Common use of Advances Clause in Contracts

Advances. (a) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 10 contracts

Samples: Trust and Servicing Agreement (BBCMS Mortgage Trust 2020-C6), Trust and Servicing Agreement (Benchmark 2020-Ig1 Mortgage Trust), Trust and Servicing Agreement (Benchmark 2020-B16 Mortgage Trust)

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Advances. (a) In the event that all or If any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicabletogether with any advances from the Subservicers) representing interest due or deemed on a Mortgage Loan that was due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business 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 such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at Collection Account not later than the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to immediately preceding the Certificate Administrator for deposit into the related Distribution Account, in Date an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and deficiency net of the related Servicing Fee which shall not be paid for such Mortgage Loan, except to the extent the Servicer until determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on such Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer may fund an Advance from its own corporate funds, advances made by any subservicer or funds are available 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 such fee) due or deemed due 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 Trust delinquent Mortgage Loan that was delinquent as of the close of business with respect to which an Advance is made. If on the Determination Servicer Remittance Date prior to any Distribution Date funds in the Collection Account are less than the amount required to be paid to the Certificateholders on such calendar month; providedDistribution Date, that neither then the Servicer nor any other party shall be entitled to interest accrued on deposit its own funds into the Distribution Account in the amount of the lesser of (i) any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received unreimbursed Advances previously made by the Servicer with funds held in the Collection Account or (ii) the Certificate Administratorshortfall in the Collection Account, as 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, by 2:00 p.m. (New York time) on the Servicer Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of preceding each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officers’ Certificate to the Certificate Administrator interest on such amounts at Trustee (i) stating that the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation elects not to make any Monthly Interest Payment an Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, in a stated amount and (ii) detailing the amount that would otherwise be required reason it deems the advance to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenonrecoverable.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-4), Pooling and Servicing Agreement (NovaStar Certificates Financing LLC)

Advances. (a) In the event that all or If any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicabletogether with any advances from the Subservicers) representing interest due or deemed on a Mortgage Loan that was due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business 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 such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at Collection Account not later than the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to immediately preceding the Certificate Administrator for deposit into the related Distribution Account, in Date an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and deficiency net of the related Servicing Fee which shall not be paid for such Mortgage Loan, except to the extent the Servicer until determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on such Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer may fund an Advance from its own corporate funds, advances made by any Subservicer or funds are available 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 such fee) due or deemed due 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 Trust delinquent Mortgage Loan that was delinquent as of the close of business with respect to which an Advance is made. If on the Determination Servicer Remittance Date prior to any Distribution Date funds in the Collection Account are less than the amount required to be paid to the Certificateholders on such calendar month; providedDistribution Date, that neither then the Servicer nor any other party shall be entitled to interest accrued on deposit its own funds into the Distribution Account in the amount of the lesser of (i) any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received unreimbursed Advances previously made by the Servicer with funds held in the Collection Account or (ii) the Certificate Administratorshortfall in the Collection Account, as 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, by 2:00 p.m. (New York time) on the Servicer Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of preceding each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officers’ Certificate to the Certificate Administrator interest on such amounts at Trustee (i) stating that the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation elects not to make any Monthly Interest Payment an Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, in a stated amount and (ii) detailing the amount that would otherwise be required reason it deems the advance to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenonrecoverable.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)

Advances. (a) In the event that all or any portion of a Monthly Interest Debt Service Payment Amount (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Debt Service Payment Amount calculated at the Initial Interest Payment Rate (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Debt Service Payment Amount (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest 144 on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 7 contracts

Samples: Trust and Servicing Agreement (CSAIL 2021-C20 Commercial Mortgage Trust), Trust and Servicing Agreement (BBCMS Mortgage Trust 2021-C10), Trust and Servicing Agreement (BBCMS Mortgage Trust 2021-C9)

Advances. (a) In the event that all or any a portion of a any Monthly Interest Payment (other than the Balloon Payment and Default Interest) or an Assumed Monthly Interest Payment, as applicable) applicable representing interest due or deemed due on the Trust Mortgage Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or portion thereof) (or in the amount of the Assumed Monthly Interest Payment, or portion thereof, as applicable) with respect to the Mortgage Loan that has not been received by the close of business on the Business Day immediately prior to such Remittance Date (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee with respect to the Mortgage Loan, which shall not be paid to the Servicer until funds are available in the Collection Account are available for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Mortgage Loan if the related delinquent amount of the Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust such Mortgage Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the such Remittance Date on which the Date. The portion of any Monthly Interest Payment Advance is equal to the CREFC® Intellectual Property Royalty License Fee for the Mortgage Loan and such Distribution Date will not be maderemitted to the Certificate Administrator but will be remitted to CREFC® by the Servicer. The Servicer shall also advance in respect of each Payment Date following (or Assumed Payment Datex) following a delinquency in the payment of the Balloon Payment of the Trust Mortgage Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Whole Loan or (y) not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Mortgage Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion net of the Balloon Payment and Default InterestServicing Fees). For the avoidance of doubt, in the event that the amount of interest and/or principal on the Trust Mortgage Loan is reduced as a result of any modification to the Trust Mortgage Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Mortgage Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of nonrecoverability provided in this Section 3.23, in the event that the Mortgaged Property becomes Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Payment Date following such event in an amount equal to the Monthly Payment or Assumed Monthly Payment, as applicable, due or deemed due with respect to the Mortgage Loan on such Payment Date, as if the Mortgaged Property had not become a Foreclosed Property and the Mortgage Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the master servicer and trustee with respect to each Other Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business Days of making such Advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Mortgage Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Neither the Servicer shall have no obligation nor the Trustee will be required to make a Companion Loan Advance or any Monthly Interest Payment Advance for administrative advance in respect of any Companion Loan. Neither the Servicer nor the Trustee will be entitled to interest on any Monthly Payment Advance on the Mortgage Loan until the related Loan Payment Date has passed. The Servicer and the Trustee, as applicable, will each be entitled to reimbursement for a Monthly Payment Advance and any Administrative Advance from any collections on the Whole Loan prior to any distributions to the Certificateholders. At any time that an a Trust Appraisal Reduction Amount existsexists with respect to the Whole Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Mortgage Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then then-outstanding principal balance of the Trust Mortgage Loan minus the portion of the Trust Appraisal Reduction Amount allocable to the Mortgage Loan (including any deemed Trust Loan, Appraisal Reduction Amount) and the denominator of which is the then then-outstanding principal balance of the Trust Mortgage Loan. The Certificate Administrator shall notify For the avoidance of doubt, the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, shall make Monthly Payment Advances on the Remittance Datebasis of the original terms of the Mortgage Loan, including if the Certificate Administrator has not received Mortgage Loan is subject to a forbearance agreement or other temporary deferral or payment accommodation, unless (a) the amount terms of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to Mortgage Loan have been made on the related Remittance Date pursuant permanently modified to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(areduce or forgive a monetary obligation or (b) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended such advance has been determined to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenon-recoverable.

Appears in 7 contracts

Samples: Trust and Servicing Agreement (Benchmark 2022-B33 Mortgage Trust), Trust and Servicing Agreement (Benchmark 2022-B34 Mortgage Trust), Trust and Servicing Agreement (Benchmark 2022-B35 Mortgage Trust)

Advances. (a) In the event that all or If any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicabletogether with any advances from the Subservicers) representing interest due or deemed on a Mortgage Loan that was due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business 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 such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at Collection Account not later than the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to immediately preceding the Certificate Administrator for deposit into the related Distribution Account, in Date an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and deficiency net of the related Servicing Fee which shall not be paid for such Mortgage Loan, except to the extent the Servicer until determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on such Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer may fund an Advance from its own corporate funds, advances made by any subservicer or funds are available 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 such fee) due or deemed due 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 Trust delinquent Mortgage Loan that was delinquent as of the close of business with respect to which an Advance is made. If on the Determination Servicer Remittance Date prior to any Distribution Date funds in the Collection Account are less than the amount required to be paid to the Certificateholders on such calendar month; providedDistribution Date, that neither then the Servicer nor any other party shall be entitled to interest accrued on deposit its own funds into the Payment Account in the amount of the lesser of (i) any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received unreimbursed Advances previously made by the Servicer with funds held in the Collection Account or (ii) the Certificate Administratorshortfall in the Collection Account, as 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, by 2:00 p.m. (New York time) on the Servicer Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of preceding each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officer's Certificate to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust LoanAdministrator, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify Trustee (i) stating that the Servicer elects not to make an Advance in a stated amount and (ii) detailing the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on reason it deems the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant advance to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenonrecoverable.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2001-1), Pooling and Servicing Agreement (Residential Asset Funding Corp)

Advances. (a) In the event that all or any portion As of last day of a Monthly Interest Collection Period, if the payments during such Collection Period by or on behalf of the Obligor on or in respect of a Precomputed Receivable (other than an Administrative Receivable or a Warranty Receivable) after application under Section 4.03(a) shall be less than the Scheduled Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; providedClosing Date), that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced whether as a result of any modification or extension granted to the Trust LoanObligor or otherwise, then the Deferred Prepayment, if any, with respect to such Precomputed Receivable shall be applied by the Servicer to the extent of the shortfall, and such Deferred Prepayment shall be reduced accordingly. Subject to the provisions of the last sentence of this paragraph, the Servicer shall deposit an amount equal to such shortfall (each, a "Precomputed Advance") in the Collection Account on the Business Day immediately preceding the related Distribution Date. In addition, as of last day of a Collection Period, if the payments during such Collection Period by or on behalf of the Obligor on or in respect of a Simple Interest Receivable (other than an Administrative Receivable or a Warranty Receivable) after application under Section 4.03(a) shall be less than the Scheduled Payment (determined as of the Closing Date), whether as a result of any Monthly modification or extension granted to the Obligor or otherwise, then an amount equal to the product of the Principal Balance of such Receivable as of the first day of the related Collection Period and one-twelfth of its Annual Percentage Rate minus the amount of interest actually received on such Receivable during the Collection Period (each, a "Simple Interest Payment Advance Advance") shall be deposited by the Servicer into the Collection Account on the Business Day immediately preceding the related Distribution Date. If such a calculation in respect of a Simple Interest Receivable results in a negative number, an amount equal to such negative amount shall be paid to the Servicer in reimbursement of any Outstanding Advances in respect of Simple Interest Receivables. In addition, in the event that a Simple Interest Receivable becomes a Liquidated Receivable, the amount of accrued and unpaid interest thereon (but not including interest for the current Collection Period) shall, up to the amount of Outstanding Advances in respect of Simple Interest Receivables in respect thereof, be withdrawn from the Collection Account and paid to the Servicer in reimbursement of such Outstanding Advances. No Advances will be made with respect to such modified Trust Loan shall be in such amounts as may be required as a result the Principal Balance of such reductionSimple Interest Receivables. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts be required to be remitted to make an Advance (other than a Simple Interest Advance in respect of an interest shortfall arising from the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Prepayment of a Simple Interest Payment AdvanceReceivable) to the Certificate Administrator for deposit extent that the Servicer, in the Distribution Account on the Remittance Dateits sole discretion, the Servicer shall pay to the Certificate Administrator interest on determine that such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required is unlikely to be advanced recovered from subsequent payments made by or on behalf of the related Obligor, Liquidation Proceeds, by the Servicer in Administrative Purchase Payment or by the Warranty Purchase Payment with respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying to such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) Receivable or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceotherwise.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Toyota Motor Credit Corp)

Advances. (a) In the event that all a Monthly Payment (other than the principal portion of the Balloon Payment and any Default Interest, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business the Business Day immediately prior to such Remittance Date (net of the Servicing Fee on the Determination Date Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on such Remittance Date. For the Remittance Date on which avoidance of doubt, neither the Monthly Interest Payment Advance is Trustee nor the Servicer will have any obligation to be mademake any principal and/or interest debt service advances with respect to any Companion Loan. The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Whole Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify each Other Servicer, Other Special Servicer and Other Trustee of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business Days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount existsexists with respect to the Trust Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable allocated to the Trust Loan, Loan and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of described in this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended with respect to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because Trust Loan if it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts has been repurchased from the Collection Account Trust by the Loan Seller as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancecontemplated in Section 2.7(b).

Appears in 4 contracts

Samples: Trust and Servicing Agreement (BBCMS Mortgage Trust 2019-C4), Trust and Servicing Agreement (BBCMS Mortgage Trust 2019-C5), Trust and Servicing Agreement (UBS Commercial Mortgage Trust 2019-C17)

Advances. (a) In the event that all a Monthly Payment (or an Assumed Monthly Payment, as applicable) (other than the Balloon Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due (other than any Balloon Payment) on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or an Assumed Monthly Payment, as applicable), or any such portion of such the Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date Business Day immediately prior to such Remittance Date, in each case, net of the Servicing Fee (which will not be paid to the Servicer until the funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to any the Trust Loan if the related Monthly Interest Payment (or, if applicable, the or an Assumed Monthly Interest Payment, as applicable) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related such Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a3.21(a) on the Trust Loan and the amount allocated to the related Trust Note on a Note-by-Note Basis and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer and, if applicable pursuant to Section 3.21(c), the Trustee, shall have no obligation to make notify each of the master servicer, the special servicer and the trustee under any Other Pooling and Servicing Agreement of the amount of any Monthly Interest Payment Advance for on the Trust Loan it has made within two (2) Business Days of making any such Monthly Payment Advance. Notwithstanding anything herein to the contrary, Monthly Payment Advances (other than any Nonrecoverable Advance) with respect to the Trust Loan shall be reimbursed solely out of amounts allocated to the Trust Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Companion Loan, and Companion Loan Advances (other than any Nonrecoverable Advance) with respect to the Companion Loan shall be reimbursed solely out of amounts allocated to such Companion Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Trust Loan or the other Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of principal and interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the 118 applicable Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 4 contracts

Samples: Trust and Servicing Agreement (3650R 2021-Pf1 Commercial Mortgage Trust), Trust and Servicing Agreement (CSAIL 2021-C20 Commercial Mortgage Trust), Trust and Servicing Agreement (CSAIL 2020-C19 Commercial Mortgage Trust)

Advances. (a) In the event that all or If any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicabletogether with any advances from the Subservicers) representing interest due or deemed on a Mortgage Loan that was due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business 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 such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at Collection Account not later than the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to immediately preceding the Certificate Administrator for deposit into the related Distribution Account, in Date an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and deficiency net of the related Servicing Fee which shall not be paid for such Mortgage Loan, except to the extent the Servicer until determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on such Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer may fund an Advance from its own corporate funds, advances made by any subservicer or funds are available 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 such fee) due or deemed due 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 Trust delinquent Mortgage Loan that was delinquent as of the close of business with respect to which an Advance is made. If on the Determination Servicer Remittance Date prior to any Distribution Date funds in the Collection Account are less than the amount required to be paid to the Certificateholders on such calendar month; providedDistribution Date, that neither then the Servicer nor any other party shall be entitled to interest accrued on deposit its own funds into the Distribution Account in the amount of the lesser of (i) any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received unreimbursed Advances previously made by the Servicer with funds held in the Collection Account or (ii) the Certificate Administratorshortfall in the Collection Account, as 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, by 2:00 p.m. (New York time) on the Servicer Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of preceding each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officer's Certificate to the Certificate Administrator interest on such amounts at Trustee (i) stating that the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation elects not to make any Monthly Interest Payment an Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, in a stated amount and (ii) detailing the amount that would otherwise be required reason it deems the advance to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenonrecoverable.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 1), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 2), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Equity Loan Ser 2003-4)

Advances. (a) In the event If any Monthly Payment on a Mortgage Loan that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed was due on the Trust Loan (including, without limitation, all immediately preceding Due Date or any portion thereof that constitutes an REO Trust Loan) due during any calendar month has not been received by the close of business related Collection Period 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 calendar monthMonthly Payment net of the related Servicing Fee for such Mortgage Loan, then 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 foregoing and in the absence of such 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, subject been completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Master Servicer shall present an Officer’s Certificate to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (Indenture Trustee and the Special Bond Insurer with respect to the Mortgage Loans, (i) stating that the Master Servicer has elects not determined that such to make an Advance would in a stated amount and (ii) detailing the reason it deems the advance to be a Nonrecoverable Advance), shall on . The Master Servicer will include in the Remittance Date in such calendar month Report a list of each Mortgage Loan for which it does not make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, Advance in an amount equal to all accordance with this Section. Such Advances may be made in whole or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until part from funds are available in the Collection Account being held for payment of such fee) due future distribution or deemed due withdrawal on the Trust Loan that was delinquent as of the close of business on the Determination Date or in such calendar month; provided, that neither the Servicer nor any other party connection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so used shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received replaced by the Master Servicer or the Certificate Administrator, as applicable, from its own funds by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, Collection Account on or before the amount of fourth Business Day preceding any Assumed Monthly Interest Payment deemed due with respect Date to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, extent that funds in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made Collection Account with respect to such modified Trust Loan Payment Date shall be in less than payments to Securityholders required to be made on such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5date. In the event that the Master Servicer does not remit determines that, with respect to any amounts Payment Date, it will be unable to deposit in the Collection Account an amount equal to the Advance required to be remitted made not later than the third Business Day immediately preceding the related Payment Date in the amount determined by the Master Servicer pursuant to this Section 4.04, it shall give notice to the Certificate Administrator on each Remittance Date Indenture Trustee of its inability to Advance (including any amounts required to such notice may be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Dategiven by telecopy), the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m.not later than 4:00 PM, New York City time, on the Remittance third Business Day immediately preceding the related Payment Date, if specifying the Certificate Administrator has not received portion of such amount that it will be unable to deposit. Not later than 12:00 PM, New York time, on the related Payment Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Payment Account the entire amount of a Monthly Interest the Advances required to be made for the related Payment Advance required Date, pursuant to this Section 3.23(a). In addition4.04, the Certificate Administrator Indenture Trustee shall notify (a) terminate all of the Trustee by telephone rights and electronically if as obligations of 11:00 a.m.the Master Servicer under this Servicing Agreement in accordance with Section 6.01 and (b) assume the rights and obligations of the Master Servicer hereunder, New York City time, on any Distribution Date if including the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds deposit in the Payment Account an amount equal to pay such Property Protection the Advance or to perform for the action requiring such Property Protection AdvancePayment Date.

