief Act or similar state laws exceeds the amount deposited in the Master Servicing Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer or the Trustee, as applicable, will make an Advance in an amount equal to such deficiency (net of its Master Servicing Fee and the Servicing Fee with respect to such Mortgage Loan with respect to Advances made by the Master Servicer, as required below, shall make an Advance and net of the Net Mortgage Rate with respect to such Mortgage Loan with respect to any Advances made by the Trustee) and deposit such Advance in the Certificate Master Servicer Collection Account or the Distribution Account, in the event of an Advance by the Trustee. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account or the Distribution Account, in the event of an Advance by the Trustee no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer or the Trustee, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer or the Trustee, as applicable, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer or the Trustee, as applicable, may (i) cause to be made an appropriate entry in its records relating to the Certificate Master Servicer Collection Account or the Distribution Account that any Amount Held for Future Distributions has been used by the Master Servicer or the Trustee, as applicable, in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Master Servicer Collection Account no later than the close of business on the Business Day immediately Distribution Account Deposit Date preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer or the Trustee, as applicable, shall be entitled to be reimbursed from the Certificate Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.03. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer to make an Advance required pursuant to this Section 5.01, then the Trustee shall be obligated to make such Advance on such Distribution Date. The Trustee shall be permitted to conclusively rely upon any determination made by the Master Servicer that any portion of an Advance is a Nonrecoverable Advance.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2005-2), Pooling and Servicing Agreement (Bsabs 2005-1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2005-2)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any Company Mortgage Loan and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency Agency, and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Agreement, the Master Servicer shall discontinue making Advances with respect to any second lien Mortgage Loan that becomes 60 days Delinquent. Notwithstanding anything in this Section 5.01 to the contrary, the Master Servicer shall not be obligated to deliver an Officer’s Certificate pursuant to the preceding sentence since no determination has been made as to whether such Advances are Nonrecoverable Advances. If the Master Servicer determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making advances on such second lien Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01. For the avoidance of doubt, if the Master Servicer discontinues making any Advances pursuant to the third paragraph of this Section 5.01, the Trustee shall not be obligated to make such Advances.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He5)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific California time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Chase Manhattan Acceptance Corp /De/), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific time Eastern Time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Asset Back Certs Ser 2004-Wmc2), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. Subject (a) On the terms and conditions hereinafter set forth, the Borrower may, by delivery of a Funding Request to the conditions Administrative Agent and each Managing Agent, from time to time on any Business Day during the Revolving Period, at its option, request that the Lenders make Advances to it in an amount which, at any time, shall not exceed the Availability in effect on the related Funding Date. Such Funding Request shall be delivered not later than 11:00 a.m. (New York City time) on the requested Funding Date; provided, however that notwithstanding anything contained herein to the contrary, no more than one Advance may be made in a calendar week. Upon receipt of this Article IVsuch Funding Request, the Master ServicerAdministrative Agent (or, as required belowif applicable, each Managing Agent) shall make an Advance and deposit promptly forward such Advance in the Certificate Account. Each such Advance shall be remitted Funding Request to the Certificate Account Lenders (or if applicable, each Managing Agent shall promptly forward such Funding Request to the Lenders in its Lender Group), and the applicable portion of the Advance will be made by the Lenders in accordance with their Pro-Rata Shares. Notwithstanding anything contained in this Section 2.1 or elsewhere in this Agreement to the contrary, no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer Lender shall be obligated to make any Advance in an amount that would result in the aggregate Advances then funded by such Lender exceeding its Commitment then in effect. The obligation of each Lender to remit its Pro-Rata Share of any such Advance only shall be several from that of each other Lender, and the failure of any Lender to so make such amount available to the extent that such advance would Borrower shall not be a Nonrecoverable Advancerelieve any other Lender of its obligation hereunder. If the Master Servicer shall have determined that it has made a Nonrecoverable Each Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred hereunder shall be replaced by made ratably among the Master Servicer by deposit Lender Groups in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances accordance with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01their Group Advance Limits.

Appears in 3 contracts

Samples: Credit Agreement (Runway Growth Credit Fund Inc.), Credit Agreement (Runway Growth Credit Fund Inc.), Credit Agreement (Runway Growth Finance Corp.)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac4), Distribution Instructions (Bear Stearns Asset Backed Securities I Trust 2005-Ac3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac7)

Advances. Subject The Servicer shall determine on or before each Determination Date whether it is required to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted pursuant to the Certificate Account no later than 1:00 p.m. Pacific time on definition thereof. With respect to any Mortgage Loan, if an Advance is required to be made hereunder, the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to on or before the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver Remittance Date either (i) deposit in the Custodial Account from its own funds an amount equal to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its the records relating to of the Certificate Custodial Account that any Amount Held funds in such account being held for Future Distributions has been future distribution or withdrawal have been, as permitted by this Section 4.19, used by the Master Servicer in discharge of its obligation to make any such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) transfer aggregating the amount of such Advance. Any such funds from being held in the Certificate Custodial Account to the Distribution Account. Any funds for future distribution and so applied and transferred used shall be replaced by the Master Servicer from its own funds by deposit in such Custodial Account to the Certificate Account no later than the close of business extent required on the Business Day immediately preceding the Distribution or before any future Servicer Remittance Date on in which such funds are required to would be distributed pursuant to this Agreementdue. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.08 hereof. Subject to and in accordance with the provisions of Section 4.26, in the event that the Servicer fails to remit an Advance required to be made pursuant to this Section 4.19, the Master Servicer shall, unless it determines that such Advance would constitute a Nonrecoverable Advance, itself make, or shall cause the successor Servicer or the Seller (as owner of the servicing rights in respect to the Mortgage Loans) to make, such Advance on or before the Distribution Date following the Servicer Remittance Date on which such Advance should have been made. The obligation to make Advances with respect to any Mortgage Loan shall continue until if such Mortgage Loan is paid in full has been foreclosed or otherwise terminated and the related Mortgaged Property or has not been liquidated, provided that in no event shall the Servicer be required to make any proposed Advance that, if made, would in the good faith judgment of the Servicer be a Nonrecoverable Advance. The Servicer shall deliver to the Master Servicer on the related REO Property has been liquidated or until Servicer Remittance Date an Officer’s Certificate of a Servicing Officer indicating the purchase or repurchase thereof (or substitution therefor) from amount of any proposed Advance that, if made, would in the Trust Fund pursuant to any applicable provision good faith judgment of this Agreement, except as otherwise provided in this Section 4.01the Servicer be a Nonrecoverable Advance.