Appears in 4 contracts

Samples: Servicing Agreement (IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-6), Servicing Agreement (IMPAC CMB Trust Series 2005-5), Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment or any Default Interest, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on such Remittance Date. (For the Remittance Date on which avoidance of doubt, neither the Monthly Interest Payment Advance is Trustee nor the Servicer will have any obligation to be mademake any principal and/or interest debt service advances with respect to any Companion Loan). The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Whole Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall maintain a record of each Monthly Interest Payment Advance it has made continue to make advances as required pursuant to this Section 3.23(a) on with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest such Loan Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.had not

Appears in 4 contracts

Samples: Trust and Servicing Agreement (BBCMS Mortgage Trust 2019-C4), Trust and Servicing Agreement (CSAIL 2018-Cx11 Commercial Mortgage Trust), Trust and Servicing Agreement (UBS Commercial Mortgage Trust 2017-C7)

Advances. (a) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as As of the close of business on the Determination Date in such calendar month; providedlast day of each Collection Period, that neither if the Servicer nor any payments by or on behalf of the Obligor on a Precomputed Receivable (other party than an Administrative Receivable or a Warranty Receivable) after application under Section 5.03(a) shall be entitled to interest accrued on less than the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Scheduled Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect determined as of the Trust Loan is received by the Servicer or the Certificate AdministratorClosing Date), as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced whether as a result of any modification or extension granted to the Trust LoanObligor or otherwise, then the Deferred Prepayment, if any, with respect to such Precomputed Receivable shall be applied by the Servicer to the extent of the shortfall, and such Deferred Prepayment shall be reduced accordingly. Subject to the provisions of the last sentence of this paragraph, the Servicer shall deposit an amount equal to such shortfall (each, a "Precomputed Advance") in the Collection Account on the Business Day immediately preceding the related Payment Date. In addition, as of the last day of a Collection Period, if the payments during such Collection Period by or on behalf of the Obligor on or in respect of a Simple Interest Receivable (other than an Administrative Receivable or a Warranty Receivable) after application under Section 5.03(a) shall be less than the Scheduled Payment (determined as of the Closing Date), whether as a result of any Monthly modification or extension granted to the Obligor or otherwise, then an amount equal to the product of the principal balance of such Receivable as of the first day of the related Collection Period and one-twelfth of its Annual Percentage Rate minus the amount of interest actually received on such Receivable during the Collection Period (each, a "Simple Interest Advance") shall be deposited by the Servicer into the Collection Account on the Business Day immediately preceding the related Payment Advance Date. If such a calculation in respect of a Simple Interest Receivable results in a negative number, an amount equal to such negative amount shall be paid to the Servicer in reimbursement of any outstanding Simple Interest Advances made with respect to such modified Trust Loan shall Receivable. In addition, in the event that a Simple Interest Receivable becomes a Liquidated Receivable, the amount of accrued and unpaid interest thereon (but not including interest for the current Collection Period) shall, up to the amount of any outstanding Simple Interest Advances made with respect to such Receivable, be withdrawn from the Collection Account and paid to the Servicer in such amounts as may be required as a result reimbursement of such reductionoutstanding Simple Interest Advances. No Advances will be made with respect to the Principal Balance of Simple Interest Receivables. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts be required to be remitted to make an Advance (other than a Simple Interest Advance in respect of an interest shortfall arising from the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Prepayment of a Simple Interest Payment AdvanceReceivable) to the Certificate Administrator for deposit extent that the Servicer, in the Distribution Account on the Remittance Dateits sole discretion, the Servicer shall pay to the Certificate Administrator interest on determine that such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required is unlikely to be advanced recovered from subsequent payments made by or on behalf of the related Obligor, Liquidation Proceeds, by the Servicer in Administrative Purchase Payment or by the Warranty Purchase Payment with respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying to such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) Receivable or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceotherwise.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Toyota Motor Credit Receivables Corp), Sale and Servicing Agreement (Toyota Motor Credit Receivables Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp)

Advances. (a) In the event that all a Monthly Payment (or an Assumed Monthly Payment, as applicable) (other than the Balloon Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due (other than any Balloon Payment) on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or an Assumed Monthly Payment, as applicable), or any such portion of such the Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date Business Day immediately prior to such Remittance Date, in each case, net of the Servicing Fee (which will not be paid to the Servicer until the funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to any the Trust Loan if the related Monthly Interest Payment (or, if applicable, the or an Assumed Monthly Interest Payment, as applicable) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related such Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and the amount allocated to the related Note on a Note-by-Note Basis and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer Notwithstanding anything herein to the contrary, Monthly Payment Advances with respect to the Trust Loan shall have no obligation be reimbursed solely out of amounts allocated to make the Trust Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Companion Loans, and Companion Loan Advances with respect to any Monthly Interest Payment Advance for any Companion Loan shall be reimbursed solely out of amounts allocated to such Companion Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Trust Loan or the other Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of principal and interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the applicable Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 3 contracts

Samples: Trust and Servicing Agreement (CSAIL 2016-C5 Commercial Mortgage Trust), Trust and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2017-C39), Trust and Servicing Agreement (CSAIL 2017-Cx9 Commercial Mortgage Trust)

Advances. (a) In The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the event that all Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Remittance Date in immediately available funds. The Company or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Paymentthe 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 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 Company or the related Servicer, as the case may be, shall deliver (i) representing interest due or deemed due on to the Trust Loan Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (includingii) to the Depositor, without limitationthe 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 Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any portion thereof that constitutes an REO Trust LoanAmounts Held for Future Distribution has been used by the Company in discharge of its obligation to make any such Advance and (ii) during any calendar month has not been received transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Company by deposit in the Distribution Account, no later than the close of business on the Determination Remittance Date in immediately preceding the Distribution Account Deposit Date on which such calendar monthfunds are required to be distributed pursuant to this Agreement. Each Servicer will discontinue making advances with respect to any Mortgage Loan that becomes 90 days delinquent. In addition, then the Servicer, subject to its determination that such amounts (together with interest thereon each Servicer must charge off a Mortgage Loan at the Advance Interest Rate compounded annually) are time such Mortgage Loan becomes 180 days delinquent unless such Servicer reasonably believes that it may be able to obtain a significant net recovery through foreclosure proceedings or other conversion of the related mortgaged property. Once a Mortgage Loan is charged off, the related Servicer will not Nonrecoverable Advances (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 Special Mortgage Loan will be treated as a liquidated Mortgage Loan giving rise to a Realized Loss. If the related Servicer has not determined determines that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all significant net recovery is possible through foreclosure proceedings or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion liquidation of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due related mortgaged property on the Trust a Mortgage Loan that was delinquent as of becomes 90 days delinquent, the close of business related Servicer may continue making advances on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party Mortgage Loan. The Company shall be entitled to interest accrued on be reimbursed from the amount Protected Account for all Advances of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has its own funds made pursuant to this Section 3.23(a) on the Trust Loan and as provided in Section 5.02; provided, however, such reimbursement shall notify the Certificate Administrator thereof be limited to funds received from Mortgage Loans in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator related Loan Group for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on which such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance dateAdvance was made. The Servicer shall have no obligation to make Advances with respect to any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the amount that would otherwise be required to be advanced by related Mortgaged Property or related REO Property has been liquidated or until the Servicer in respect of delinquent payments of interest on purchase or repurchase thereof (or substitution therefor) from the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required Fund pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions applicable provision of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account except as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceotherwise provided in this Section 6.01.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (SACO I Trust 2006-5), Pooling and Servicing Agreement (SACO I Trust 2006-5), Pooling and Servicing Agreement

Advances. (a) In the event that all a Monthly Payment (or an Assumed Monthly Payment, as applicable) (other than the Balloon Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due (other than any Balloon Payment) on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or an Assumed Monthly Payment, as applicable), or any such portion of such the Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of on such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date Business Day immediately prior to such Remittance Date, in each case, net of the Servicing Fee (which will not be paid to the Servicer until the funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the or an Assumed Monthly Interest Payment, as applicable) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related such Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and the amount allocated to the related Note on a Note-by-Note Basis and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation Notwithstanding anything herein to make any the contrary, if a Monthly Interest Payment Advance for any is made with respect to the Trust Loan pursuant to the terms hereof, then that Monthly Payment Advance, together with interest thereon, shall be reimbursed (with respect to both the related A Note and Note B), pro rata and pari passu with monthly interest advances on the Companion LoanLoans. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of principal and interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the applicable Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 3 contracts

Samples: Trust and Servicing Agreement (GS Mortgage Securities Trust 2016-Gs3), Trust and Servicing Agreement (Gs Mortgage Securities Corp Ii), Trust and Servicing Agreement (GS Mortgage Securities Trust 2015-Gs1)

Advances. (a) In the event that all or If any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicabletogether with any advances from the Subservicers) representing interest due or deemed on a Mortgage Loan that was due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business 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 such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at Collection Account not later than the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to immediately preceding the Certificate Administrator for deposit into the related Distribution Account, in Date an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and deficiency net of the related Servicing Fee which shall not be paid for such Mortgage Loan, except to the extent the Servicer until determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on such Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer may fund an Advance from its own corporate funds, advances made by any subservicer or funds are available 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 such fee) due or deemed due 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 Trust delinquent Mortgage Loan that was delinquent as of the close of business with respect to which an Advance is made. If on the Determination Servicer Remittance Date prior to any Distribution Date funds in such calendar month; provided, the Collection Account are less than the amount that neither would have been paid to the Certificateholders had the Servicer nor any other party not withdrawn such funds on such Distribution Date, then the Servicer shall be entitled to interest accrued on deposit its own funds into the Distribution Account in the amount of the lesser of (i) any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received unreimbursed Advances previously made by the Servicer with funds held in the Collection Account or (ii) the Certificate Administratorshortfall in the Collection Account, as applicableprovided, by 2:00 p.m. (New York time) 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 the Remittance Date on Mortgage Loans which the Monthly Interest Payment Advance is Servicer deems to be maderecoverable and which has not been covered by an Advance from the Servicer’s own corporate funds or any subservicer’s funds. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan is not later than the related Remittance Date, entitled to the Certificate Administrator for deposit in the Distribution Account, the amount reimbursement of any Assumed Monthly Interest Payment deemed due with respect Advance unless such Advance was paid from corporate funds or was advanced to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest)it by any Advance Facility. For the avoidance of doubtIf applicable, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the preceding each Distribution Account on the Remittance Date, the Servicer shall pay present an Officers’ Certificate to the Certificate Administrator interest on such amounts at Trustee and the federal funds rate for Class A-1 Insurer (i) stating that the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation elects not to make any Monthly Interest Payment an Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, in a stated amount and (ii) detailing the amount that would otherwise be required reason it deems the advance to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenonrecoverable.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing LLC), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-2), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)

Advances. (a) In the event that all a Monthly Payment (or an Assumed Monthly Payment, as applicable) (other than the Balloon Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due (other than any Balloon Payment) on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or an Assumed Monthly Payment, as applicable), or any such portion of such the Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date Business Day immediately prior to such Remittance Date, in each case, net of the Servicing Fee (which will not be paid to the Servicer until the funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to any the Trust Loan if the related Monthly Interest Payment (or, if applicable, the or an Assumed Monthly Interest Payment, as applicable) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related such Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and the amount allocated to the related Note on a Note-by-Note Basis and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer Notwithstanding anything herein to the contrary, Monthly Payment Advances with respect to the Trust Loan shall have no obligation be reimbursed solely out of amounts allocated to make the Trust Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Companion Loans, and Companion Loan Advances with respect to any Monthly Interest Payment Advance for any Companion Loan shall be reimbursed solely out of amounts allocated to such Companion Loan pursuant to the Co- Lender Agreement and will not be reimbursed out of amounts allocated to the Trust Loan or the other Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of principal and interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the applicable Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 3 contracts

Samples: Trust and Servicing Agreement (CSAIL 2016-C6 Commercial Mortgage Trust), Trust and Servicing Agreement (Morgan Stanley Capital I Trust 2016-Ubs9), Trust and Servicing Agreement (CSAIL 2016-C7 Commercial Mortgage Trust)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment representing interest and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due principal, if any, on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the such Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the such Remittance Date on which the Monthly Interest Payment Advance is to be madeDate. The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the master servicer and trustee with respect to each Companion Loan Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business Days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of described in this Section 3.23(a) or any other contrary provisions of this Agreement, any with respect to the portion of a the Trust Loan evidenced by the Trust Notes that have been repurchased from the Trust Fund by the related Loan Seller as contemplated in Section 2.7(b). Neither the Servicer nor the Trustee shall have any obligation to make Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® Advances on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceSenior Pari Passu Companion Loans.

Appears in 3 contracts

Samples: Trust and Servicing Agreement (Citigroup Commercial Mortgage Trust 2016-P6), Trust and Servicing Agreement (Citigroup Commercial Mortgage Trust 2016-P5), Trust and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2016-C30)

Advances. (a) In With respect to the Trust Loan, in the event that all a Monthly Payment (other than any Balloon Payment, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on (adjusted to the Trust Loan (includingapplicable Note Rate minus the Servicing Fee Rate) and/or principal, without limitationif any, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately preceding the related Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on the Trust Loan on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) representing interest (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid allocable to the Servicer until funds are available in the Collection Account for payment of such feeTrust Loan) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in Business Day immediately prior to such calendar monthRemittance Date; provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on such Remittance Date; and provided, further, that any portion of the Monthly Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date on which the Monthly Interest Payment Advance is to be madeDate. The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Loan, for deposit into the Distribution Account not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Loan Payment Date (or Assumed Payment Date) (excluding the principal portion net of the Balloon Payment and Default InterestServicing Fee). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a REO Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date or Assumed Payment 112 Date, as applicable, as if the Property had not become a REO Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the master servicer and trustee with respect to each Other Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two (2) Business days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall will have no obligation to make any Monthly Interest Payment Advance for any Advances on the Companion LoanLoans. At any time that an a Trust Appraisal Reduction Amount existsexists with respect to the Trust Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance Stated Principal Balance of the Trust Loan minus the portion of the Trust Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance Stated Principal Balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 3 contracts

Samples: Trust and Servicing Agreement (Morgan Stanley Capital I Trust 2016-Bnk2), Trust and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2016-C31), Trust and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2016-C30)

Advances. (a) In the event that all or any portion of a Monthly Interest Debt Service Payment Amount (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Debt Service Payment Amount (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Debt Service Payment Amount (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 3 contracts

Samples: Trust and Servicing Agreement (Bank 2022-Bnk41), Trust and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2022-C62), Trust and Servicing Agreement (Morgan Stanley Capital I Trust 2022-L8)

Advances. (a) In the event If any Monthly Payment on a Mortgage Loan that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed was due on the Trust Loan (including, without limitation, all immediately preceding Due Date or any portion thereof that constitutes an REO Trust Loan) due during any calendar month has not been received by the close of business related Due Period and delinquent on the a Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case is delinquent other than the principal portion as a result of application of the Balloon Payment and net of the Servicing Fee which shall not be paid to Relief Act, the Servicer until funds are available will deposit in the Collection Protected Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Servicer Remittance DateDate an amount equal to such Monthly Payment net of the related Servicing Fee for such Mortgage Loan, except to the Certificate Administrator for deposit extent the 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 foregoing and in the Distribution Accountabsence of such a determination, the amount of any Assumed Monthly Interest Payment deemed due with respect Servicer shall continue to make such advances through the Trust Loan on such Payment Date (date that the related Mortgaged Property or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubtREO Property has, in the event that judgment of the amount of interest on Servicer, been completely liquidated. No later than the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of fourth Business Day preceding each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officer’s Certificate to the Certificate Administrator interest on such amounts at Master Servicer with respect to the federal funds rate for Mortgage Loans, (i) stating that the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation elects not to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant in a stated amount and (ii) detailing the reason it deems the advance to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then . The Servicer will include in the Remittance Report a list of each Mortgage Loan for which it does not make a Monthly Advance in accordance with this Section. Such Monthly Advances may be made in whole or in part from funds in the Protected Account being held for future distribution or withdrawal on or in connection with Distribution Dates in subsequent months. Any funds being held for future distribution to Certificateholders and so used shall be replaced by the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds by deposit in the Protected Account prior to pay the related Servicer Remittance Date to the extent that funds in the Protected Account with respect to the related Distribution Date shall be less than payments to Certificateholders required to be made on such Property Protection Advance or date. Any Advances made on any mortgage loan will be reduced to perform reflect any related servicing modifications previously made. The mortgage rate and Net Mortgage Rate as to any mortgage loan will be deemed not reduced by any servicing modification, so that the action requiring such Property Protection Advancecalculation of accrued note interest (as defined in the prospectus supplement) payable on the Offered Certificates will not be affected by the servicing modification.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-5), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-4)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment or any Default Interest, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on such Remittance Date. (For the Remittance Date on which avoidance of doubt, neither the Monthly Interest Payment Advance is Trustee nor the Servicer will have any obligation to be mademake any principal and/or interest debt service advances with respect to any Companion Loan). The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Whole Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify each Other Servicer, Other Special Servicer and Other Trustee of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business Days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount existsexists with respect to the Trust Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable allocated to the Trust Loan, Loan and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of described in this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended with respect to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because Trust Loan if it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts has been repurchased from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if by the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceLoan Seller as contemplated in Section 2.8(b).