Appears in 3 contracts

Samples: Transfer and Servicing Agreement (HMB Acceptance Corp.), Pooling and Servicing Agreement (HMB Acceptance Corp.), Transfer and Servicing Agreement (Aegis Asset Backed Securities Corp)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency Agency, and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall discontinue making advances with respect to any Mortgage Loan that becomes 60 days Delinquent. If the Master Servicer determines that an Advance would be recoverable through foreclosure proceedings or other conversion of the related Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making Advances on such Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl6), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl1), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl1)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 4:00 p.m. Pacific time Eastern time, on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee Master Servicer for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee Master Servicer an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan based on the Minimum Payment. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance (as defined in the Pooling and Servicing Agreement) thereof each month until its Stated Principal Balance (as defined in the Pooling and Servicing Agreement) is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Master Servicer Collection Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Master Servicer, the Securities Administrator or the Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 3 contracts

Samples: Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-F1), Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A2), Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A1)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific Eastern Standard time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates Series 2003 He1)

Advances. Subject The Servicer shall determine on or before each Determination Date whether it is required to make a Periodic Advance pursuant to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advancedefinition thereof. If the Master Servicer shall have determined that determines it has made is required to make a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Periodic Advance, it shall, on or before the Master Remittance Date, either (a) deposit into the Servicer shall deliver (i) Custodial Account an amount equal to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and Advance and/or (iib) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made make an appropriate entry in its records relating to the Certificate Servicer Custodial Account that any portion of the Amount Held for Future Distributions Distribution in the Servicer Custodial Account has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution AccountPeriodic Advance. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Servicer Custodial Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreementnext Remittance Date. The Master Servicer shall be entitled to be reimbursed from the Certificate Servicer Custodial Account for all Advances of its own funds made pursuant to this Section 3.19 as provided in Section 3.083.11. The obligation to make Periodic Advances with respect to any Mortgage Loan shall continue until the ultimate disposition of the REO Property or Mortgaged Property relating to such Mortgage Loan is paid in full or Loan. The Servicer shall inform the Trustee of the amount of the Periodic Advance to be made by it no later than the related Mortgaged Property Remittance Date. The Servicer shall deliver to the Trustee on the related Remittance Date an Officer's Certificate of a Servicing Officer indicating the amount of any proposed Periodic Advance determined by the Servicer to be a Nonrecoverable Advance. Notwithstanding anything to the contrary, the Servicer shall not be required to make any Periodic Advance or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01Servicing Advance that would be a Nonrecoverable Advance.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Banc of America Funding 2006-E Trust), Pooling and Servicing Agreement (Banc of America Funding Corp), Pooling and Servicing Agreement (Banc of America Funding Corp)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific California time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)

Advances. Subject to the conditions of this Article IV, the Master ServicerSubservicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific California time on the Master Servicer Advance Date in immediately available funds. The Master Servicer Subservicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer Subservicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer Subservicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Subservicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Subservicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Subservicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Subservicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Subservicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held for Future Distributions has been used by the Master Servicer Subservicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. Any funds so applied and transferred shall be replaced by the Master Servicer Subservicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Subservicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)

Advances. Subject (a) In the event a Servicer fails to make any Advance required to be made by it under the conditions related Servicing Agreement and such failure is not remedied within the applicable cure period under the related Servicing Agreement, then the Master Servicer shall on behalf of this Article IVthe Trustee immediately terminate such Servicer, and the Master Servicer (in its capacity as successor Servicer) or another successor Servicer shall be required to make such Advance on the Distribution Date with respect to which the related Servicer was required to make such Advance, subject to the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds's (or other successor Servicer's) determination of recoverability. The Master Servicer (or other successor Servicer) shall not be obligated required to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advancecover any Relief Act Interest Shortfall on any Mortgage Loan. If the Master Servicer shall have determined that (or other successor Servicer) is required to make any Advances, such advances may be made by it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders from its own funds constituting the remaining portion of such Advance, if applicable, and or (ii) from the related Custodial Account or Distribution Account, to the Depositorextent of funds held therein for future distribution (in which case, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) it will cause to be made an appropriate entry in its the records relating to of the Certificate related Custodial Account or the Distribution Account, as applicable, that any Amount Held amounts held for Future Distributions has been future distribution have been, as permitted by this Section 4.03, used by the Master Servicer (or other successor Servicer) in discharge of its obligation to make any such Advance Advance) or (iii) in the form of any combination of (i) and (ii) transfer such funds from aggregating the Certificate Account total amount of Advances to be made by the Master Servicer (or other successor Servicer) with respect to the Distribution AccountMortgage Loans and REO Properties. Any funds amounts held for future distribution and so applied and transferred used shall be appropriately reflected in the Master Servicer's (or other successor Servicer's) records and replaced by the Master Servicer (or other successor Servicer) by deposit in the Certificate related Custodial Account no later or the Distribution Account, as applicable, on or before any future Servicer Remittance Date to the extent that the Available Funds for the related Distribution Date (determined without regard to Advances to be made on such Servicer Remittance Date) shall be less than the close total amount that would be distributed to the Classes of business Certificateholders pursuant to Section 4.01 on the Business Day immediately preceding the such Distribution Date on which if such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account amounts held for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation future distributions had not been so used to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01Advances.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2005-He1), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2005-He1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2004-He1)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer Company shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer Company shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Account Deposit Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Mortgage-Backed Certificates, Series 2005-7), Pooling and Servicing Agreement (Mortgage-Backed Certificates, Series 2005-7), Custodial Agreement (Saco I Trust 2005-8)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders and the Certificate Insurers funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency Agency, the Certificate Insurers and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a Servicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 3 contracts