Appears in 2 contracts

Samples: Trust and Servicing Agreement (BBCMS Mortgage Trust 2019-C3), Trust and Servicing Agreement (BBCMS Mortgage Trust 2019-C5)

Advances. The Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, all Scheduled Payments (awith interest at the Mortgage Rate less the Servicing Fee Rate) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed which were due on the Trust related Mortgage Loans during the applicable Collection Period; provided however, that with respect to any Balloon Loan (includingthat is delinquent on its maturity date, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has the Servicer will not been received by be required to advance the close of business on the Determination Date related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, Balloon Loan in an amount equal to all or such portion of such Monthly Interest Payment an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (or Assumed Monthly Interest Payment, as applicable) (in each case other than with interest at the principal portion of the Balloon Payment and net of Mortgage Rate less the Servicing Fee which shall not be paid Rate). The Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the Servicer until funds are available payment in the Collection Account for payment full of such feeMortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) due or deemed due on from the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect Fund pursuant to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect terms of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be madethis Agreement. The Servicer shall not be required to advance in respect shortfalls of each Payment Date (principal or Assumed Payment Date) following a delinquency in interest resulting from the payment application of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, Relief Act. The Servicer shall be obligated to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due make Advances with respect to those Mortgage Loans serviced by it in accordance with the Trust provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan on such Payment Date (or Assumed Payment Date) (excluding shall cease if the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubtServicer determines, in the event its sole discretion, that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made Advances with respect to such modified Trust Mortgage Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5are Nonrecoverable Advances. In the event that the Servicer does not remit determines that any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Datesuch Advances are Nonrecoverable Advances, the Servicer shall pay to provide the Certificate Administrator interest on Trustee with a certificate signed by a Servicing Officer evidencing such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance datedetermination. The Servicer shall have no obligation to make any Monthly Interest Payment If an Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be is required to be advanced by made hereunder, the Servicer in respect of delinquent payments of interest shall on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, Servicer Remittance Date immediately following the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Determination Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on either (i) deposit in the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds an amount equal to pay such Property Protection 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 permitted by this Section 4.01, used by the Servicer to make such Advance or to perform (iii) make Advances in the action requiring form of any combination of clauses (i) and (ii) aggregating the amount of such Property Protection 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 or from other funds in the Collection Account being held for future distribution, if available.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2007-2), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Advances. (a) In the event that all or If any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicabletogether with any advances from the Subservicers) representing interest due or deemed on a Mortgage Loan that was due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business 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 such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at Collection Account not later than the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and fourth Business Day immediately preceding the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance related Payment Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and deficiency net of the related Servicing Fee which shall not be paid for such Mortgage Loan, except to the extent the Servicer until determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on such Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer may fund an Advance from its own corporate funds, advances made by any subservicer or funds are available 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 such fee) due or deemed due 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 Trust delinquent Mortgage Loan that was delinquent as of the close of business with respect to which an Advance is made. If on the Determination fourth Business Day prior to any Payment Date funds in the Collection Account are less than the amount required to be paid to the Bondholders on such calendar month; providedPayment Date, that neither then the Servicer nor any other party shall be entitled to interest accrued on deposit its own funds into the Payment Account in the amount of the lesser of (i) any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received unreimbursed Advances previously made by the Servicer with funds held in the Collection Account or (ii) the Certificate Administratorshortfall in the Collection Account, as 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, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of fourth Business Day preceding each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officer's Certificate to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlierBond Administrator, the actual remittance dateIndenture Trustee and the Bond Insurer (i) stating that the Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. The Servicer Bond Administrator shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect forward a copy of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable Officer's Certificate to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceBond Insurer.

Appears in 2 contracts

Samples: Servicing Agreement (Residential Asset Funding Corp), Servicing Agreement (Novastar Mortgage Funding Corp)

Advances. If any Monthly Payment on a Mortgage Loan (aother than Balloon Payments) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed was due on the Trust Loan immediately preceding Due Date (including, without limitation, all or any portion thereof that constitutes with respect to an REO Trust ARM Loan) or due during any calendar month has not been received by the close of business related Collection Period (with respect to a High LTV Loan) 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 calendar monthMonthly Payment (with respect to an ARM Loan) or the interest portion of such Monthly Payment (with respect to a High LTV Loan) net of the related Servicing Fee and CMAC PMI Policy Fee for such Mortgage Loan, then 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 foregoing and in the absence of such 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, subject been completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Master Servicer shall present an Officer's Certificate to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (Indenture Trustee and the Special Bond Insurer with respect to the ARM Loans, (i) stating that the Master Servicer has elects not determined that such to make an Advance would in a stated amount and (ii) detailing the reason it deems the advance to be a Nonrecoverable Advance), shall on . Such an Officer's Certificate is not required with respect to to the Remittance Date in such calendar month Master Servicer's determination not to make an advance Advance in connection with a High LTV Loan. The Master Servicer will include in the Determination Date Report a list of each ARM Loan or High LTV Loan for remittance to the Certificate Administrator for deposit into the Distribution Account, which it does not make an Advance in an amount equal to all accordance with this Section. Such Advances may be made in whole or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until part from funds are available in the Collection Account being held for payment of such fee) due future distribution or deemed due withdrawal on the Trust Loan that was delinquent as of the close of business on the Determination Date or in such calendar month; provided, that neither the Servicer nor any other party connection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so used shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received replaced by the Master Servicer or the Certificate Administrator, as applicable, from its own funds by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, Collection Account on or before the amount of fourth Business Day preceding any Assumed Monthly Interest Payment deemed due with respect Date to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, extent that funds in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made Collection Account with respect to such modified Trust Loan Payment Date shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant less than payments to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts Securityholders required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest made on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 2 contracts

Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset-Backed BDS Ser 1999-2), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 1999-1)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment or any Default Interest, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on such Remittance Date; and provided further, that any portion of the Monthly Payment Advance intended to cover the CREFC@ Licensing Fee shall be advanced directly to CREFC@ on the applicable Remittance Date on which Date. (For the Monthly Interest Payment Advance is avoidance of doubt, neither the Trustee nor the Servicer will have any obligation to be mademake any principal and/or interest debt service advances with respect to any Companion Loan). The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Whole Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.21, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.21(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify each Companion Loan Servicer, Companion Loan Special Servicer and Companion Loan Trustee of the amount of any Monthly Payment Advance made pursuant to this Section 3.21(a) within two (2) Business Days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a3.21(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an a Trust Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Trust Appraisal Reduction Amount allocable to the (including any deemed Trust Loan, Appraisal Reduction Amount) and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to as described in this Section 3.23(a). In addition, 3.21(a) with respect to the Certificate Administrator shall notify the Trustee by telephone and electronically Trust Loan if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer it has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts repurchased from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if by the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceLoan Sellers as contemplated in Section 2.8(b).

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Bank 2020-Bnk25), Trust and Servicing Agreement (Bank 2019-Bnk23)

Advances. If any Monthly Payment on a Mortgage Loan (aother than Balloon Payments) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed was due on the Trust Loan immediately preceding Due Date (including, without limitation, all or any portion thereof that constitutes an REO Trust with respect to a Non-High CLTV Loan) or due during any calendar month has not been received by the close of business related Collection Period (with respect to a High CLTV Loan) 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 calendar monthMonthly Payment (with respect to a Non-High CLTV Loan) or the interest portion of such Monthly Payment (with respect to a High CLTV Loan) net of the related Servicing Fee and Radian PMI Policy Fee for such Mortgage Loan, then 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 foregoing and in the absence of such 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, subject been completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Master Servicer shall present an Officer's Certificate to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (Indenture Trustee and the Special Bond Insurer with respect to the Mortgage Loans, (i) stating that the Master Servicer has elects not determined that such to make an Advance would in a stated amount and (ii) detailing the reason it deems the advance to be a Nonrecoverable Advance), shall on . The Master Servicer will include in the Remittance Date in such calendar month Report a list of each Non-High CLTV Loan or High CLTV Loan for which it does not make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, Advance in an amount equal to all accordance with this Section. Such Advances may be made in whole or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until part from funds are available in the Collection Account being held for payment of such fee) due future distribution or deemed due withdrawal on the Trust Loan that was delinquent as of the close of business on the Determination Date or in such calendar month; provided, that neither the Servicer nor any other party connection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so used shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received replaced by the Master Servicer or the Certificate Administrator, as applicable, from its own funds by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, Collection Account on or before the amount of fourth Business Day preceding any Assumed Monthly Interest Payment deemed due with respect Date to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, extent that funds in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made Collection Account with respect to such modified Trust Loan Payment Date shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant less than payments to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts Securityholders required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest made on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 2 contracts

Samples: Servicing Agreement (Imh Assets Corp), Servicing Agreement (Imh Assets Corp)

Advances. (a) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its or the Special Servicer’s determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and Default Interest, and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. 141 At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (BBCMS Mortgage Trust 2022-C15), Trust and Servicing Agreement (Morgan Stanley Capital I Trust 2022-L8)

Advances. (a) In If the event that all Monthly Payment on a Loan or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or application of the close of business on the Determination Date in such calendar monthRelief Act, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special related Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month fails to make an advance for remittance of the delinquent amount pursuant to the Certificate Administrator for related Servicing Agreement, the Master Servicer shall deposit into in the related Distribution Account, from its own funds or from amounts on deposit in the related Distribution Account that are held for future distribution, not later than the related Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Paymentdelinquency, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid and Master Servicing Fee for such Loan except to the extent the Master Servicer until funds are available determines any such advance to be 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 the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received Master Servicer's records and replaced by the Master Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the related Distribution Account on the Remittance Date, the Servicer shall pay or before any future Distribution Account Deposit Date to the Certificate Administrator interest on such amounts at extent that the federal funds rate Group I Available Distribution Amount, Group II Available Distribution Amount or Group III Available Distribution Amount for the period from and including the Remittance Date to but excluding the related Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation (determined without regard to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required Advances to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date Distribution Account Deposit Date) shall be less than the total amount that would be distributed to the related Classes of Certificateholders pursuant to this Section 3.23(a)4.1 and 4.3 on such Distribution Date if such amounts held for future distributions had not been so used to make Advances. Notwithstanding Subject to the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this foregoing, the Master Servicer shall continue to make such Advances through the date that the related Servicer is required to do so under its Servicing Agreement. If applicable, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance related Distribution Account Deposit Date. If , the Master Servicer and shall present an Officer's Certificate to the Trustee do (i) stating that the Master Servicer elects not to make an Advance in a Property Protection Advance because stated amount and (ii) detailing the reason it would deems the advance to be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenonrecoverable.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Mortgage Sec Inc Mort Loan Tr Ser 2004-1), Pooling and Servicing Agreement (Deutsche Mortgage Sec Inc Mort Loan Tr Ser 2004-1)

Advances. (a) In If the event that all Borrower desires to make a Borrowing under this Agreement it shall give the Facility Agent (with a copy to the Collateral Agent) (and the Facility Agent shall notify each Revolving Lender or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest PaymentTerm Lender, as applicable) representing interest due or deemed due a written notice (each, a “Notice of Borrowing”) for such Borrowing (which notice shall be irrevocable and effective upon receipt by the Facility Agent) not later than 11:00 a.m. at least two Business Days prior to the day of the requested Borrowing or, in the case of a Borrowing on the Trust Loan (includingClosing Date, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon later than 11:00 a.m. at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance least one Business Day prior to the Certificate Administrator for deposit into Closing Date. If the Distribution AccountRevolving Commitment Termination Date occurs as a result of clause (a) of the definition of Revolving Period, on such date the Borrower shall request a Revolving Borrowing in an amount at least equal to all or the Collateral Exposure Amount and such portion Borrowing shall be deposited, in respect of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment Collateral Exposure Amount relating to unfunded amounts in respect of Revolving Collateral Loans and net Delayed Drawdown Collateral Loans, to the Revolving Reserve Account, and in respect of the Servicing Fee which shall not be paid portion of the Collateral Exposure Amount relating to unsettled purchases, to the Servicer Principal Collection Account until funds are available reduced to zero and terminated. Each Notice of Borrowing shall be substantially in the Collection Account form of Exhibit B hereto, dated the date the request for payment of such fee) due the related Borrowing is being made, indicating whether the requested Borrowing is to be a Revolving Borrowing or deemed due on the Trust Loan that was delinquent as a Term Borrowing, signed by a Responsible Officer of the close Borrower or the Collateral Manager on its behalf, and otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party Borrowing shall be entitled a Business Day falling on or prior to interest accrued on the applicable Commitment Termination Date, and the amount of the Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least, in the case of any Monthly Interest Payment Advance with respect to Revolving Borrowing, $500,000 or, in the Trust Loan if the related Monthly Interest Payment case of any Term Borrowing, $1,000,000, or, in each case, an integral multiple of $500,000 in excess thereof (or, if applicableless, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interestremaining unfunded Commitments hereunder). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 2 contracts

Samples: Credit and Security Agreement (TCW Direct Lending VII LLC), Credit and Security Agreement (TCW Direct Lending VIII LLC)

Advances. (a) In the event that all or If any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicabletogether with any advances from the Subservicers) representing interest due or deemed on a Mortgage Loan that was due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business 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 such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at Collection Account not later than the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to immediately preceding the Certificate Administrator for deposit into the related Distribution Account, in Date an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and deficiency net of the related Servicing Fee which shall not be paid for such Mortgage Loan, except to the extent the Servicer until determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on such Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer may fund an Advance from its own corporate funds, advances made by any subservicer or funds are available 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 such fee) due or deemed due 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 Trust delinquent Mortgage Loan that was delinquent as of the close of business with respect to which an Advance is made. If on the Determination Servicer Remittance Date prior to any Distribution Date funds in the Collection Account are less than the amount required to be paid to the Certificateholders on such calendar month; providedDistribution Date, that neither then the Servicer nor any other party shall be entitled to interest accrued on deposit its own funds into the Distribution Account in the amount of the lesser of (i) any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received unreimbursed Advances previously made by the Servicer with funds held in the Collection Account or (ii) the Certificate Administratorshortfall in the Collection Account, as 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, by 2:00 p.m. (New York time) on the Servicer Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of preceding each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officer's Certificate to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust LoanAdministrator, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify Trustee (i) stating that the Servicer elects not to make an Advance in a stated amount and (ii) detailing the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on reason it deems the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant advance to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenonrecoverable.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Series 2002-2), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3)

Advances. (a) In the event If any Monthly Payment on a Mortgage Loan that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed was due on the Trust Loan (including, without limitation, all immediately preceding Due Date or any portion thereof that constitutes an REO Trust Loan) due during any calendar month has not been received by the close of business related Due Period and delinquent on the a Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case is delinquent other than the principal portion as a result of application of the Balloon Payment and net of the Servicing Fee which shall not be paid to Relief Act, the Servicer until funds are available will deposit in the Collection Protected Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Servicer Remittance DateDate an amount equal to such Monthly Payment net of the related Servicing Fee for such Mortgage Loan, except to the Certificate Administrator for deposit extent the 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 foregoing and in the Distribution Accountabsence of such a determination, the amount of any Assumed Monthly Interest Payment deemed due with respect Servicer shall continue to make such advances through the Trust Loan on such Payment Date (date that the related Mortgaged Property or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubtREO Property has, in the event that judgment of the amount of interest on Servicer, been completely liquidated. No later than the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest fourth Business Day preceding each Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officer’s Certificate to the Certificate Administrator interest on such amounts at Master Servicer with respect to the federal funds rate for Mortgage Loans, (i) stating that the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation elects not to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant in a stated amount and (ii) detailing the reason it deems the advance to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then . The Servicer will include in the Remittance Report a list of each Mortgage Loan for which it does not make a Monthly Advance in accordance with this Section. Such Monthly Advances may be made in whole or in part from funds in the Protected Account being held for future distribution or withdrawal on or in connection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so used shall be replaced by the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds by deposit in the Protected Account prior to pay the related Servicer Remittance Date to the extent that funds in the Protected Account with respect to the related Payment Date shall be less than payments to Securityholders required to be made on such Property Protection Advance or date. Any Advances made on any Mortgage Loan will be reduced to perform reflect any related servicing modifications previously made. The Mortgage Rate and Net Mortgage Rate as to any Mortgage Loan will be deemed not reduced by any servicing modification, so that the action requiring such Property Protection Advancecalculation of any Available Funds Rate will not be affected by the servicing modification.

Appears in 2 contracts

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2007-1), Servicing Agreement (American Home Mortgage Investment Trust 2007-1)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment, any Default Interest but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on such Remittance Date. (For the Remittance Date on which avoidance of doubt, neither the Monthly Interest Payment Advance is Trustee nor the Servicer will have any obligation to be mademake any principal and/or interest debt service advances with respect to the Companion Loans). The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Whole Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the Other Servicer and Other Trustee with respect to each Companion Loan Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two (2) Business Days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount existsexists with respect to the Trust Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable allocated to the Trust Loan, Loan and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of described in this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended with respect to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because Trust Loan if it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts has been repurchased from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceby a Loan Seller as contemplated in Section 2.8(b).

Appears in 2 contracts

Samples: Trust and Servicing Agreement (CSAIL 2018-C14 Commercial Mortgage Trust), Trust and Servicing Agreement (UBS Commercial Mortgage Trust 2018-C12)

Advances. (a) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its or the Special Servicer’s determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and Default Interest, and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.. 136

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Bank 2021-Bnk33), Trust and Servicing Agreement (Benchmark 2021-B25 Mortgage Trust)

Advances. (a) In the event that all a Monthly Payment (or an Assumed Monthly Payment, as applicable) (other than the Balloon Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due (other than any Balloon Payment) on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or an Assumed Monthly Payment, as applicable), or any such portion of such the Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date Business Day immediately prior to such Remittance Date, in each case, net of the Servicing Fee (which will not be paid to the Servicer until the funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest 108 accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the or an Assumed Monthly Interest Payment, as applicable) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related such Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and the amount allocated to the related Note on a Note-by-Note Basis and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation Notwithstanding anything herein to make any the contrary, if a Monthly Interest Payment Advance for any is made with respect to the Trust Loan pursuant to the terms hereof, then that Monthly Payment Advance, together with interest thereon, shall be reimbursed (with respect to both the related A Notes and the B Notes), pro rata and pari passu with monthly interest advances on the Companion LoanLoans. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of principal and interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the applicable Appraisal Reduction Amount (or portion thereof allocable to the Trust Loan, Loan pursuant to the Co-Lender Agreement) and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (GS Mortgage Securities Trust 2017-Gs5), Trust and Servicing Agreement (JPMDB Commercial Mortgage Securities Trust 2017-C5)

Advances. (a) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance Subject to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment terms and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions conditions of this Agreement, each Lender severally agrees to make Loans (other than Swing Loans and Competitive Bid Loans) prior to the Maturity Date to the Borrower not to exceed an amount at any portion one time outstanding equal to such Lender's Lender Commitment, provided that at no time shall any Lender's Revolving Credit Exposure exceed its Lender Commitment. At no time shall the sum of the aggregate Revolving Credit Exposures plus any outstanding Swing Loans and Competitive Bid Loans exceed the Total Commitment. Each such request for a Loan by Borrower shall be deemed a request for a Loan from each Lender equal to such Lender's Percentage of the aggregate amount so requested, and such aggregate amount shall be in an amount at least equal to $1,000,000.00 and equal to a multiple of $250,000.00, or the difference between the Total Commitment and the sum of the outstanding Swing Loans plus the outstanding Competitive Bid Loans plus the aggregate Revolving Credit Exposures, whichever is less. Each repayment of the Loans (other than a repayment of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee Competitive Bid Loan) shall be advanced directly deemed a repayment of each Lender's Loan equal to CREFC® such Lender's Percentage of the amount so repaid. The obligations of the Lenders hereunder are several and not joint, and the preceding two sentences will give rise to certain inappropriate results if special provisions are not made to accommodate the failure of a Lender to fund a Loan as and when required by this Agreement; therefore, notwithstanding anything herein to the contrary, (A) no Lender shall be required to make Loans at any one time outstanding in excess of such Lender's Percentage of the Total Commitment and (B) if a Lender fails to make a Loan as and when required hereunder (each such Lender, until such failure shall be corrected, shall be called a "Defaulting Lender") and Borrower subsequently makes a repayment on the applicable Remittance Date. If Loans, such repayment shall be divided among the Servicer non-defaulting Lenders ratably in accordance with their respective Percentages until each Lender has its Percentage of all of the outstanding Loans, and the Trustee do not make a Property Protection Advance because it would balance of such repayment shall be a Nonrecoverable Advance, then divided among all of the Servicer may, but is not required to, pay such amounts from Lenders in accordance with their respective Percentages. The Loans (other than the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if Swing Loans and the Servicer does not pay such amounts, Competitive Bid Loans) shall be evidenced by the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform Revolving Notes substantially in the action requiring such Property Protection Advanceform of Exhibit C attached hereto.

Appears in 2 contracts

Samples: Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc)

Advances. (a) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as As of the close of business on the Determination Date in such calendar month; providedlast day of each Collection Period, that neither if the Servicer nor any payments by or on behalf of the Obligor on a Precomputed Receivable (other party than an Administrative Receivable or a Warranty Receivable) after application under Section 5.03(a) shall be entitled to interest accrued on less than the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Scheduled Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect determined as of the Trust Loan is received by the Servicer or the Certificate AdministratorClosing Date), as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced whether as a result of any modification or extension granted to the Trust LoanObligor or otherwise, then the Deferred Prepayment, if any, with respect to such Precomputed Receivable shall be applied by the Servicer to the extent of the shortfall, and such Deferred Prepayment shall be reduced accordingly. Subject to the provisions of the last sentence of this paragraph, the Servicer shall deposit an amount equal to such shortfall (each, a "Precomputed Advance") in the Collection Account on the Business Day immediately preceding the related Distribution Date. In addition, as of last day of a Collection Period, if the payments during such Collection Period by or on behalf of the Obligor on or in respect of a Simple Interest Receivable (other than an Administrative Receivable or a Warranty Receivable) after application under Section 5.03(a) shall be less than the Scheduled Payment (determined as of the Closing Date), whether as a result of any Monthly modification or extension granted to the Obligor or otherwise, then an amount equal to the product of the principal balance of such Receivable as of the first day of the related Collection Period and one-twelfth of its Annual Percentage Rate minus the amount of interest actually received on such Receivable during the Collection Period (each, a "Simple Interest Payment Advance Advance") shall be deposited by the Servicer into the Collection Account on the Business Day immediately preceding the related Distribution Date. If such a calculation in respect of a Simple Interest Receivable results in a negative number, an amount equal to such negative amount shall be paid to the Servicer in reimbursement of any Outstanding Advances in respect of Simple Interest Receivables. In addition, in the event that a Simple Interest Receivable becomes a Liquidated Receivable, the amount of accrued and unpaid interest thereon (but not including interest for the current Collection Period) shall, up to the amount of Outstanding Advances in respect of Simple Interest Receivables in respect thereof, be withdrawn from the Collection Account and paid to the Servicer in reimbursement of such Outstanding Advances. No Advances will be made with respect to such modified Trust Loan shall be in such amounts as may be required as a result the Principal Balance of such reductionSimple Interest Receivables. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts be required to be remitted to make an Advance (other than a Simple Interest Advance in respect of an interest shortfall arising from the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Prepayment of a Simple Interest Payment AdvanceReceivable) to the Certificate Administrator for deposit extent that the Servicer, in the Distribution Account on the Remittance Dateits sole discretion, the Servicer shall pay to the Certificate Administrator interest on determine that such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required is unlikely to be advanced recovered from subsequent payments made by or on behalf of the related Obligor, Liquidation Proceeds, by the Servicer in Administrative Purchase Payment or by the Warranty Purchase Payment with respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying to such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) Receivable or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceotherwise.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp)

Advances. (a) In the event that all a Monthly Payment (or an Assumed Monthly Payment, as applicable) (other than the Balloon Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due (other than any Balloon Payment) on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or an Assumed Monthly Payment, as applicable), or any such portion of such the Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date Business Day immediately prior to such Remittance Date, in each case, net of the Servicing Fee (which will not be paid to the Servicer until the funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to any the Trust Loan if the related Monthly Interest Payment (or, if applicable, the or an Assumed Monthly Interest Payment, as applicable) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related such Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a3.21(a) on the Trust Loan and the amount allocated to the related Trust Note on a Note-by-Note Basis and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the 118 Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer and, if applicable pursuant to Section 3.21(c), the Trustee, shall have no obligation to make notify each of the master servicer, the special servicer and the trustee under any Other Pooling and Servicing Agreement of the amount of any Monthly Interest Payment Advance for on the Trust Loan it has made within two (2) Business Days of making any such Monthly Payment Advance. Notwithstanding anything herein to the contrary, Monthly Payment Advances (other than any Nonrecoverable Advance) with respect to the Trust Loan shall be reimbursed solely out of amounts allocated to the Trust Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Companion Loan, and Companion Loan Advances (other than any Nonrecoverable Advance) with respect to the Companion Loan shall be reimbursed solely out of amounts allocated to such Companion Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Trust Loan or the other Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of principal and interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the applicable Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Wells Fargo Commercial Mortgage Securities Inc), Trust and Servicing Agreement (CSAIL 2020-C19 Commercial Mortgage Trust)

Advances. (a) In The Company shall make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the event that all Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Remittance Date in immediately available funds. The Company or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Paymentthe 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 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 Company or the related Servicer, as the case may be, shall deliver (i) representing interest due or deemed due on to the Trust Loan Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (includingii) to the Depositor, without limitationthe 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 Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any portion thereof that constitutes an REO Trust LoanAmounts Held for Future Distribution has been used by the Company in discharge of its obligation to make any such Advance and (ii) during any calendar month has not been received transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Company by deposit in the Distribution Account, no later than the close of business on the Determination Remittance Date in immediately preceding the Distribution Account Deposit Date on which such calendar monthfunds are required to be distributed pursuant to this Agreement. Each Servicer will discontinue making advances with respect to any Mortgage Loan that becomes 90 days delinquent. In addition, then the Servicer, subject to its determination that such amounts (together with interest thereon each Servicer must charge off a Mortgage Loan at the Advance Interest Rate compounded annually) are time such Mortgage Loan becomes 180 days delinquent unless such Servicer reasonably believes that it may be able to obtain a significant net recovery through foreclosure proceedings or other conversion of the related mortgaged property. Once a Mortgage Loan is charged off, the related Servicer will not Nonrecoverable Advances (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 Special Mortgage Loan will be treated as a liquidated Mortgage Loan giving rise to a Realized Loss. If the related Servicer has not determined determines that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all significant net recovery is possible through foreclosure proceedings or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion liquidation of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due related mortgaged property on the Trust a Mortgage Loan that was delinquent as of becomes 90 days delinquent, the close of business related Servicer may continue making advances on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party Mortgage Loan. The Company shall be entitled to interest accrued on be reimbursed from the amount Protected Account for all Advances of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has its own funds made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof as provided in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date5.02. The Servicer shall have no obligation to make Advances with respect to any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the amount that would otherwise be required to be advanced by related Mortgaged Property or related REO Property has been liquidated or until the Servicer in respect of delinquent payments of interest on purchase or repurchase thereof (or substitution therefor) from the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required Fund pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions applicable provision of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account except as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceotherwise provided in this Section 6.01.

Appears in 1 contract

Samples: Custodial Agreement (SACO I Trust 2006-6)

Advances. (a) In The amount of each advance (a "P&I ADVANCE") to be made by the event that all or Servicer for any Payment Date shall equal, subject to Section 5.02, the sum of (i) the aggregate amount of Monthly Payments (with each interest portion thereof net of a Monthly Interest Payment (or an Assumed Monthly Interest Paymentthe related Servicing Fee), as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination related Due Date in such calendar month, then respect of the Servicer, subject Loans (other than with respect to its determination that such amounts any Balloon Loan with a delinquent Balloon Payment as described in clause (together with interest thereon at the Advance Interest Rate compounded annuallyiii) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advancebelow), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such which Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was Payments were delinquent as of the close of business on the related Determination Date, (ii) with respect to each second-lien Mortgage Loan and REO Property (other than with respect to any REO Property relating to a Balloon Loan with a Delinquent Balloon Payment as described in clause (iv) below), which REO Property was acquired during or prior to the related Prepayment Period and, as to which such REO Property, disposition thereof did not occur during the related Prepayment Period, an amount equal to the interest portion of the related Monthly Payment net of the related Servicing Fee, (iii) with respect to each Balloon Loan with a delinquent Balloon Payment, an amount equal to the assumed monthly principal and interest payment (with each interest portion thereof net of the related Servicing Fee) that would have been due on the related Due Date in based on the principal amortization schedule for such calendar month; providedBalloon Loan assuming such Loan was not a Balloon Loan, and (iv) with respect to each REO Property relating to a Balloon Loan with a delinquent Balloon Payment, which REO Property was acquired during or prior to the related Prepayment Period and, as to which REO Property, disposition thereof did not occur during the related Prepayment Period, an amount equal to the excess, if any, of the assumed monthly principal and interest payment (with each interest portion thereof net of the related Servicing Fee) that neither would have been due on the related Due Date based on the principal amortization schedule for the related Balloon Loan assuming such Mortgage Loan was not a Balloon Loan, over the net income from such REO Property transferred to the Note Account pursuant to Section 3.13 for distribution on such Payment Date. On or before ____ New York time on the Servicer nor any other party Remittance Date, the Servicer shall be entitled remit in immediately available funds to interest accrued on the Indenture Trustee for deposit in the Note Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the Mortgage Loans and REO Properties for the related Payment Date either (i) from its own funds, (ii) from the Custodial Account, to the extent of funds held therein for future distribution (in which case, it shall cause to be made an appropriate entry in the records of the Custodial Account that amounts held for future distribution have been, as permitted by this Section 5.01, used by the Servicer in discharge of any Monthly Interest Payment Advance such P&I Advance) or (iii) in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made by the Servicer with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received Mortgage Loans and REO Properties. Any amounts held for future distribution used by the Servicer to make a P&I Advance as permitted in the preceding sentence or withdrawn by the Certificate Administrator, Servicer as applicable, permitted in Section 3.05(a) in reimbursement of P&I Advances previously made shall be appropriately reflected in the Servicer's records and replaced by 2:00 p.m. (New York time) the Servicer by deposit in the Custodial Account on the or before any future Servicer Remittance Date on which to the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each extent that the Available Distribution Amount for the related Payment Date (or Assumed Payment determined without regard to P&I Advances to be made on the Servicer Remittance Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later shall be less than the related Remittance Date, total amount that would be distributed to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect Securityholders pursuant to the Trust Loan Indenture on such Payment Date (or Assumed Payment Date) (excluding if such amounts held for future distributions had not been so used to make P&I Advances. The Indenture Trustee shall provide notice to the principal portion Servicer and the Issuer by telecopy by the close of the Balloon Payment and Default Interest). For the avoidance of doubt, business on any Servicer Remittance Date in the event that the amount of interest on remitted by the Trust Loan is reduced as a result of any modification Servicer to the Trust Loan, any Monthly Interest Payment Advance made with respect to Indenture Trustee on such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on date is less than the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts P&I Advances required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced made by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on for the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Servicing Agreement (GE-WMC Mortgage Securities, L.L.C.)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment or any Default Interest, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on such Remittance Date. (For the Remittance Date on which avoidance of doubt, neither the Monthly Interest Payment Advance is Trustee nor the Servicer will have any obligation to be mademake any principal and/or interest debt service advances with respect to the Companion Loan). The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Whole Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the Other Servicer and Other Trustee with respect to each Companion Loan Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business Days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount existsexists with respect to the Trust Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable allocated to the Trust Loan, Loan and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of described in this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended with respect to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because Trust Loan if it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts has been repurchased from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if by the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceLoan Seller as contemplated in Section 2.8(b).

Appears in 1 contract

Samples: Trust and Servicing Agreement (CSAIL 2017-Cx10 Commercial Mortgage Trust)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment or any Default Interest, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on such Remittance Date; and provided further, that any portion of the Monthly Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date on which Date. (For the Monthly Interest Payment Advance is avoidance of doubt, neither the Trustee nor the Servicer will have any obligation to be mademake any principal and/or interest debt service advances with respect to a Companion Loan). The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Whole Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.21, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.21(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify each Companion Loan Servicer, Companion Loan Special Servicer and Companion Loan Trustee of the amount of any Monthly Payment Advance made pursuant to this Section 3.21(a) within two (2) Business Days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a3.21(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an a Trust Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Trust Appraisal Reduction Amount allocable to the (including any deemed Trust Loan, Appraisal Reduction Amount) and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to as described in this Section 3.23(a). In addition, 3.21(a) with respect to the Certificate Administrator shall notify the Trustee by telephone and electronically Trust Loan if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer it has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts repurchased from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if by the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceLoan Seller as contemplated in Section 2.8(b).