Samples: Distribution Instructions (Bear Stearns Asset Backed Securities I Trust 2005-Ac5), Distribution Instructions (Bear Stearns Asset Backed Securities I Trust 2005-Ac6), Distribution Instructions (Bear Stearns Asset Backed Securities I Trust 2005-Ac5)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit remit such Advance to the Master Servicer for deposit in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Master Servicer for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed nonrecoverable, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a Servicer (other than the Company) fails to make a required Advance, the Master Servicer, as successor servicer, shall be required to remit the amount of such Advance to the Distribution Account. If the Company or the Master Servicer were required to make an Advance but failed to do so, the Trustee upon receiving notice or becoming aware of such failure, and pursuant to the applicable terms of this Agreement, shall appoint a successor servicer or master servicer, as applicable, who will make such Advance, or the Trustee as successor master servicer shall be required to remit the amount of such Advance to the Master Servicer Collection Account, unless the Trustee shall have determined that such Advance is a Nonrecoverable Advance. If the Trustee cannot find a successor servicer to replace the Company as Servicer the Trustee shall become the successor servicer and shall be required to remit the amount of such Advance to the Master Servicer Collection Account, unless the Trustee shall have determined that such Advance is a Nonrecoverable Advance. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Master Servicer Collection Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Master Servicer Collection Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac5), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac4)

Advances. Subject (a) As of each Deposit Date, the Servicer shall make a payment with respect to each Receivable (other than a Defaulted Receivable) equal to the conditions excess, if any, of this Article IV, (x) the Master Servicer, product of the Principal Balance of such Receivable as required below, shall make an Advance of the first day of the related Collection Period and deposit one-twelfth of the Annual Percentage Rate of interest on such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time Receivable (calculated on the Master basis of a 360-day year of twelve 30-day months), over (y) the interest actually received by the Servicer Advance Date with respect to such Receivable from the Obligor or from payment of the Purchase Amount during or with respect to such Collection Period. The Servicer shall deposit all such Advances into the Collection Account in immediately available fundsfunds no later than, 11:00 a.m. New York City time, on the Deposit Date. The Master Notwithstanding the foregoing, the Servicer shall be obligated may elect not to make any such Advance only with respect to a Receivable to the extent that the Servicer, in its sole discretion, shall determine that such advance would Advance is not recoverable from subsequent payments on such Receivable or from withdrawals from the Reserve Account. To the extent that the amount set forth in clause (y) above with respect to a Receivable is greater than the amount set forth in clause (x) above with respect thereto, such excess amount shall be distributed to the Servicer pursuant to Section 7.5(b); [provided, however, that the Servicer shall not be entitled to reimbursement for an Advance resulting from a Nonrecoverable payment being made by or on behalf of the Obligor prior to the Due Date under the Receivable (a "Simple Interest Advance")]. If In addition, in the Master Servicer shall have determined that it has made a Nonrecoverable Advance or event that a proposed Advance or Receivable becomes a lesser portion Defaulted Receivable, Outstanding Advances in respect of such Advance would constitute a Nonrecoverable Advance, the Master Servicer that Receivable shall deliver (i) be reimbursed to the Trustee for the benefit extent of the Certificateholders funds constituting the remaining portion of Interest Collections with respect to such AdvanceReceivable and, if applicablesuch amounts are insufficient, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by amounts on deposit in the Certificate Account no later than Reserve Account, and if such amounts are not sufficient, from amounts on deposit in the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this AgreementCollection Account. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to not make Advances any advance with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision principal of this Agreement, except as otherwise provided in this Section 4.01Receivables.

Appears in 3 contracts

Samples: Supplement Agreement (Usaa Acceptance LLC), Supplement Agreement (Usaa Acceptance LLC), Supplement Agreement (Usaa Acceptance LLC)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit remit such Advance to the Securities Administrator for deposit in the Certificate Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a Servicer fails to make a required Advance, the Master Servicer, as successor servicer, shall be required to remit the amount of such Advance to the Distribution Account. Subject to the Securities Administrator’s recoverability determination, in the event that the Master Servicer fails to make a required Advance, the Securities Administrator shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate AccountProtected Account with respect to the related Loan Group. Each such Advance shall be remitted to the Certificate Distribution Account with respect to the related Loan Group no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the related Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account with respect to the related Loan Group. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions with respect to the related Loan Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account with respect to the related Loan Group to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Distribution Account with respect to the related Loan Group, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account with respect to the related Loan Group for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He7), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He7), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He7)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 4:00 p.m. Pacific time Eastern Time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-Ar1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-He3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-He2)