Appears in 1 contract

Samples: Trust and Servicing Agreement (Bank 2020-Bnk26)

Advances. (a) Subject to the conditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Collection Account. Each such Advance shall be remitted to the Collection Account no later than 4:00 p.m. Eastern time, on the Servicer Advance Date in immediately available funds. The Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Non-Recoverable Advance. If the Servicer shall have determined that it has made a Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Non-Recoverable Advance, the Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders and the Class A-1B Certificate Insurer, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency, the Class A-1B Certificate 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 the event that lieu of making all or any a portion of a Monthly Interest Payment such Advance from its own funds, the Servicer may (or i) cause to be made an Assumed Monthly Interest Paymentappropriate entry in its records relating to the Collection Account that any amount held for future distribution has been used by the Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Collection Account to the Certificate Account. In addition, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or Servicer shall have the right to reimburse itself for any portion thereof that constitutes an REO Trust Loan) during any calendar month has such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not been received then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Servicer by deposit in the Collection Account no later than the close of business on the Determination Servicer Advance Date in on which such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in required to be distributed pursuant to this Agreement. The Servicer shall be entitled to be reimbursed from the Collection Account for payment all Advances of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has its own funds made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof as provided in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date3.08. The Servicer shall have no obligation to make Advances with respect to any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Mortgage Loan shall be reduced by multiplying continue until the earlier of (i) such amount to be advanced by a fractionMortgage Loan is paid in full, (ii) the numerator of which is related Mortgaged Property or related REO Property has been liquidated or until the then outstanding principal balance of purchase or repurchase thereof (or substitution therefor) from the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required Issuing Entity pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions applicable provision of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If except as otherwise provided in this Section 4.01, (iii) the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay determines in its good faith judgment that such amounts from would constitute a Non-Recoverable Advance as provided in the Collection Account preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceset forth below.

Appears in 1 contract

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

Advances. (a) In the event that all a Monthly Payment (or an Assumed Monthly Payment, as applicable) (other than the Balloon Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due (other than any Balloon Payment) on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or an Assumed Monthly Payment, as applicable), or any such portion of such the Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date Business Day immediately prior to such Remittance Date, in each case, net of the Servicing Fee (which will not be paid to the Servicer until the funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to any the Trust Loan if the related Monthly Interest Payment (or, if applicable, the or an Assumed Monthly Interest Payment, as applicable) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related such Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and the amount allocated to the related Note on a Note-by-Note Basis and shall notify the Certificate Administrator thereof in the appropriate CREFC® 119 Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer Notwithstanding anything herein to the contrary, Monthly Payment Advances with respect to the Trust Loan shall have no obligation be reimbursed solely out of amounts allocated to make any Monthly Interest Payment Advance for any the Trust Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Companion Loan, and Companion Loan Advances with respect to the Companion Loan shall be reimbursed solely out of amounts allocated to such Companion Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Trust Loan or the other Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of principal and interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the applicable Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Trust and Servicing Agreement (CSAIL 2017-Cx10 Commercial Mortgage Trust)

Advances. (a) In Advances under the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject Credit Facility may be made only with respect to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion Costs of the Balloon Payment Project and net costs of issuance of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party Bond. Such advances shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance made in cash or in property or both. An initial advance shall be made with respect to the Trust Loan if Bond on the related Monthly Interest Payment (ordate the Bond is issued; all or some portion of such advance may be made in cash to pay or to reimburse issuance costs relating to the Bond. Thereafter, if applicablefrom time to time to, and including, the Assumed Monthly Interest Payment) in Expiration Date, the Company as agent for the Issuer, may make one or more requests for advances with respect to the Bond which shall, when aggregated with prior advances, not exceed the Maximum Principal Amount of the Trust Loan is received Bond. Costs incurred by the Servicer Purchaser for Costs of the Project shall be deemed to have been advanced by the Purchaser to the Issuer hereunder with respect to the Bond and immediately disbursed by the Issuer to reimburse the Purchaser for such costs. Any amounts advanced in cash under the Credit Facility with respect to the Bond shall be used to pay or to reimburse the Issuer or the Certificate AdministratorCompany, as applicable, by 2:00 p.m. (New York time) on for Costs of the Remittance Date on which Project and transaction costs of issuing the Monthly Interest Payment Advance is Bond. For purposes of the foregoing and all other purposes related to be made. The Servicer shall advance in respect the Bond, “Costs of each Payment Date (or Assumed Payment Date) following a delinquency the Project,” “Purchaser’s cost of such items,” and “cost to the Company,” as mentioned in the payment attached form of Certificate and Requisition for Payment, shall have the meaning set forth in the Bond Resolution with respect to “Costs of the Balloon Payment Project” and shall be determined by the Purchaser and the Company based on their actual cost. Advances under the Credit Facility shall be made upon the written Request for Advance in the form attached hereto as Exhibit A, executed by an authorized representative of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) Company, as agent of the Trust Loan not later than the related Remittance DateIssuer, which shall be delivered to the Certificate Administrator Purchaser at its notice address by mail, courier, hand delivery or fax; such Request for deposit Advance shall be accompanied by a copy of one or more requisitions (in the Distribution Accountform provided at the end of Exhibit A hereto), submitted by the Company, as agent of the Issuer, which are in an aggregate amount equal to the amount of any Assumed Monthly Interest Payment deemed due the advance being requested. It shall not be necessary for the Company to attach to said Request for Advance or requisitions evidence of Costs of the Project with respect to which the requested advance is made, but the Purchaser, at the written request of the Issuer, shall make such information available to the Issuer. Requests for Advances with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan Bond shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Datepromptly honored, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.provided that

Appears in 1 contract

Samples: Bond Purchase Loan Agreement

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Advances. (a) In the event that all or any portion As of last day of a Monthly Interest Collection Period, if the payments during such Collection Period by or on behalf of the Obligor on or in respect of a Precomputed Receivable (other than an Administrative Receivable or a Warranty Receivable) after application under Section 4.03(a) shall be less than the Scheduled Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; providedClosing Date), that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced whether as a result of any modification or extension granted to the Trust LoanObligor or otherwise, then the Deferred Prepayment, if any, with respect to such Precomputed Receivable shall be applied by the Servicer to the extent of the shortfall, and such Deferred Prepayment shall be reduced accordingly. Subject to the provisions of the last sentence of this paragraph, the Servicer shall deposit an amount equal to such shortfall (each, a "Precomputed Advance") in the Collection Account on the Business Day immediately preceding the related Distribution Date. In addition, as of last day of a Collection Period, if the payments during such Collection Period by or on behalf of the Obligor on or in respect of a Simple Interest Receivable (other than an Administrative Receivable or a Warranty Receivable) after application under Section 4.03(a) shall be less than the Scheduled Payment (determined as of the Closing Date), whether as a result of any Monthly modification or extension granted to the Obligor or otherwise, then an amount equal to the product of the principal balance of such Receivable as of the first day of the related Collection Period and one-twelfth of its Annual Percentage Rate minus the amount of interest actually received on such Receivable during the Collection Period (each, a "Simple Interest Payment Advance Advance") shall be deposited by the Servicer into the Collection Account on the Business Day immediately preceding the related Distribution Date. If such a calculation in respect of a Simple Interest Receivable results in a negative number, an amount equal to such negative amount shall be paid to the Servicer in reimbursement of any Outstanding Advances in respect of Simple Interest Receivables. In addition, in the event that a Simple Interest Receivable becomes a Liquidated Receivable, the amount of accrued and unpaid interest thereon (but not including interest for the current Collection Period) shall, up to the amount of Outstanding Advances in respect of Simple Interest Receivables in respect thereof, be withdrawn from the Collection Account and paid to the Servicer in reimbursement of such Outstanding Advances. No Advances will be made with respect to such modified Trust Loan shall be in such amounts as may be required as a result the Principal Balance of such reductionSimple Interest Receivables. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts be required to be remitted to make an Advance (other than a Simple Interest Advance in respect of an interest shortfall arising from the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Prepayment of a Simple Interest Payment AdvanceReceivable) to the Certificate Administrator for deposit extent that the Servicer, in the Distribution Account on the Remittance Dateits sole discretion, the Servicer shall pay to the Certificate Administrator interest on determine that such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required is unlikely to be advanced recovered from subsequent payments made by or on behalf of the related Obligor, Liquidation Proceeds, by the Servicer in Administrative Purchase Payment or by the Warranty Purchase Payment with respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying to such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) Receivable or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceotherwise.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp)

Advances. (a) In the event Each Advance that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has is not been received designated by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with Borrower as a LIBOR Loan shall bear interest thereon at the Advance Interest Rate compounded annually) are Quoted Cost of Funds Rate. All such Advances shall be made not Nonrecoverable Advances (more frequently than once each Business Day and shall be made either on telephone request by the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance Borrower to the Certificate Administrator for deposit into the Distribution AccountBank not later than noon (Birmingham, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York Alabama time) on the Remittance Date day on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance made or in respect of each Payment Date (or Assumed Payment Date) following a delinquency in accordance with the payment provisions of the Balloon Payment automated Control Account-Credit Line Service Agreement executed by the Borrower in favor of the Trust Loan or foreclosure Lender (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest"Disbursement Agreement"). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Each LIBOR Loan shall be in such amounts as an amount not less than $1,000,000 and shall be in a multiple of $500,000. Each request for a LIBOR Loan must be in writing (which may be required by facsimile) and must be received by the Lender not later than 10:00 a.m., Birmingham, Alabama time, at least three Business Days prior to the date of any LIBOR Loan. Each request for a LIBOR Loan shall be in the form attached hereto as Exhibit B ("Request for LIBOR Loan or Interest Rate Election") and shall specify the amount of the LIBOR Loan requested, the date as of which the LIBOR Loan is to be made and shall provide the interest rate information called for in Section 0. All LIBOR Loans requested in a result single Request for LIBOR Loan or Interest Rate Election shall be subject to the same interest rate terms. Not later than 2:00 P.M. Birmingham, Alabama time, on the date specified for each LIBOR Loan hereunder, the Lender shall make available the amount of the LIBOR Loan to be made by it on such reductiondate to the Borrower by depositing the proceeds thereof into an account with the Lender in the name of the Borrower. The Servicer Lender's obligation to make Advances shall maintain a record of each Monthly Interest Payment Advance it has made terminate, if not sooner terminated pursuant to other provisions of this Section 3.23(a) Agreement, on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Termination Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer Lender shall have no obligation to make Advances if a Default or Event of Default has occurred and is continuing. Each Request for LIBOR Loan or Interest Rate Election, whether submitted under this Section 0 in connection with a requested LIBOR Loan or under Section 0 in connection with an interest rate election, shall be signed by an Authorized Representative of the Borrower designated as authorized to sign and submit Request for LIBOR Loan or Interest Rate Election forms in the documents submitted to the Lender pursuant to Section 6.4. The Borrower may, from time to time, by written notice to the Lender, terminate the authority of any Monthly Authorized Representative to submit Request for LIBOR Loan or Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount existsRate Election forms, the amount that would otherwise be required such termination of authority to be advanced become effective upon actual receipt by the Servicer in respect Lender of delinquent payments such notice of interest on termination. The Borrower may from time to time authorize other Authorized Representatives to sign and submit Request for LIBOR Loan or Interest Rate Election forms by delivering to the Trust Loan Lender a certificate of the Secretary or Assistant Secretary of the Borrower certifying the incumbency and specimen signature of each such Authorized Representative. The Lender shall be reduced entitled to rely conclusively upon the authority of any Authorized Representative so designated by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust LoanBorrower. The Certificate Administrator Lender may, at its option, without any request by the Borrower, make Advances (with interest calculated at the Quoted Cost of Funds Rate) to itself for the purpose of paying overdrafts that the Borrower may have from time to time with respect to any operating account established by the Borrower with the Lender and promptly shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay Borrower in each such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceevent.

Appears in 1 contract

Samples: Credit Agreement (Morrison Fresh Cooking Inc /Ga)

Advances. (a) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the On each Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay compute the amount of Delinquent Interest, and Delinquent Principal for the immediately preceding Due Period. Not later than each Determination Date, the Servicer shall advance (each, an "ADVANCE") an amount equal to the Certificate Administrator interest on Delinquent Amounts for such amounts at Determination Date by depositing such amount in the federal funds rate for Collection Account; PROVIDED, HOWEVER, that the period from and including Servicer shall be obligated to advance in respect of a Contract only to the Remittance Date to but excluding extent that the Distribution Date orServicer, if earlierin its sole discretion, the actual remittance dateexpects that such advance would not be an Uncollectible Advance. The Servicer shall have no obligation to make any indicate on each Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, Report (i) the amount that would otherwise be required to be advanced of Delinquent Interest, if any, for the related Due Period, (ii) the amount of Delinquent Principal, if any, for the related Due Period and (iii) the amount of the Advance, if any, made by the Servicer in respect of delinquent payments the Delinquent Amounts pursuant to this SECTION 7.02. If the amount of interest on such Advance is less than the Trust Loan amount of the Delinquent Amounts, the relevant Monthly Report shall be reduced by multiplying such amount to be advanced accompanied by a fraction, certificate of a Servicing Officer setting forth in reasonable detail the numerator of which is basis for the then outstanding principal balance of determination by the Trust Loan minus Servicer that the portion of the Appraisal Reduction Amount allocable to the Trust LoanDelinquent Amounts not advanced would be an Uncollectible Advance. By each Determination Date, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received shall determine the amount of a Monthly Interest Payment Advance required pursuant prior unreimbursed Advances for which it shall be entitled to this Section 3.23(abe reimbursed (such amount, the "REIMBURSEMENT AMOUNT"). In addition, The Servicer shall be entitled to be reimbursed for an Advance made in respect of a delinquent payment under a Contract on the Certificate Administrator shall notify earlier of (i) the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if following the Servicer has not made Due Period in which that delinquent payment was paid and (ii) the Monthly Interest Payment Advance required to have been made on Distribution Date following the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of Due Period in which that Contract became a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceDefaulted Contract.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Dealer Auto Receivables Corp)

Advances. (a) In the event If any Monthly Payment on a Mortgage Loan that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed was due on the Trust Loan (including, without limitation, all immediately preceding Due Date or any portion thereof that constitutes an REO Trust Loan) due during any calendar month has not been received by the close of business related Due Period and delinquent on the a Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case is delinquent other than the principal portion as a result of application of the Balloon Payment and net of the Servicing Fee which shall not be paid to Relief Act, the Servicer until funds are available will deposit in the Collection Protected Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Servicer Remittance DateDate an amount equal to such Monthly Payment net of the related Servicing Fee for such Mortgage Loan, except to the Certificate Administrator for deposit extent the 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 foregoing and in the Distribution Accountabsence of such a determination, the amount of any Assumed Monthly Interest Payment deemed due with respect Servicer shall continue to make such advances through the Trust Loan on such Payment Date (date that the related Mortgaged Property or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubtREO Property has, in the event that judgment of the amount of interest on Servicer, been completely liquidated. No later than the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest fourth Business Day preceding each Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officer’s Certificate to the Certificate Administrator interest on such amounts at Master Servicer with respect to the federal funds rate for Mortgage Loans, (i) stating that the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation elects not to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant in a stated amount and (ii) detailing the reason it deems the advance to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then . The Servicer will include in the Remittance Report a list of each Mortgage Loan for which it does not make a Monthly Advance in accordance with this Section. Such Monthly Advances may be made in whole or in part from funds in the Protected Account being held for future distribution or withdrawal on or in connection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so used shall be replaced by the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds by deposit in the Protected Account prior to pay the related Servicer Remittance Date to the extent that funds in the Protected Account with respect to the related Payment Date shall be less than payments to Securityholders required to be made on such Property Protection Advance or date. Any advances made on any Mortgage Loan will be reduced to perform reflect any related servicing modifications previously made. The Mortgage Rate and Net Mortgage Rate as to any Mortgage Loan will be deemed not reduced by any servicing modification, so that the action requiring such Property Protection Advancecalculation of any Available Funds Rate will not be affected by the servicing modification.

Appears in 1 contract

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2007-2)

Advances. (a) In If the event that all Monthly Payment on a Loan or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or application of the close of business on the Determination Date in such calendar monthRelief Act, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special related Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month fails to make an advance for remittance of the delinquent amount pursuant to the Certificate Administrator for related Servicing Agreement, the Master Servicer shall deposit into in the related Distribution Account, from its own funds or from amounts on deposit in such Distribution Account that are held for future distribution, not later than the related Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Paymentdelinquency, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid and Master Servicing Fee for such Loan except to the extent the Master Servicer until funds are available determines any such advance to be 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 the Collection Master Servicer's records and replaced by the Master Servicer by deposit in the related Distribution Account on or before any future Distribution Account Deposit Date to the extent that the related Available Distribution Amount for payment of such fee) due or deemed due the related Distribution Date (determined without regard to Advances to be made on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party related Distribution Account Deposit Date) shall be entitled to interest accrued on less than the total amount of any Monthly Interest Payment Advance with respect that would be distributed to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect Classes of the Trust Loan is received by the Servicer Certificateholders of Group I Certificates pursuant to Section 4.1 or the Certificate AdministratorGroup II Certificates pursuant to Section 4.3, as applicable, by 2:00 p.m. (New York time) on such Distribution Date if such amounts held for future distributions had not been so used to make Advances. Subject to the Remittance Date on which foregoing, the Monthly Interest Payment Advance is to be made. The Master Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in continue to make such Advances through the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than date that the related Remittance Date, Servicer is required to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest)do so under its Servicing Agreement. For the avoidance of doubt, in In the event that the amount of interest on Master Servicer elects not to make an Advance because the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Master Servicer deems such Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made nonrecoverable pursuant to this Section 3.23(a) 4.7, on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Deposit Date, the Master Servicer shall pay present an Officer's Certificate to the Certificate Administrator interest on such amounts at Trustee and, with respect to any determination with respect to a Group I Mortgage Loan, Ambac (i) stating that the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Master Servicer shall have no obligation elects not to make any Monthly Interest Payment an Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, in a stated amount and (ii) detailing the amount that would otherwise be required reason it deems the advance to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenonrecoverable.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Loan Trust Series 2004-3)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment or any Default Interest, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on such Remittance Date. (For the Remittance Date on which avoidance of doubt, neither the Monthly Interest Payment Advance is Trustee nor the Servicer will have any obligation to be mademake any principal and/or interest debt service advances with respect to any Companion Loan). The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Whole Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the master servicer and trustee with respect to each Senior Companion Loan Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business Days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount existsexists with respect to the Trust Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable allocated to the Trust Loan, Loan and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of described in this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended with respect to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because Trust Loan if it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts has been repurchased from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if by the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceLoan Seller as contemplated in Section 2.7(b).

Appears in 1 contract

Samples: Trust and Servicing Agreement (UBS Commercial Mortgage Trust 2017-C1)

Advances. (a) In Lessor agrees to give notice to Lessee and the event that all Indenture Trustee at least five Business Days prior to ___________, 1996 or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Paymentthe Basic Term Commencement Date, as applicable) representing the case may be, if the funds for the payment of interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust LoanEquipment Notes contemplated to be made by Owner Trustee on either such date pursuant to Section 2.2(c) during any calendar month has of the Participation Agreement will not been received be paid by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance Owner Trustee to the Certificate Administrator for deposit into the Distribution Account, Indenture Trustee in an amount equal to all the amount contemplated to be paid pursuant to Section 2.2(c) of the Participation Agreement. If and to the extent that the Indenture Trustee on ___________, 1996 or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Paymentthe Basic Term Commencement Date, as applicable) (the case may be, shall not have received funds from Owner Trustee sufficient for the payment in each case other than the principal portion full of the Balloon Payment interest then due and net of owing on the Servicing Fee which Equipment Notes, Lessee shall pay as Supplemental Rent, in one installment due on ___________, 1996 or the Basic Term Commencement Date, as the case may be, an amount, if any, equal to such deficiency (either such payment being referred to herein as an "Advance"). In the event Lessee makes any Advance pursuant to this Section 3.5 and is not be paid to the Servicer until funds are available promptly reimbursed therefor by Owner Participant after demand for such reimbursement in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date manner set forth in such calendar month; providedSection 20 and provided no Lease Default shall have occurred and be continuing, that neither the Servicer nor any other party Lessee shall be entitled to offset and deduct (without duplication) against that portion of each succeeding payment of Basic Rent, Stipulated Loss Value or Termination Value which becomes payable to or to the order of Owner Trustee under the Indenture and distributable to Owner Participant under the Trust Agreement, an amount equal to such Advance plus interest accrued on such amount at the Late Rate until Lessee has been fully reimbursed for such Advance plus such interest and in each such case, such offset shall be deemed to constitute a reduction in the amount of such Advance so payable. No such offset or aggregate combined effect of separate offsets shall reduce the amount of any Monthly Interest Payment Advance with respect indemnity or other claim payable by Lessee to the Trust Loan if the related Monthly Interest Payment (or, if applicableany holder of an Equipment Note, the Assumed Monthly Interest Payment) Indenture Trustee or Owner Trustee in respect its individual capacity, nor reduce any installment of Basic Rent, or any payment of Stipulated Loss Value or Termination Value, to an amount that is insufficient to pay in full the payments then required to be made on account of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the Equipment Notes then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceoutstanding.

Appears in 1 contract

Samples: Equipment Lease Agreement (Union Tank Car Co)

Advances. (a) In TEMPFUNDS may advance funds to Borrower in an amount up to the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest PaymentAdvance Rate and the Maximum Credit Facility, both as applicable) representing interest due or deemed due on defined in Exhibit B, paragraphs 20 and 21 respectively. TEMPFUNDS reserves the Trust Loan (right to retain certain reserves against advances, including, without limitation, the Dilution Reserve, as defined in Exhibit B, paragraph 22. Borrower agrees to repay to TEMPFUNDS the amount of each such advance, with interest and fees as set forth below and on Exhibit A. As consideration for each such advance, TEMPFUNDS shall be paid in accordance with the rate schedule attached hereto as Exhibit A and incorporated into this Agreement by reference (the “Rate Schedule”). Borrower promises to repay each advance, and each such advance shall be due and payable, if not sooner paid by Borrower or through collection of the assigned Account, on or before the Maximum Days (the “Advance Period”). Unless otherwise extended, all advances and any unpaid interest and fees shall be paid by Borrower to TEMPFUNDS as aforesaid or, at TEMPFUNDS option, may be charged to Borrower’s Loan Account (as defined in Exhibit B, paragraph 23) or may be withheld and paid to TEMPFUNDS from any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by subsequent advance made to Borrower. In addition to the close of business amounts set forth on the Determination Date in such calendar monthRate Schedule, then the Servicer, subject to its determination that such amounts (together with TEMPFUNDS may charge interest thereon at the Advance Interest Rate compounded annuallyrate of eighteen percent (18%) are not Nonrecoverable Advances per annum (the “Default Rate”) on any advances which remain unpaid on and after the Special Servicer has not determined occurrence of an event of Default (irrespective of the date that such Advance would be a Nonrecoverable Advance), shall on TEMPFUNDS notifies the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion Borrower of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicableDefault) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party and/or after judgment. TEMPFUNDS shall be entitled to interest accrued on charge the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer Default Rate whether or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the not it demands payment of the Balloon Payment Obligations or exercises any of its rights and remedies hereunder or under any other agreement between the Trust Loan or foreclosure (or acceptance Borrower and TEMPFUNDS. All interest shall be computed for the actual number of days elapsed on the basis of a deed-in-lieu year consisting of foreclosure or comparable conversion) of 360 days. Borrower acknowledges that TEMPFUNDS accrues interest on all advances on a daily basis, however, such interest is due on a monthly basis, unless otherwise payable as provided hereunder. In the Trust Loan not later than the related Remittance Dateevent that, to the Certificate Administrator at any time and for deposit in the Distribution Accountany reason, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has advances made pursuant to this Section 3.23(a) on Agreement exceed the Trust Loan Advance Rate and/or the Maximum Credit Facility (an “Over Advance”), then Borrower, upon TEMPFUNDS election and demand, shall notify immediately pay to TEMPFUNDS, in cash, the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5amount of such excess. In the event that of the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment existence of an Over Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer Borrower shall pay to the Certificate Administrator interest on such amounts TEMPFUNDS, at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date orTEMPFUNDS discretion, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment an Over Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect Fee of delinquent payments .0493 % of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment the Over Advance required pursuant for each day that the Over Advance is outstanding. Nothing provided herein shall constitute consent by TEMPFUNDS to this Section 3.23(a)such Over Advance. In additionBorrower irrevocably waives the right to direct the application of any and all payments and collections at any time or times hereafter received by TEMPFUNDS from or on behalf of Borrower, and Borrower does hereby irrevocably agree that TEMPFUNDS shall have the Certificate Administrator continuing exclusive right to apply and reapply any and all such payments and collections received at any time or times hereafter by TEMPFUNDS or its agent against the Obligations, in such manner as TEMPFUNDS may deem advisable. The advances shall notify the Trustee by telephone constitute one general Obligation of Borrower, and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on secured by TEMPFUNDS lien upon all of the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceCollateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Crdentia Corp)

Advances. Subject to compliance by the Borrower with the terms, provisions and conditions of this Agreement and the Loan Agreement, the Bank shall provide its written consent for the Trustee to make advances of the Bond proceeds to the Borrower subject to the Retainage, (ai) In for direct construction costs incurred by the Borrower in connection with the construction of the Improvements (hereinafter referred to as "Direct Construction Costs"), as itemized in a trade breakdown schedule reviewed and accepted by the Bank and the Construction Consultant (hereinafter referred to as the "Trade Breakdown Schedule"), as the same may be revised from time to time after the date hereof with the prior review and acceptance of the Bank and the Construction Consultant, and (ii) for costs, other than Direct Construction Costs, incurred by the Borrower in connection with the Bonds or the construction of the Improvements and permitted pursuant to the Loan Agreement (hereinafter referred to as "Other Project Costs"), as itemized in a schedule reviewed and accepted by the Bank (hereinafter referred to as the "Schedule of Other Project Costs"), as the same may be revised from time to time after the date hereof with the prior review and acceptance of the Bank. If there is a savings in a particular line item set forth in the Trade Breakdown Schedule or in the Schedule of Other Project Costs, and if such savings is substantiated by evidence satisfactory to the Bank, the Borrower shall have the right, upon prior approval of the Bank, to reallocate such savings to other line items in the Trade Breakdown Schedule and the Schedule of Other Project Costs with respect to which additional costs have been incurred or to the Contingency Reserve (as hereinafter defined), provided, however, that the Borrower shall in no event that all or under any circumstance have the right to reallocate any portion of the Contingency Reserve (as hereinafter defined) without in each instance obtaining the prior approval of the Bank, which approval may be withheld in the sole and absolute discretion of the Bank, or to cause a Monthly Interest Payment reallocation to occur which in the opinion of the Bank, its counsel or the Title Company will adversely affect or impair in any manner whatsoever the lien or priority of lien of the Mortgage. Except as hereinafter specifically provided to the contrary in paragraph 11 of this Agreement, the Bank shall not be required to consent to any advances of the Bond proceeds for costs incurred by the Borrower with respect to materials stored on or off the Premises unless the Bank shall, in its sole discretion, deem it advisable to do so. The Bank shall not be obligated to consent to advances of Bond proceeds more frequently than once every thirty (30) days. Each request by the Borrower to the Bank to consent to the advance of Bond proceeds shall be in the form attached as Exhibit D to the Loan Agreement, or in such other form as may be satisfactory in all respects to the Bank and shall in each case be signed by a duly authorized representative of the Borrower (any such request being hereinafter referred to as a "Request for Advance"). Each Request for Advance shall be delivered to the Bank not less than ten (10) business days prior to the date upon which an Assumed Monthly Interest Paymentadvance of Bond proceeds is requested. Each Request for Advance shall be based upon the Trade Breakdown Schedule and the Schedule of Other Project Costs and shall be accompanied by (i) a currently dated sworn statement and request for partial payment from the Construction Manager in the form specified in Exhibit D or in such other form as may be acceptable to the Bank and the Title Company, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received approved by the close Construction Manager, and accompanied by a waiver of business on lien from the Determination Date Construction Manager in form satisfactory to the Bank and the Title Company, (ii) such calendar monthwaivers of lien and other documents and instruments as may be requested or required by the Bank with respect to subcontractors and materialmen engaged in the construction of the Improvements or as may be requested or required by the Title Company (to induce the Title Company to insure each advance of the Bond proceeds pursuant to this Agreement and the Loan Agreement against all mechanics' and materialmen's liens for labor furnished and materials supplied in connection with the construction of the Improvements), then the Servicer, subject to its determination that such amounts (together with interest thereon iii) at the Advance Interest Rate compounded annuallyrequest of the Bank, the requisitions for payment from subcontractors and materialmen engaged in the construction of the Improvements, and (iv) are not Nonrecoverable Advances (such other information and documents as may be requested or required by the Bank or the Construction Consultant. All requests and requisitions for payment shall be approved by the Borrower and the Special Servicer has Construction Manager and recommended for payment by the Construction Consultant. Each advance of the Bond proceeds may be made through the Title Company acting as escrowee pursuant to a Construction Escrow Agreement. The Bank shall not determined that such Advance would be a Nonrecoverable Advance)obligated to consent to any request for an advance of Bond proceeds by the Trustee in excess of the amount, from time to time, of Verified Project Costs, unless the Bank, in its sole and absolute discretion, deems it advisable to do so. The Bank shall on not be obligated to authorize the Remittance Date in such calendar month Trustee to make an advance for remittance of the Bond proceeds unless the Bank is satisfied, in its sole and absolute discretion, that the conditions precedent to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion making of such Monthly Interest Payment (advance as set forth in this Agreement and the Loan Agreement, have been satisfied by the Borrower. Anything in this Agreement or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance agreement made with respect to the Trust Loan if Bonds to the related Monthly Interest Payment (orcontrary notwithstanding, if applicable, the Assumed Monthly Interest Payment) in respect any advance of the Trust Loan is received Bond proceeds or approval or acceptance given by the Servicer Bank or the Certificate AdministratorConstruction Consultant, as applicableherein or therein, whether or not before or after a site observation of the Improvements by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is Construction Consultant or otherwise, shall not be deemed to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (an approval or acceptance of a deed-in-lieu of foreclosure by the Bank or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount Construction Consultant of any Assumed Monthly Interest Payment deemed due work performed thereon or approval or acceptance by the Bank or the Construction Consultant of any work or materials done or furnished with respect thereto or a representation by the Bank or the Construction Consultant as to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result fitness of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan work and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancematerials.

Appears in 1 contract

Samples: Loan Agreement (Exolon Esk Co)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the such Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the such Remittance Date on which the Monthly Interest Payment Advance is to be madeDate. The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the master servicer and trustee with respect to each Companion Loan Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business Days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of described in this Section 3.23(a) or any other contrary provisions of this Agreement, any with respect to the portion of a the Trust Loan evidenced by the Trust Notes that have been repurchased from the Trust Fund by the related Loan Seller as contemplated in Section 2.7(b). Neither the Servicer nor the Trustee shall have any obligation to make Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® Advances on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceSenior Pari Passu Companion Loans.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2016-C35)

Advances. If any Monthly Payment on a Mortgage Loan (aother than Balloon Payments) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed was due on the Trust Loan immediately preceding Due Date (including, without limitation, all or any portion thereof that constitutes an REO Trust with respect to a Non-High LTV Loan) or due during any calendar month has not been received by the close of business related Collection Period (with respect to a High LTV Loan) 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 calendar monthMonthly Payment (with respect to a Non-High LTV Loan) or the interest portion of such Monthly Payment (with respect to a High LTV Loan) net of the related Servicing Fee and Radian PMI Policy Fee for such Mortgage Loan, then 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 foregoing and in the absence of such 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, subject been completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Master Servicer shall present an Officer's Certificate to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (Indenture Trustee and the Special Bond Insurer with respect to the Mortgage Loans, (i) stating that the Master Servicer has elects not determined that such to make an Advance would in a stated amount and (ii) detailing the reason it deems the advance to be a Nonrecoverable Advance), shall on . The Master Servicer will include in the Remittance Date in such calendar month Report a list of each Non-High LTV Loan or High LTV Loan for which it does not make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, Advance in an amount equal to all accordance with this Section. Such Advances may be made in whole or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until part from funds are available in the Collection Account being held for payment of such fee) due future distribution or deemed due withdrawal on the Trust Loan that was delinquent as of the close of business on the Determination Date or in such calendar month; provided, that neither the Servicer nor any other party connection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so used shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received replaced by the Master Servicer or the Certificate Administrator, as applicable, from its own funds by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, Collection Account on or before the amount of fourth Business Day preceding any Assumed Monthly Interest Payment deemed due with respect Date to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, extent that funds in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made Collection Account with respect to such modified Trust Loan Payment Date shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant less than payments to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts Securityholders required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest made on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1)

Advances. With respect to any Mortgage Loan, the Servicer shall deposit in the related Collection Account at the time described below an amount equal to (ai) In with respect to the event that Mortgage Loans other than the Simple Interest Mortgage Loans, all or any portion of a Monthly Interest Payment Scheduled Payments (or an Assumed Monthly Interest Payment, as applicablewith interest at the Mortgage Rate less the Servicing Fee Rate) representing interest due or deemed which were due on the Trust related Mortgage Loans during the applicable Collection Period and (ii) with respect to any Simple Interest Mortgage Loans, interest due on such Mortgage Loan on the Due Date during the applicable Collection Period, less the Servicing Fee; provided 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 (including, without limitation, all or any portion thereof that constitutes an REO Trust of interest only if such Balloon Loan is a Simple Interest Mortgage Loan) during any calendar month has not been received by the close of business on the Determination Date in with respect to such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, Balloon Loan in an amount equal to all or such portion of such Monthly Interest Payment an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (or Assumed Monthly Interest Payment, as applicable) (in each case other than with interest at the principal portion of the Balloon Payment and net of Mortgage Rate less the Servicing Fee which Rate). The Servicer’s obligation to make such Advances as to any Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such 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 the terms of this Agreement. The Servicer shall not be paid required to advance shortfalls of principal or interest resulting from the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as application of the close of business on the Determination Date in such calendar month; provided, that neither the Relief Act. The Servicer nor any other party shall be entitled obligated to interest accrued on the amount of any Monthly Interest Payment Advance make Advances with respect to the Trust Loan Mortgage Loans in accordance with the provisions of this Agreement; provided however, that such obligation shall cease if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubtdetermines, in the event its sole discretion, that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made Advances with respect to such modified Trust Mortgage Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5are Nonrecoverable Advances. In the event that the Servicer does not remit determines that any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Datesuch Advances are Nonrecoverable Advances, the Servicer shall pay provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. With respect to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date orany Mortgage Loan, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment an Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be is required to be advanced by made hereunder, the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Servicer Remittance Date. If Date immediately following the Servicer and Determination Date either (i) deposit in the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the related Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds an amount equal to pay such Property Protection 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 permitted by this Section 4.01, used by the Servicer to make such Advance or to perform (iii) make Advances in the action requiring form of any combination of clauses (i) and (ii) aggregating the amount of such Property Protection 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 or from other funds in the Collection Account being held for future distribution, if available.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Home Equity Pass-Through Certificates, Series 2005-Age1)

Advances. (a) In the event that all or If any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicabletogether with any advances from the Subservicers) representing interest due or deemed on a Mortgage Loan that was due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business 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 such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at Collection Account not later than the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to immediately preceding the Certificate Administrator for deposit into the related Distribution Account, in Date an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and deficiency net of the related Servicing Fee which shall not be paid for such Mortgage Loan, except to the extent the Servicer until determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on such Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer may fund an Advance from its own corporate funds, advances made by any subservicer or funds are available 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 such fee) due or deemed due 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 Trust delinquent Mortgage Loan that was delinquent as of the close of business with respect to which an Advance is made. If on the Determination Servicer Remittance Date prior to any Distribution Date funds in the Collection Account are less than the amount required to be paid to the Certificateholders on such calendar month; providedDistribution Date, that neither then the Servicer nor any other party shall be entitled to interest accrued on deposit its own funds into the Distribution Account in the amount of the lesser of (i) any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received unreimbursed Advances previously made by the Servicer with funds held in the Collection Account or (ii) the Certificate Administratorshortfall in the Collection Account, as 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, by 2:00 p.m. (New York time) on the Servicer Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of preceding each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay present an Officer’s Certificate to the Certificate Administrator interest on such amounts at Trustee (i) stating that the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation elects not to make any Monthly Interest Payment an Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, in a stated amount and (ii) detailing the amount that would otherwise be required reason it deems the advance to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancenonrecoverable.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-1)

Advances. (a) In the event that all a Monthly Payment (other than any Balloon Payment, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately prior to such Remittance Date (net of the Servicing Fee with respect to the Trust Loan, which shall not be paid to the Servicer until funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the such Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the such Remittance Date on which the Monthly Interest Payment Advance is to be madeDate. The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the master servicer and trustee with respect to each Companion Loan Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business Days of -105- making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator Notwithstanding the foregoing, at no time shall notify the Servicer and or the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of be required to make a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of described in this Section 3.23(a) or any other contrary provisions of this Agreement, any with respect to the portion of a the Trust Loan evidenced by the Trust Notes that have been repurchased from the Trust Fund by the related Loan Seller as contemplated in Section 2.7(b). Neither the Servicer nor the Trustee shall have any obligation to make Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® Advances on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceSenior Pari Passu Companion Loans.