Advances. Subject If the Scheduled Payment on a Mortgage Loan or a portion thereof is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or application of the Relief Act, and the Servicer fails to make an advance of the delinquent amount pursuant to the conditions of this Article IVServicing Agreement, then the Master Trustee (in its capacity as Successor Servicer) shall deposit in the Distribution Account on the Remittance Date on which such Advance was required to be remitted by the Servicer, as required belowfrom its own funds an amount equal to such delinquency, shall make an Advance and deposit net of the Servicing Fee for such Mortgage Loan except to the extent the Trustee determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds, or future payments on the Mortgage Loan for which such Advance in was made; provided, however, that if the Certificate Account. Each such Advance Trustee is prohibited by law or regulation from obligating itself to make advances regarding delinquent mortgage loans, then the Trustee shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall not be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section 5.01; and provided further, that any failure to perform such duties or responsibilities caused by the Servicer’s failure to provide information required by the Trustee in connection with the making of any such required Advance shall not be considered a default by the Trustee as provided successor to the Servicer; provided, however, that (1) it is understood and acknowledged by the parties hereto that there will be a period of transition (not to exceed 90 days) before the actual servicing functions can be fully transferred to the Trustee or any Successor Servicer and (2) any failure to perform such duties or responsibilities caused by the Servicer’s failure to provide information required by the Trustee in Section 3.08. The obligation connection with the making of any such Advance shall not be considered a default by the Trustee as successor to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01Servicer.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Wf1), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC Trust 2006-Ec2)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency Agency, and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Agreement, the Master Servicer shall discontinue making Advances with respect to any second lien Mortgage Loan that becomes 60 days delinquent. Notwithstanding anything in this Section 5.01 to the contrary, the Master Servicer shall not be obligated to deliver an Officer’s Certificate in connection with any such discontinuation of advancing pursuant to the preceding sentence, as long as no determination shall have been made as to whether such Advances are Nonrecoverable Advances. If the Master Servicer determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making advances on such second lien Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Samples: Custodial Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl2), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl2)

Advances. If any Monthly Payment on a Mortgage Loan (other than Balloon Payments) that was due on the immediately preceding Due Date and delinquent on the Determination Date is delinquent other than as a result of application of the Relief Act, the Master Servicer will deposit in the Collection Account not later than the third Business Day immediately preceding the related Payment Date an amount equal to such Monthly Payment net of the related Servicing Fee and Radian PMI Policy Fec for such Mortgage Loan, except to the extent the Master Servicer or the related Subservicer determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on any Mortgage Loan. Subject to the conditions foregoing and in the absence of this Article IVsuch a determination, the Master Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Master Servicer, as required belowbeen completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Master Servicer shall present an Officer's Certificate to the Indenture Trustee with respect to the Mortgage Loans, (i) stating that the Master Servicer elects not to make an Advance in a stated amount and deposit such Advance in (ii) detailing the Certificate Account. Each such Advance shall be remitted reason it deems the advance to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the The Master Servicer shall have determined that will include in the Remittance Report a list of each Mortgage Loan for which it has made a Nonrecoverable does not make an Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determinationin accordance with this Section. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Such Advances may (i) cause to be made an appropriate entry in its records relating to whole or in part from funds in the Certificate Collection Account that any Amount Held being held for Future Distributions has been used by the Master Servicer future distribution or withdrawal on or in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Accountconnection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so applied and transferred used shall be replaced by the Master Servicer from its own funds by deposit in the Certificate Collection Account no later than on or before the close of business on the fourth Business Day immediately preceding any Payment Date to the Distribution extent that funds in the Collection Account with respect to such Payment Date on which such funds are shall be less than payments to Securityholders required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until on such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01date.

Appears in 2 contracts

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f)

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Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2004-Sl1)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Certificate Account no later than 1:00 2:30 p.m. Pacific time Eastern time, but in any case no later than 4:00 p.m. Eastern time, on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Sl1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific Standard time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee or the Paying Agent for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee or the Paying Agent an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Funding Loan Acquisition Trust, Series 2004-Opt1), Pooling and Servicing Agreement (Chase Funding Loan Acquisition Trust, Series 2004-Aq1)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 3:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or full, (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, or (iii) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-He1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-Sd1)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 3:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency rating the Certificates and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or full, (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, or (iii) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2005-Ff6), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Certificate Account no later than 1:00 2:30 p.m. Pacific time ET, but in any case no later than 4:00 p.m. ET, on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2007-Sd1), Pooling and Servicing Agreement (Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate AccountProtected Account with respect to the related Loan Group. Each such Advance shall be remitted to the Certificate Distribution Account with respect to the related Loan Group no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account with respect to the related Loan Group. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions with respect to the related Loan Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account with respect to the related Loan Group to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Distribution Account with respect to the related Loan Group, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Pooling and Servicing Agreement, the Master Servicer shall discontinue making advances with respect to any second lien Mortgage Loan that becomes 60 days delinquent. If the Master Servicer determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making advances on such second lien Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account with respect to the related Loan Group for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He10)

Advances. Subject (a) On the terms and conditions hereinafter set forth, the Borrower may, by delivery of a Borrower Notice to the conditions Administrative Agent and each Managing Agent, from time to time on any Business Day during the Revolving Period, at its option, request that the Lenders make Advances to it in an amount which, at any time, shall not exceed the Availability in effect on the related Funding Date. Such Borrower Notice shall be delivered not later than 11:00 a.m. (New York City time) two (2) Business Days prior to the requested Funding Date; provided, however that notwithstanding anything contained herein to the contrary, no more than one Advance may be made in a calendar week. Upon receipt of this Article IVsuch Borrower Notice, the Master ServicerAdministrative Agent (or, as required belowif applicable, each Managing Agent) shall make an Advance and deposit promptly forward such Advance in the Certificate Account. Each such Advance shall be remitted Borrower Notice to the Certificate Account Lenders (or if applicable, each Managing Agent shall promptly forward such Borrower Notice to the Lenders in its Lender Group), and the applicable portion of the Advance will be made by the Lenders in accordance with their Pro-Rata Shares. Notwithstanding anything contained in this Section 2.1 or elsewhere in this Agreement to the contrary, no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer Lender shall be obligated to make any Advance in an amount that would result in the aggregate Advances then funded by such Lender exceeding its Commitment then in effect. The obligation of each Lender to remit its Pro-Rata Share of any such Advance only shall be several from that of each other Lender, and the failure of any Lender to so make such amount available to the extent that such advance would Borrower shall not be a Nonrecoverable Advancerelieve any other Lender of its obligation hereunder. If the Master Servicer shall have determined that it has made a Nonrecoverable Each Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred hereunder shall be replaced by made ratably among the Master Servicer by deposit Lender Groups in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances accordance with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01their Group Advance Limits.

Appears in 2 contracts

Samples: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Certificates Series 2002-Ac4)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders and the Certificate Insurer funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency Agency, the Certificate Insurer and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He9), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He9)

Advances. Subject With respect to the conditions of this Article IVNon-Designated Mortgage Loans, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master each Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate related Collection Account no later than at the close of business time described below an amount equal to with respect to the Non-Designated Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on the Business Day immediately preceding related Mortgage Loans during the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as applicable Collection Period; provided in Section 3.08. The obligation to make Advances however, that with respect to any Balloon Loan that is delinquent on its maturity date, a Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan shall continue until (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer’s obligation to make such Advances as to any related Non-Designated Mortgage Loan is paid will continue through the last Scheduled Payment due prior to the payment in full of such Non-Designated Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision the terms of this Agreement. The Servicers shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. Each Servicer shall be obligated to make Advances with respect to those Non-Designated Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, except that such obligation with respect to any related Non-Designated Mortgage Loan shall cease if the related Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the related Servicer determines that any such Advances are Nonrecoverable Advances, such Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. With respect to the Non-Designated Mortgage Loans, if an Advance is required to be made hereunder, the related Servicer shall on the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of such Collection Account that funds in such account being held for future distribution or withdrawal have been, as otherwise provided in permitted by this Section 4.01, used by such Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in a Collection Account for future distribution and so used shall be replaced by the related Servicer from its own funds by deposit in such Collection Account on or before the next Distribution Date in which such funds would be due. With respect to any Designated Mortgage Loan, the Master Servicer shall, or shall cause WFHMI to, make Advances as required by Section 3.23(a) of this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Hm Eq Pass THR Certs Ser 2003-7), Pooling and Servicing Agreement (Home Equity Pass-Through Certificates Series 2003-8)

Advances. Subject (a) The Servicer shall make a payment with respect to each Receivable (other than an Administrative Receivable, a Warranty Receivable or a Liquidated Receivable) (each, an “Advance”) equal to the conditions excess if any, of this Article IV(x) the product of the Principal Balance of such Receivable as of the first day of the related Collection Period and one-twelfth of its APR (calculated on the basis of a 360-day year comprised of twelve 30-day months), over (y) the Master Servicerinterest actually received by the Servicer with respect to such Receivable from the Obligor or from payments of the Administrative Purchase Payment or the Warranty Purchase Payment, as required belowthe case may be, shall make an Advance during such Collection Period. (Nissan [200_-____] Sale and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicing Agreement) 37 The Servicer Advance Date in immediately available funds. The Master Servicer shall will not be obligated to make any such an Advance only in respect of a Receivable (other than an Advance in respect of an interest shortfall arising from the Prepayment of a Receivable) to the extent that such advance would not be the Servicer, in its sole discretion, shall determine that the Advance constitutes a Nonrecoverable Advance. If With respect to each Receivable, the Master Advance shall increase the Outstanding Advances. No Advances will be made with respect to the Principal Balance of the Receivables. The Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of deposit all such Advance would constitute a Nonrecoverable Advance, Advances into the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Collection Account in immediately available funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business 5:00 p.m., New York City time, on the Business Day immediately preceding the related Distribution Date on which such funds are required to be distributed pursuant to this AgreementDate. The Master Servicer shall be entitled to be reimbursed from To the Certificate Account for all Advances of its own funds made pursuant to this Section as provided extent that the amount set forth in Section 3.08. The obligation to make Advances clause (y) above with respect to a Receivable is greater than the amount set forth in clause (x) above with respect thereto, such amount shall be distributed to the Servicer pursuant to Section 5.06; provided, however, that, notwithstanding anything else herein, the Servicer shall not be reimbursed for any Mortgage Loan shall continue until such Mortgage Loan is paid amounts representing an Advance, or any portion thereof, made in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) respect of an interest shortfall arising from the Trust Fund pursuant to any applicable provision Prepayment of this Agreement, except as otherwise provided in this Section 4.01a Receivable.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 4:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee Master Servicer an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors, Inc. Series 2004-FFC), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-Sl1)

Advances. Subject to the conditions of this Article IV, the The EMC Master Servicer, as required below, Servicer shall make an Advance and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific Central time on the Master Servicer Advance Date in immediately available funds. The EMC Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the EMC Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the EMC Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the EMC Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the EMC Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the EMC Master Servicer by deposit in the Certificate Protected Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this the Agreement. The EMC Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. 1.08 of this Exhibit K. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this the Agreement, except as otherwise provided in this Section 4.012.01. Subject to and in accordance with the provisions of Article VIII of the Agreement, in the event of a failure by the EMC Master Servicer to make a required Advance pursuant to this Section 2.01, then the Wells Master Servicer shall be obligated to make such Advancx, xxd if the Wells Master Servicer fails to make such Advance, then the Txxxxxe, as Successor Master Servicer, shall be obligated to make such Advance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate AccountProtected Account with respect to the related Loan Group. Each such Advance shall be remitted to the Certificate Distribution Account with respect to the related Loan Group no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the related Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account with respect to the related Loan Group. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions with respect to the related Loan Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account with respect to the related Loan Group to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Distribution Account with respect to the related Loan Group, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account with respect to the related Loan Group for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He1)