Appears in 1 contract

Samples: Trust and Servicing Agreement (SG Commercial Mortgage Securities Trust 2016-C5)

Advances. (a) In the event that all or any portion of a Monthly Interest Debt Service Payment Amount (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its or the Special Servicer’s determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Debt Service Payment Amount (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and Default Interest, and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Debt Service 138 Payment Amount (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such 139 amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Benchmark 2020-B21 Mortgage Trust)

Advances. (a) In Lessor agrees to give notice to Lessee and the event that all or any portion of a Monthly Indenture Trustee at least five Business Days prior to the Interim Interest Payment (or an Assumed Monthly Interest PaymentDate, as applicable) representing if the funds for the payment of interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust LoanEquipment Notes contemplated to be made by Owner Trustee on such date pursuant to Section 2.2(c) during any calendar month has of the Participation Agreement will not been received be paid by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance Owner Trustee to the Certificate Administrator for deposit into the Distribution Account, Indenture Trustee in an amount equal to all or such portion the amount contemplated to be paid pursuant to Section 2.2(c) of such Monthly the Participation Agreement. If and to the extent that the Indenture Trustee on the Interim Interest Payment (or Assumed Monthly Interest PaymentDate, as applicable) (shall not have received funds from Owner Trustee sufficient for the payment in each case other than the principal portion full of the Balloon Payment interest then due and net of owing on the Servicing Fee which Equipment Notes, Lessee shall not be paid to the Servicer until funds are available pay as Supplemental Rent, in the Collection Account for payment of such fee) due or deemed one installment due on the Trust Loan that was delinquent Interim Interest Payment Date an amount, if any, equal to such deficiency (such payment being referred to herein as of an "Advance"). In the close of business on event Lessee makes any Advance pursuant to this Section 3.5 and is not promptly reimbursed therefor by Owner Participant after demand for such reimbursement in the Determination Date manner set forth in such calendar month; providedSection 20 and provided no Lease Default shall have occurred and be continuing, that neither the Servicer nor any other party Lessee shall be entitled to offset and deduct (without duplication) against that portion of each succeeding payment of Basic Rent, Stipulated Loss Value or Termination Value which becomes payable to or to the order of Owner Trustee under the Indenture and distributable to Owner Participant under the Trust Agreement, an amount equal to such Advance plus interest accrued on such amount at the Late Rate until Lessee has been fully reimbursed for such Advance plus such interest and in each such case, such offset shall be deemed to constitute a reduction in the amount of such Advance so payable. No such offset or aggregate combined effect of separate offsets shall reduce the amount of any Monthly Interest Payment Advance with respect indemnity or other claim payable by Lessee to the Trust Loan if the related Monthly Interest Payment (or, if applicableany holder of an Equipment Note, the Assumed Monthly Interest Payment) Indenture Trustee or Owner Trustee in respect its individual capacity, nor reduce any installment of Basic Rent, or any payment of Stipulated Loss Value or Termination Value, to an amount that is insufficient to pay in full the payments then required to be made on account of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the Equipment Notes then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceoutstanding.

Appears in 1 contract

Samples: Equipment Lease Agreement (Union Tank Car Co)

Advances. (a) In With respect to the Trust Loan, in the event that all a Monthly Payment (other than any Balloon Payment, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due and/or principal, if any, on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on Business Day immediately prior to the Determination Date in such calendar monthRemittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on the Trust Loan such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in Business Day immediately prior to such calendar monthRemittance Date; provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the such Remittance Date on which the Monthly Interest Payment Advance is to be madeDate. The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Whole Loan, not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Loan Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date, as if the Property had not become a Foreclosed Property and the Trust Loan continued to be outstanding. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount existsexists with respect to the Whole Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Trust and Servicing Agreement (WFRBS Commercial Mortgage Trust 2013-C18)

Advances. (a) In the event that all a Monthly Payment (or an Assumed Monthly Payment, as applicable) (other than the Balloon Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due (other than any Balloon Payment) on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or an Assumed Monthly Payment, as applicable), or any such portion of such the Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date Business Day immediately prior to such Remittance Date, in each case, net of the Servicing Fee (which will not be paid to the Servicer until the funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to any the Trust Loan if the related Monthly Interest Payment (or, if applicable, the or an Assumed Monthly Interest Payment, as applicable) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related such Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and the amount allocated to the related Note on a Note-by-Note Basis and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer and, if applicable pursuant to Section 3.23(c), the Trustee, shall have no obligation to make notify each of the master servicer, the special servicer and the trustee under any Other Pooling and Servicing Agreement of the amount of any Monthly Interest Payment Advance for it has made within two (2) Business Days of making any such Monthly Payment Advance. Notwithstanding anything herein to the contrary, Monthly Payment Advances (other than any Nonrecoverable Advance) with respect to the Trust Loan shall be reimbursed solely out of amounts allocated to the Trust Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Companion Loan, and Companion Loan Advances (other than any Nonrecoverable Advance) with respect to the Companion Loan shall be reimbursed solely out of amounts allocated to such Companion Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Trust Loan or the other Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of principal and interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the applicable Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Trust and Servicing Agreement (CSAIL 2019-C15 Commercial Mortgage Trust)

Advances. (a) Each Servicer shall make an Advance with respect to any Mortgage Loan serviced by such Servicer and deposit such Advance in the Distribution Account, (1) with respect to GMACM, no later than noon Eastern time on the Remittance Date, and (2) with respect to Xxxxx Fargo (except in the case of a successor servicer to Xxxxx Fargo), on the Remittance Date, in immediately available funds. A Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If a 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, such Servicer shall deliver (i) to the Securities Administrator 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 Master Servicer an Officer’s Certificate setting forth the basis for such determination. In the event that lieu of making all or any a portion of such Advance from its own funds, a Monthly Interest Payment Servicer may (or i) cause to be made an Assumed Monthly Interest Paymentappropriate entry in its records relating to the related Custodial Account that any Amounts Held for Future Distribution has been used by the related Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the related Custodial Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the related Servicer by deposit in the Distribution Account, as applicableno later than the close of business on any future Remittance Date on which the funds on deposit in the related Custodial Account shall be less than the amount required to be remitted to the Securities Administrator on such Remittance Date; provided, however that if the rating of the related Servicer (including any Successor Servicer) representing interest due or deemed due on is less than “BBB”, the Trust Loan (includingrelated Servicer shall be required to replace such funds by deposit to the Distribution Account, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by no later than the close of business on the Determination Remittance Date in such calendar month, then immediately following the Servicer, subject to its determination that Due Period or Prepayment Period for which such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special relate. Each Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on be reimbursed from the amount related Custodial Account for all Advances of any Monthly Interest Payment Advance its own funds made pursuant to this Section as provided in Section 3.27 or pursuant to the Servicing Agreement, as applicable. 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 Loan if Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect provisions of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubtArticle VIII hereof, in the event that a Servicer fails to make such Advance, then the amount of interest on the Trust Loan is reduced Master Servicer, as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect successor to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlierXxxxx Fargo is the defaulting Servicer, the actual remittance date. The Servicer Trustee, as successor to such Servicer, shall have no obligation be obligated to make any Monthly Interest Payment such Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable only to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Dateextent such Advance, if the Certificate Administrator has made, would not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be constitute a Nonrecoverable Advance, then subject to the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advanceprovisions of Sections 5.01 and 8.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Af1)

Advances. (a) In Advances under the event that Credit Facility may be made only with respect to costs of the Project and costs of issuance of the Bond. Such advances shall be made in cash or in property or both. An initial advance shall be made with respect to the Bond on the date the Bond is issued; all or any some portion of a Monthly Interest Payment such advance shall be made in cash to pay or to reimburse issuance costs relating to the Bond. Thereafter, from time to time to, and including, the Expiration Date (as hereinafter defined), the Issuer may make one or an Assumed Monthly Interest Paymentmore requests for advances with respect to the Bond which shall, when aggregated with prior advances, not exceed the Maximum Principal Amount of the Bond. Costs incurred by the Purchaser for costs of the Project shall be deemed to have been advanced by the Purchaser to the Issuer hereunder with respect to the Bond and immediately disbursed by the Issuer to reimburse the Purchaser for such costs. Any amounts advanced in cash under the Credit Facility with respect to the Bond shall be used to pay or to reimburse the Issuer or the Company, as applicable) representing interest due or deemed due , for Costs of the Project and transaction costs of issuing the Bond. For purposes of the foregoing and all other purposes related to the Bond, “Costs of the Project,” “Purchaser’s cost of such items,” and “cost to the Company,” as mentioned in the attached form of Certificate and Requisition for Payment, shall have the meaning set forth in the Bond Resolution with respect to “Costs of the Project” and shall be determined based on the Trust Loan Purchaser’s or the Company’s actual cost. Advances under the Credit Facility shall be made upon the written Request for Advance in the form attached hereto as Exhibit A, executed by an authorized representative of the Company, as agent of the Issuer, which shall be delivered to the Purchaser at its notice address by mail, courier, hand delivery or fax; such Request for Advance shall be accompanied by a copy of one or more requisitions (includingin the form provided at the end of Exhibit A hereto), without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received submitted by the close Company, as agent of business on the Determination Date in such calendar monthIssuer, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) which are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an aggregate amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion amount of the Balloon Payment and net of the Servicing Fee which advance being requested. It shall not be paid necessary for the Company to attach to said Request for Advance or requisitions evidence of Costs of the Project with respect to which the requested advance is made, but the Purchaser, at the written request of the Issuer, shall make such information available to the Servicer until funds are available Issuer. Requests for Advances with respect to the Bond shall be promptly honored, provided that (i) the conditions precedent set forth in Section 7 below shall have been satisfied at the Collection Account time of each advance, (ii) the gross amount requested in such Request for payment Advance, plus the aggregate gross amounts of such fee) due or deemed due on all prior advances with respect to the Trust Loan that was delinquent as Bond shall not exceed the Maximum Principal Amount of the close of business Bond, and (iii) the Request for Advance is received on or before the Determination Date in such calendar month; provided, that neither the Servicer nor any other party Expiration Date. The Purchaser shall be entitled to interest accrued on rely upon any Request for Advance which the amount of any Monthly Interest Payment Advance with respect Purchaser reasonably believes in good faith to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received have been signed by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a)proper person. In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer Purchaser shall have no obligation to to, but may if it so elects, fund any advance funds from its own funds to pay under the Credit Facility if an “Event of Default” (being an “Event of Default” as defined in the Bond Resolution or in any of the Issuer Documents or Company Documents) has occurred and is continuing on and as of such Property Protection Advance or to perform the action requiring such Property Protection Advancedate.

Appears in 1 contract

Samples: Bond Purchase Loan Agreement (Dixie Group Inc)

Advances. (a) In Each of the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (Property Manager and the Special Servicer has not determined shall, as to those Properties and Mortgage Loans it is obligated to service hereunder, maintain accurate records with respect to each Property and Mortgage Loan reflecting the status of real estate taxes, ground rents, assessments and other similar items that such Advance would be are or may become a Nonrecoverable Advance)lien thereon, shall on and Ground Lease renewals and the Remittance Date status of insurance premiums payable in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Accountrespect thereof that, in an amount equal each case, the related Tenant or Mortgage Loan Borrower is contractually or legally obligated to all pay under the terms of the applicable Lease or such portion of such Monthly Interest Payment (or Assumed Monthly Interest PaymentMortgage Loan, and, subject to Section 3.03(b) below, the Property Manager shall effect payment thereof, as applicable) (in each case other than the principal portion an Advance or otherwise as payment of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until an Emergency Property Expense from funds are available on deposit in the Collection Account for payment of Account, as described below, if not paid by such fee) due Tenant or deemed due on the Trust Mortgage Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect Borrower prior to the Trust Loan if applicable penalty or termination date, promptly after the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer Property Manager or the Certificate AdministratorSpecial Servicer, as applicable, receives actual notice from any source of such nonpayment by 2:00 p.m. (New York time) on such Tenant or Mortgage Loan Borrower. For purposes of effecting any such payment for which it is responsible, the Remittance Date on which Property Manager or the Monthly Interest Payment Advance Special Servicer, as the case may be, shall apply Escrow Payments as allowed under the terms of the related Lease or Mortgage Loan or, if such Lease or Mortgage Loan does not require the related Tenant or Mortgage Loan Borrower to escrow for the payment of real estate taxes, assessments and insurance premiums, each of the Property Manager and the Special Servicer shall, as to those Leases and Mortgage Loans it is obligated to be made. The Servicer shall advance service hereunder, enforce the requirement of the related Lease and Mortgage Loan that such Tenant or Mortgage Loan Borrower make payments in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts items at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advancethey first become due.

Appears in 1 contract

Samples: Property Management Agreement (STORE CAPITAL Corp)

Advances. Between Floor Plan Adjustment Dates, M&T Bank may (abut shall not be obligated to) In fund to the event Floor Plan Borrowers solely out of M&T Bank’s own funds the entire principal amount of any Floor Plan Committed Loan requested pursuant to a Floor Plan Committed Loan Notice, the Floor Plan Automated System or a Draft (any such funding being referred to as an “M&T Advance”). Each Lender shall be deemed to have purchased an irrevocable and unconditional participation in each M&T Advance, in an amount equal to each Lender’s respective Floor Plan Commitment Percentage of the principal amount of such M&T Advance, effective immediately upon the funding of each M&T Advance. Each Lender shall have the unconditional and irrevocable obligation to pay, and does hereby agree to pay, to M&T Bank, on each Floor Plan Adjustment Date, an amount equal to such Lender’s Floor Plan Commitment Percentage of each M&T Advance, and settlement shall occur between M&T Bank and all other Lenders on each Floor Plan Adjustment Date such that all or after each such settlement, the Lenders shall each hold that percentage of the then aggregate outstanding principal balances of the Floor Plan Committed Loans equal to each Lender’s respective Floor Plan Commitment Percentage. Each Lender acknowledges and agrees that its respective obligation to acquire participations in M&T Advances and make payments to M&T Bank on account of such participations pursuant to this Section is absolute and unconditional and shall not be affected by any portion circumstance whatsoever, including the occurrence and continuance of a Monthly Interest Payment (Default or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan Event of Default (including, without limitation, all the commencement of a proceeding under the Bankruptcy Code or other Debtor Relief Laws with respect to any portion thereof of Borrowers) or the reduction or termination of the Floor Plan Commitments, and that constitutes an REO Trust Loan) during each such payment shall be made without any calendar month has not been offset, abatement, withholding or reduction whatsoever. All payments of principal, interest and any other amount with respect to each outstanding M&T Advance shall be payable to and received by the close Administrative Agent for the account of business on M&T Bank. Any payments received by the Determination Date Administrative Agent between Floor Plan Adjustment Dates that in accordance with the terms of this Agreement are to be applied to the reduction of the outstanding aggregate principal balances of the Floor Plan Committed Loans, shall be paid over to and retained by M&T Bank for such calendar month, then application to the Serviceroutstanding M&T Advances and credited against the Lenders’ respective purchases of participation interests in the respective M&T Advances, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance2.18.