Advances. Subject If the Servicer fails to the conditions of remit any Advance required to be made under this Article IVAgreement, the Master ServicerServicer solely in its capacity as successor servicer shall itself make, as required belowor shall cause the successor servicer to make, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer solely in its capacity as successor servicer determines that an Advance is required, it shall have determined on the Business Day preceding the related Distribution Date immediately following such Determination Date remit from its own funds (or funds advanced by the successor servicer) for deposit in the Master Servicer Collection Account immediately available funds in an amount equal to such Advance. If the Master Servicer fails to remit any Advance required to be made under this Agreement, the Trustee solely in its capacity as successor master servicer shall itself make, subject to applicable law, or shall cause the successor servicer to make, such Advance. If the Trustee solely in its capacity as successor master servicer determines that an Advance is required, it has made a Nonrecoverable Advance shall on the Business Day preceding the related Distribution Date immediately following such Determination Date remit from its own funds (or that a proposed Advance or a lesser portion of funds advanced by the successor servicer) for deposit in the Distribution Account immediately available funds in an amount equal to such Advance would constitute a Nonrecoverable Advance. The Servicer, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of made by it under this Agreement. Notwithstanding anything to the contrary herein, in the event the Master Servicer or Trustee (or successor servicer) determines in its own funds made pursuant to this Section as provided in Section 3.08. The reasonable judgment that an Advance is Nonrecoverable, the Master Servicer or Trustee (or successor servicer) shall be under no obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01Advance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series MLCC 2007-3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series MLCC 2007-1)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate AccountProtected Account with respect to the related Loan Group. Each such Advance shall be remitted to the Certificate Distribution Account with respect to the related Loan Group no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency Agency, and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account with respect to the related Loan Group. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions with respect to the related Loan Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account with respect to the related Loan Group to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Distribution Account with respect to the related Loan Group, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Pooling and Servicing Agreement, the Master Servicer shall discontinue making advances with respect to any second lien Mortgage Loan that becomes 60 days delinquent. If the Master Servicer determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making advances on such second lien Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account with respect to the related Loan Group for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Aq1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Aq1)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific Eastern Standard time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Mort Ln Ast BCK CTS Ser 2003-Bc1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 2:00 p.m. Pacific New York City time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, Depositor each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan for a first lien Mortgage when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Speciality Underwriting & Residential Finance Trust, Series 2005-Ab2), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust, Series 2005-Ab3)

Advances. Subject With respect to the conditions of this Article IVany Mortgage Loan, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate related Collection Account no later than at the close of business time described below an amount equal to with respect to the Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on the Business Day immediately preceding Mortgage Loans during the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Account for all Advances of its own funds made pursuant to this Section as applicable Collection Period; provided in Section 3.08. The obligation to make Advances however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan shall (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer’s obligation to make such Advances as to any Mortgage Loan will continue until through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan is paid in full Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision the terms of this Agreement. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. The Servicer shall be obligated to make Advances with respect to the Mortgage Loans in accordance with the provisions of this Agreement; provided however, except that such obligation shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any such Advances are Nonrecoverable Advances, the Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. With respect to any Mortgage Loan, if an Advance is required to be made hereunder, the Servicer shall on the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of such Collection Account that funds in such account being held for future distribution or withdrawal have been, as otherwise provided in permitted by this Section 4.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in a Collection Account for future distribution and so used shall be replaced by the Servicer from its own funds by deposit in such Collection Account on or before the next Distribution Date in which such funds would be due.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Home Equity Pass-Through Certificates, Series 2005-Fix1), Pooling and Servicing Agreement (CSFB Home Equity Pass-Through Certificates, Series 2005-Fix1)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Certificate Account no later than 1:00 2:30 p.m. Pacific time EST, but in any case no later than 4:00 p.m. EST, on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency Agency, the NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-Rm3), Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-Rm3)

Advances. Subject The Company shall, or shall cause the related subservicer pursuant to the conditions of this Article IV, the Master Servicer, as required below, shall related servicing agreement to make an Advance with respect to any Mortgage Loan (other than with respect to any balloon payments) and deposit remit such Advance to the Master Servicer for deposit in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer Company shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer Company shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company shall deliver (i) to the Trustee Master Servicer for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed nonrecoverable, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Master Servicer Collection Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Master Servicer Collection Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Agreement, the Company shall discontinue making Advances with respect to any second lien Mortgage Loan that becomes 60 days Delinquent. Notwithstanding anything in this Section 6.01 to the contrary, the Company shall not be obligated to deliver an Officer’s Certificate pursuant to the preceding sentence since no determination has been made as to whether such Advances are Nonrecoverable Advances. If the Company determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Company may continue making advances on such second lien Mortgage Loan. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Company fails to make any required Advance, in whole or in part, then the Master Servicer or any other Successor Master Servicer appointed hereunder shall be obligated to remit such Advance to the Trustee on the Distribution Account Deposit Date an amount equal to such required Advance to the extent not otherwise paid by the Company, net of the related Servicing Fee for such Mortgage Loan. The Master Servicer or any other Successor Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company is required to do so under this Agreement. For the avoidance of doubt, if the Company discontinues making any Advances pursuant to the third paragraph of this Section 6.01, the Master Servicer or any other Successor Master Servicer shall not be obligated to make such Advances. Subject to and in accordance with the provisions of Article IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee as Successor Master Servicer or any other Successor Master Servicer shall be obligated to make such Advance in an amount equal to such required Advance to the extent not otherwise paid by the Company or the Master Servicer, net of the related Servicing Fee for such Mortgage Loan. The Trustee as Successor Master Servicer or any other Successor Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. For the avoidance of doubt, if the Company or the Master Servicer discontinues making any Advances pursuant to the third paragraph of this Section 6.01, the Trustee as Successor Master Servicer or any other Successor Master Servicer shall not be obligated to make such Advances.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall discontinue making advances with respect to any Mortgage Loan that becomes 60 days Delinquent. If the Master Servicer determines that an Advance would be recoverable through foreclosure proceedings or other conversion of the related Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making Advances on such Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl3), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl4)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit remit such Advance to the Master Servicer for deposit in the Certificate Account. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Master Servicer for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed nonrecoverable, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a Servicer fails to make a required Advance, the Master Servicer, as successor servicer, shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Master Servicer Collection Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Master Servicer Collection Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac1)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 4:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee Master Servicer an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, (iii) the Servicer determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance (other than any balloon payments) and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific 10:00 a.m. Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl2), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl1)

Advances. Subject If the Monthly Payment on a Loan or a portion thereof is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or application of the Relief Act, and the related Servicer fails to make a Monthly Advance pursuant to the conditions of this Article IVrelated Servicing Agreement, the Master Servicer, as required belowsuccessor to such Servicer or any of the successor servicer appointed pursuant to this Agreement, shall make an Advance and deposit such Advance in the Certificate Distribution Account. Each , from its own funds or from amounts on deposit in the Distribution Account that are held for future distribution, not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such Advance shall be remitted delinquency, net of the Servicing Fee and Master Servicing Fee for such Loan except to the Certificate Account no later than 1:00 p.m. Pacific time on extent the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make determines any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If Any amounts held for future distribution and so used shall be appropriately reflected in the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, Servicer’s records and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Distribution Account no later on or before any future Distribution Account Deposit Date to the extent that the Available Distribution Amount for the related Distribution Date (determined without regard to Advances to be made on the Distribution Account Deposit Date) shall be less than the close total amount that would be distributed to the Classes of business Certificateholders pursuant to Section 4.1 on the Business Day immediately preceding the such Distribution Date on which if such funds are required amounts held for future distributions had not been so used to be distributed pursuant make Advances. Subject to this Agreement. The the foregoing, the Master Servicer shall be entitled continue to make such Advances through the date that the related Servicer is required to do so under its Servicing Agreement. In the event the Master Servicer elects not to make an Advance because the Master Servicer deems such Advance to be reimbursed from the Certificate Account for all Advances of its own funds made a Nonrecoverable Advance pursuant to this Section as provided in Section 3.08. The obligation 4.4, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make Advances with respect an Advance in a stated amount and (ii) detailing the reason it deems the Advance to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01be a Nonrecoverable Advance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa1), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2)

Advances. Subject If any portion of a Monthly Payment relating to interest payments (together with any advances from the conditions Subservicers) on a Mortgage Loan that was due on the immediately preceding Due Date and delinquent on the Determination Date is delinquent other than as a result of this Article IVapplication of the Relief Act, the Master Servicer, as required below, shall make an Advance and Servicer will deposit such Advance or cause the Subservicer to deposit in the Certificate Account. Each Collection Account not later than the fourth Business Day immediately preceding the related Payment Date an amount equal to such Advance shall be remitted deficiency net of the related Servicing Fee for such Mortgage Loan, except to the Certificate Account no later than 1:00 p.m. Pacific time on extent the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make determines any such Advance only advance to the extent that such advance would not be a Nonrecoverable Advance. If Subject to the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion foregoing and in the absence of such Advance would constitute a Nonrecoverable Advancedetermination, the Master Servicer shall deliver continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Master Servicer, been completely liquidated. If applicable, on the fourth Business Day immediately preceding the related Payment Date, the Master Servicer shall present an Officer's Certificate to the Indenture Trustee and the Note Insurer (i) stating that the Master Servicer elects not to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, make an Advance in a stated amount and (ii) to detailing the Depositor, each Rating Agency and reason it deems the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause advance to be a Nonrecoverable Advance. Such advances may be made an appropriate entry in its records relating to whole or in part from funds in the Certificate Collection Account that any Amount Held being held for Future Distributions has been used by the Master Servicer future distributions or withdrawal on or in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Accountconnection with Payment Dates in subsequent months. Any funds so applied and transferred being held for future distributions shall be replaced by the Master Servicer from its own funds by deposit in the Certificate Collection Account no later than on or before the close of business on the fifth Business Day immediately preceding the Distribution any Payment Date on which such there would otherwise be insufficient funds are in the Collection Account, for transfer to the Payment Account, to permit payment of all amounts required to be distributed paid pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from Section 3.05 of the Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01Indenture.

Appears in 2 contracts

Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Servicing Agreement (Pacificamerica Money Center Inc)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 2:00 p.m. Pacific New York City time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan for a first lien Mortgage when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust, Series 2005-Bc4), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2005-Bc3)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific California time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)

Advances. (a) Subject to Section 2.3, the Advances to be made on the Initial Funding Date shall be made by the Lenders in an amount to be specified in a written funding request delivered by the Borrower to the Administrative Agent at least two (2) Business Days before the Initial Funding Date. Advances made after the Initial Funding Date that are described in Section 2.1(a) shall be made contemporaneously with increases in the Loan Amount and the aggregate principal amount of the Commitments. The Advances made pursuant to Section 2.1(b) shall be made upon the Borrower’s delivery to the Administrative Agent of a written funding request (a “Funding Request”) for any such Advance, which Funding Request shall be delivered not later than 12:00 noon (New York City time) at least ten (10) Business Days prior to the requested Funding Date, and subject to satisfaction or waiver of each of the conditions precedent set forth in Section 5.3. The proceeds of this Article IVthe Advance made on the Initial Funding Date shall be utilized as follows: (i) first, the Master Servicer, as required below, shall make an Advance Facility Fee will be withheld on behalf of and deposit such Advance in the Certificate Account. Each such Advance shall be remitted paid pro rata to the Certificate Lenders, (ii) second, the Reserve Amount will be deposited into the Reserve Account no later than 1:00 p.m. Pacific time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If of the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion remaining proceeds of such Advance would constitute a Nonrecoverable AdvanceAdvances and (iii) third, the Master Servicer remaining proceeds of such Advances shall deliver be deposited into such Accounts as the Borrower directs. The proceeds of Advances made after the Initial Funding Date shall be utilized as follows: (i) first, any fees agreed to in writing by the Trustee for the benefit Borrower with respect to any applicable Lender will be withheld on behalf of the Certificateholders funds constituting the remaining portion of and paid to such AdvanceLender, if applicable, and (ii) second, to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Account that extent any additional Reserve Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are is required to be distributed deposited in the Reserve Account pursuant to this Agreement, the Reserve Amount will be deposited into the Reserve Account to the extent of the remaining proceeds of such Advances and (iii) third, the remaining proceeds of such Advances shall be deposited into such Accounts as the Borrower directs for proceeds of Advances on the Initial Funding Date, unless a Funding Request directs otherwise. Each Funding Request shall be irrevocable and shall specify (i) the principal amount of the proposed Loan, (ii) wire instructions for the deposit account of the Borrower into which such funds should be deposited, and (iii) the proposed borrowing date, which must be a Business Day. The Master Servicer Administrative Agent and the Lenders may act without liability upon the basis of written, emailed or telecopied notice believed by the Administrative Agent in good faith to be from the Borrower (or from any Responsible Officer thereof designated in writing purportedly from the Borrower to the Administrative Agent). The Administrative Agent and each Lender shall be entitled to be reimbursed from rely conclusively on any Responsible Officer’s authority to request a Loan on behalf of the Certificate Account for all Advances of its own funds made pursuant Borrower until the Administrative Agent receives written notice to this Section as provided in Section 3.08the contrary. The obligation Administrative Agent and the Lenders shall have no duty to make Advances with respect to verify the authenticity of the signature appearing on any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01written Funding Request.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Cresco Labs Inc.), Senior Secured Term Loan Agreement (Cresco Labs Inc.)

Advances. Subject The Master Servicer shall, or shall cause the related subservicer pursuant to the conditions of this Article IVSubservicing Agreement to, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Protected Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Advances. Subject Xxcept with respect to Simple Interest Loans, for which no Advances of principal are required to be made, if the conditions Scheduled Payment on a Mortgage Loan, other than an EMC Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of this Article IV, application of the Relief Act and for which the related Servicer (other than the EMC Master Servicer, as ) was required below, shall to make an Advance and deposit pursuant to the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account for use as an Advance with respect to such Mortgage Loan, the Wells Master Servicer will make an Advance in an amount equax xx such deficiency for deposit into the Certificate Master Servicer Collection Account or the Distribution Account, as applicable. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account or the Distribution Account, as appropriate, no later than 1:00 p.m. Pacific Central time on the Master Servicer Advance Date in immediately available funds. The Wells Master Servicer shall be obligated to make any such Advance Adxxxxx only to the extent that such advance would not be a Nonrecoverable Advance. If the Wells Master Servicer shall have determined that it has made a Nonrecoverable x Xxnrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Wells Master Servicer shall deliver (i) to the Trustee for the benefit txx xxnefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Wells Master Servicer may (i) cause to be made an appropriate entry appropriatx xxxry in its records relating to the Certificate Master Servicer Collection Account or the Protected Account of the EMC Master Servicer, as applicable, that any Amount Held for Future Distributions has been used by the Wells Master Servicer in discharge of its obligation to make any xxx such Advance and (ii) transfer such funds from the Certificate Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Wells Master Servicer by deposit in the Certificate Account Master Servicer Collxxxxxn Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Wells Master Servicer shall be entitled to be reimbursed from the Certificate frox xxx Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.05. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Wells Master Servicer to make an Advance pursuant to this Sexxxxx 5.01, then the EMC Master Servicer shall be obligated to make such Advance, and if the EMC Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific New York City time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Nonrecoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Mort Ln Asst BCK Certs Ser 2003-Bc3), Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Mort Ln as Bk Ce Ser 2003 Bc4)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, (a) The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Certificate Account. Each such Advance shall be remitted to the Certificate Distribution Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer’s recoverability determination, in the event that a Servicer (other than Xxxxx Fargo) fails to make a required Advance, the Master Servicer, as successor servicer, shall be required to remit the amount of such Advance to the Distribution Account. In the event that Xxxxx Fargo as Servicer or the Master Servicer fails to make such a required Advance, the Trustee, as successor servicer or master servicer, as applicable, shall be required to remit the amount of such Advance to the Distribution Account, subject to its determination of recoverability and subject to its right to be reimbursed for such Advances pursuant to Section 5.09. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Certificate Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Certificate Account Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Certificate Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.085.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.016.01.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac3)

Advances. Subject Except with respect to any Simple Interest Loans, for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act or similar state laws and for which the related Servicer was required to make an Advance pursuant to the conditions of this Article IVrelated Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer, as required below, shall Servicer will make an Advance in an amount equal to such deficiency and deposit such Advance in the Certificate Master Servicer Collection Account or the Distribution Account, as applicable. Each such Advance shall be remitted to the Certificate Master Servicer Collection Account or the Distribution Account, as appropriate, no later than 1:00 p.m. Pacific Central time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Master Servicer Collection Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Account Master Servicer Collection Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.084.05. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.015.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer to make an Advance pursuant to this Section 5.01, then the EMC Servicer, as Successor Master Servicer, shall be obligated to make such Advance, and if the EMC Servicer, as Successor Master Servicer, fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2004-Sd2)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non- Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee Certificate Administrator for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer and each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2005-Wmc1)

Advances. (a) Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 p.m. Pacific Eastern time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency the NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to 105 time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or full, (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01, or (iii) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (OwnIt Mortgage Loan Trust Series 2006-4)

Advances. Subject to the conditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Certificate Collection Account. Each such Advance shall be remitted to the Certificate Collection Account no later than 1:00 2:00 p.m. Pacific New York City time on the Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. The Servicer may, in its sole discretion, make an Advance with respect to the principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's obligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan as if such Balloon Loan were a fully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan for a first lien Mortgage when due, the Servicer shall Advance (unless it determines in its good faith judgment that such amounts would constitute a Non Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to zero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Certificate Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Certificate Collection Account to the Distribution Certificate Account. In addition, the 101 Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Certificate Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Certificate Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 3.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 4.01.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust, Series 2006-Bc3)

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