Appears in 1 contract

Samples: Credit Agreement (GPB Automotive Portfolio, LP)

Advances. (a) In The amount of each advance (a “P&I Advance”) to be made by the event that all or Servicer for any Payment Date shall equal, subject to Section 5.02, the sum of (i) the aggregate amount of Monthly Payments (with each interest portion thereof net of a Monthly Interest Payment (or an Assumed Monthly Interest Paymentthe related Servicing Fee), as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination related Due Date in such calendar month, then respect of the Servicer, subject Loans (other than with respect to its determination that such amounts any Balloon Loan with a delinquent Balloon Payment as described in clause (together with interest thereon at the Advance Interest Rate compounded annuallyiii) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advancebelow), shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such which Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was Payments were delinquent as of the close of business on the related Determination Date, (ii) with respect to each second-lien Mortgage Loan and REO Property (other than with respect to any REO Property relating to a Balloon Loan with a Delinquent Balloon Payment as described in clause (iv) below), which REO Property was acquired during or prior to the related Prepayment Period and, as to which such REO Property, disposition thereof did not occur during the related Prepayment Period, an amount equal to the interest portion of the related Monthly Payment net of the related Servicing Fee, (iii) with respect to each Balloon Loan with a delinquent Balloon Payment, an amount equal to the assumed monthly principal and interest payment (with each interest portion thereof net of the related Servicing Fee) that would have been due on the related Due Date in based on the principal amortization schedule for such calendar month; providedBalloon Loan assuming such Loan was not a Balloon Loan, and (iv) with respect to each REO Property relating to a Balloon Loan with a delinquent Balloon Payment, which REO Property was acquired during or prior to the related Prepayment Period and, as to which REO Property, disposition thereof did not occur during the related Prepayment Period, an amount equal to the excess, if any, of the assumed monthly principal and interest payment (with each interest portion thereof net of the related Servicing Fee) that neither would have been due on the related Due Date based on the principal amortization schedule for the related Balloon Loan assuming such Mortgage Loan was not a Balloon Loan, over the net income from such REO Property transferred to the Note Account pursuant to Section 3.13 for distribution on such Payment Date. On or before ____ New York time on the Servicer nor any other party Remittance Date, the Servicer shall be entitled remit in immediately available funds to interest accrued on the Indenture Trustee for deposit in the Note Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the Mortgage Loans and REO Properties for the related Payment Date either (i) from its own funds, (ii) from the Custodial Account, to the extent of funds held therein for future distribution (in which case, it shall cause to be made an appropriate entry in the records of the Custodial Account that amounts held for future distribution have been, as permitted by this Section 5.01, used by the Servicer in discharge of any Monthly Interest Payment Advance such P&I Advance) or (iii) in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made by the Servicer with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received Mortgage Loans and REO Properties. Any amounts held for future distribution used by the Servicer to make a P&I Advance as permitted in the preceding sentence or withdrawn by the Certificate Administrator, Servicer as applicable, permitted in Section 3.05(a) in reimbursement of P&I Advances previously made shall be appropriately reflected in the Servicer’s records and replaced by 2:00 p.m. (New York time) the Servicer by deposit in the Custodial Account on the or before any future Servicer Remittance Date on which to the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each extent that the Available Distribution Amount for the related Payment Date (or Assumed Payment determined without regard to P&I Advances to be made on the Servicer Remittance Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later shall be less than the related Remittance Date, total amount that would be distributed to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect Securityholders pursuant to the Trust Loan Indenture on such Payment Date (or Assumed Payment Date) (excluding if such amounts held for future distributions had not been so used to make P&I Advances. The Indenture Trustee shall provide notice to the principal portion Servicer and the Issuer by telecopy by the close of the Balloon Payment and Default Interest). For the avoidance of doubt, business on any Servicer Remittance Date in the event that the amount of interest on remitted by the Trust Loan is reduced as a result of any modification Servicer to the Trust Loan, any Monthly Interest Payment Advance made with respect to Indenture Trustee on such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on date is less than the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts P&I Advances required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced made by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on for the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Servicing Agreement (GE-WMC Mortgage Securities, L.L.C.)

Advances. If any Monthly Payment on a Mortgage Loan (aother than Balloon Payments) In the event that all or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed was due on the Trust Loan immediately preceding Due Date (including, without limitation, all or any portion thereof that constitutes an REO Trust with respect to a Non-High CLTV Loan) or due during any calendar month has not been received by the close of business related Collection Period (with respect to a High CLTV Loan) 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 calendar monthMonthly Payment (with respect to a Non-High CLTV Loan) or the interest portion of such Monthly Payment (with respect to a High CLTV Loan) net of the related Servicing Fee and Radian PMI Policy Fee for such Mortgage Loan, then 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 foregoing and in the absence of such 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, subject been completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Master Servicer shall present an Officer's Certificate to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (Indenture Trustee and the Special Bond Insurer with respect to the Mortgage Loans, (i) stating that the Master Servicer has elects not determined that such to make an Advance would in a stated amount and (ii) detailing the reason it deems the advance to be a Nonrecoverable Advance), shall on . The Master Servicer will include in the Remittance Date in such calendar month Report a list of each Non-High CLTV Loan and High CLTV Loan for which it does not make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, Advance in an amount equal to all accordance with this Section. Such Advances may be made in whole or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until part from funds are available in the Collection Account being held for payment of such fee) due future distribution or deemed due withdrawal on the Trust Loan that was delinquent as of the close of business on the Determination Date or in such calendar month; provided, that neither the Servicer nor any other party connection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so used shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received replaced by the Master Servicer or the Certificate Administrator, as applicable, from its own funds by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, Collection Account on or before the amount of fourth Business Day preceding any Assumed Monthly Interest Payment deemed due with respect Date to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, extent that funds in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made Collection Account with respect to such modified Trust Loan Payment Date shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant less than payments to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts Securityholders required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest made on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Servicing Agreement (Collateralized Asset-Backed Bonds Series 2002-3)

Advances. (a) This Promissory Note shall be used to evidence all advances and payments of principal made hereunder and all interest due hereunder until it is surrendered to the BORROWER, and it shall continue to be so used even though there may be periods prior to such surrender when no amount of principal or interest is owing hereunder. All advances under the LOAN shall be made in the form of a transfer of funds into the ACCOUNT in accordance with the procedures set forth in this Section. The BORROWER hereby irrevocably authorizes the BANK to make advances in accordance with the procedures set forth herein. At the end of each BUSINESS DAY, the BANK shall calculate the INITIAL EXCESS BALANCE and the aggregate amount of the PRESENTED ITEMS. In the event that all or any portion the INITIAL EXCESS BALANCE is less than the aggregate amount of a Monthly Interest Payment (or an Assumed Monthly Interest Paymentthe PRESENTED ITEMS, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar month, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance), BANK shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit by transferring funds into the Distribution Account, ACCOUNT in an amount equal to all or such portion of such Monthly Interest Payment (or Assumed Monthly Interest Paymentthe amount, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid when added to the Servicer until funds are available in INITIAL EXCESS BALANCE, would be equal to the Collection Account for payment aggregate amount of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar monththe' PRESENTED ITEMS; provided, however, that neither the Servicer nor principal amount of any other party such advance shall be entitled to interest accrued on not exceed the LINE AVAILABILITY. If at any time the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan INITIAL EXCESS BALANCE is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later less than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect the PRESENTED ITEMS by an amount greater than the LINE AVAILABILITY, the BANK shall: (i) make an advance by transferring funds into the ACCOUNT in an amount equal to the Trust Loan on such Payment Date LINE AVAILABILITY; and (or Assumed Payment Dateii) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubtdetermine, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loanits sole discretion, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall which PRESENTED ITEMS will be in such amounts as may paid, and which PRESENTED ITEMS will not be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5paid. In the event that the Servicer does not remit any amounts required to be remitted to INITIAL EXCESS BALANCE is greater than the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 amount of the PRESENTED ITEMS, the BANK shall post and any required Monthly Interest Payment Advance) to pay all of the Certificate Administrator for deposit PRESENTED ITEMS. If, following the BANK'S posting and paying of all of the PRESENTED ITEMS, there remains a balance in the Distribution Account on ACCOUNT, in excess of the Remittance DateTARGET BALANCE, the Servicer shall pay BANK is hereby irrevocably authorized to debit the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date ACCOUNT in an amount up to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable balance in the ACCOUNT which exceeds the TARGET BALANCE, and apply such sums to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust LoanLOAN. The Certificate Administrator shall notify BANK agrees to make such debit of the Servicer and ACCOUNT to repay sums outstanding under the Trustee by telephone and electronically if LOAN as of 3:00 p.m.the end of each BUSINESS DAY. The BANK reserves the right to terminate the advance procedures set forth in this Promissory Note by notifying the BORROWER thereof in writing, New York City timein which event, on this Promissory Note shall continue to evidence the Remittance Date, if BORROWER'S repayment obligation in connection with the Certificate Administrator has not received LOAN but the amount of a Monthly Interest Payment Advance required pursuant LOAN AGREEMENT shall set forth the manner in which advances are to this Section 3.23(a). In addition, be made under the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection AdvanceLOAN.

Appears in 1 contract

Samples: Sixth Modification Agreement (Ea Engineering Science & Technology Inc)

Advances. (a) In With respect to the Trust Loan, in the event that all a Monthly Payment (other than any Balloon Payment, but including any Assumed Monthly Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on (adjusted to the Trust Loan (includingMortgage Rate minus the Servicing Fee Rate) and/or principal, without limitationif any, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately preceding the related Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on the Trust Loan on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or Assumed Monthly Payment, as applicable) or any such portion of such Monthly Interest Payment (or Assumed Monthly Interest Payment, as applicable) representing interest (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such feeFee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in Business Day immediately prior to such calendar monthRemittance Date; provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the such Remittance Date on which the Monthly Interest Payment Advance is to be madeDate. The Servicer shall also advance in respect of each Loan Payment Date (or Assumed Payment Date) following a delinquency in the payment of the any Balloon Payment of the Trust Loan or a foreclosure (or acceptance of a deed-in-deed in lieu of foreclosure or comparable conversion) of the Trust Loan Loan, for deposit into the Distribution Account not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Loan Payment Date (or Assumed Payment Date) (excluding the principal portion net of the Balloon Payment and Default InterestServicing Fee). For the avoidance of doubt, in the event that the amount of interest and principal, if any, due on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such the modified Trust Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of non-recoverability provided in this Section 3.23, in the event that the Property becomes a REO Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Loan Payment Date following such event in an amount equal to the Monthly Payment or the Assumed Monthly Payment, as applicable, due or deemed due with respect to the Trust Loan on such Loan Payment Date or Assumed Payment Date, as applicable, as if the Property had not become a REO Property and the Trust Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the master servicer and trustee with respect to each Other Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® CREFC Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount existsexists with respect to the Whole Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance Stated Principal Balance of the Trust Loan minus the portion of the such Appraisal Reduction Amount allocable to the Trust Loan, Loan and the denominator of which is the then outstanding principal balance Stated Principal Balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp)

Advances. (a) In the event that all a Monthly Payment (or an Assumed Monthly Payment, as applicable) (other than the Balloon Payment) or any portion of a Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due (other than any Balloon Payment) on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all the Monthly Payment (or an Assumed Monthly Payment, as applicable), or any such portion of such the Monthly Interest Payment (or an Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date Business Day immediately prior to such Remittance Date, in each case, net of the Servicing Fee (which will not be paid to the Servicer until the funds in the Collection Account are available for payment of such calendar monthfee); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to any the Trust Loan if the related Monthly Interest Payment (or, if applicable, the or an Assumed Monthly Interest Payment, as applicable) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related such Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any future Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a3.21(a) on the Trust Loan and the amount allocated to the related Trust Note on a Note-by-Note Basis and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer and, if applicable pursuant to Section 3.21(c), the Trustee, shall have no obligation to make notify each of the master servicer, the special servicer and the trustee under any Other Pooling and Servicing Agreement of the amount of any Monthly Interest Payment Advance for on the Trust Loan it has made within two (2) Business Days of making any such Monthly Payment Advance. Notwithstanding anything herein to the contrary, Monthly Payment Advances (other than any Nonrecoverable Advance) with respect to the Trust Loan shall be reimbursed solely out of amounts allocated to the Trust Loan pursuant to the Co-Lender Agreement and will not be reimbursed out of amounts allocated to the Companion Loan, and Companion Loan Advances (other than any Nonrecoverable Advance) with respect to the Companion Loan shall be reimbursed solely out of amounts allocated to such Companion Loan pursuant to the Co-Lender Agreement 122 and will not be reimbursed out of amounts allocated to the Trust Loan or the other Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of principal and interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the applicable Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2021-C61)

Advances. (a) In the event that all or any a portion of a any Monthly Interest Payment (other than the Balloon Payment and Default Interest) or an Assumed Monthly Interest Payment, as applicable) applicable representing interest due or deemed due on the Trust Mortgage Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Date in such calendar monthBusiness Day immediately prior to the Remittance Date, then the Servicer, subject to its determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annually) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance on such Remittance Date to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Payment (or portion thereof) (or in the amount of the Assumed Monthly Interest Payment, or portion thereof, as applicable) that has not been received by the close of business on the Business Day immediately prior to such Remittance Date (in each case other than the principal portion of the Balloon Payment and net of the Servicing Fee Fee, which shall not be paid to the Servicer until funds are available in the Collection Account are available for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Date in such calendar month); provided, provided that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Mortgage Loan if the related delinquent amount of the Monthly Interest Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust such Mortgage Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (p.m., New York time) , on the such Remittance Date on which the Date. The portion of any Monthly Interest Payment Advance is equal to the CREFC® Intellectual Property Royalty License Fee for the Mortgage Loan and such Distribution Date will not be maderemitted to the Certificate Administrator but will be deposited in the Collection Account for payment to CREFC®. The Servicer shall also advance in respect of each Payment Date following (or Assumed Payment Datex) following a delinquency in the payment of the Balloon Payment of the Trust Mortgage Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Mortgage Loan or (y) not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Mortgage Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest and/or principal on the Trust Mortgage Loan is reduced as a result of any modification to the Trust Mortgage Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Mortgage Loan shall be in such amounts as may be required as a result of such reduction. Notwithstanding anything to the contrary herein and subject to the determination of nonrecoverability provided in this Section 3.23, in the event that the Property becomes Foreclosed Property, the Servicer shall continue to make advances as required pursuant to this Section 3.23(a) with respect to each Payment Date following such event in an amount equal to the Monthly Payment or Assumed Monthly Payment, as applicable, due or deemed due with respect to the Mortgage Loan on such Payment Date, as if such Property had not become Foreclosed Property and the Mortgage Loan continued to be outstanding. If and to the extent such information is not already included in the Distribution Date Statement for the month in which such Monthly Payment Advance is made, the Servicer shall notify the master servicer and trustee with respect to each Other Securitization Trust of the amount of any Monthly Payment Advance made pursuant to this Section 3.23(a) within two Business days of making such advance. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Mortgage Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section Sections 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan. At any time that an Appraisal Reduction Amount existsexists with respect to the Whole Loan, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Mortgage Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance Stated Principal Balance of the Trust Mortgage Loan minus the portion of the such Appraisal Reduction Amount allocable to the Trust Loan, Mortgage Loan and the denominator of which is the then outstanding principal balance Stated Principal Balance of the Trust Mortgage Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Trust and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2015-C28)

Advances. (a) In the event that all or any portion of a Monthly Interest Debt Service Payment (or an Assumed Monthly Interest Payment, as applicable) representing interest due or deemed due on the Trust Loan (including, without limitation, all or any portion thereof that constitutes an REO Trust Loan) during any calendar month has not been received by the close of business on the Determination Business Day immediately preceding the Remittance Date in such calendar month, then the Servicer, subject to its or the Special Servicer’s determination that such amounts (together with interest thereon at the Advance Interest Rate compounded annuallyRate) are not Nonrecoverable Advances (and the Special Servicer has not determined that such Advance would be a Nonrecoverable Advance)Advances, shall on the Remittance Date in such calendar month make an advance for remittance to the Certificate Administrator for deposit into the Distribution Account, in an amount equal to all or such portion of such Monthly Interest Debt Service Payment (or Assumed Monthly Interest Payment, as applicable) (in each case other than the principal portion of the Balloon Payment Payment, Default Interest and net of the Servicing Fee which shall not be paid to the Servicer until funds are available in the Collection Account for payment of such fee) due or deemed due on the Trust Loan that was delinquent as of the close of business on the Determination Business Day immediately preceding such Remittance Date in such calendar month; provided, that neither the Servicer nor any other party shall be entitled to interest accrued on the amount of any Monthly Interest Payment Advance with respect to the Trust Loan if the related Monthly Interest Debt Service Payment (or, if applicable, the Assumed Monthly Interest Payment) in respect of the Trust Loan is received by the Servicer or the Certificate Administrator, as applicable, by 2:00 p.m. (New York time) on the Remittance Date on which the Monthly Interest Payment Advance is to be made. The Servicer shall also advance in respect of each Payment Date (or Assumed Payment Date) following a delinquency in the payment of the Balloon Payment of the Trust Loan or foreclosure (or acceptance of a deed-in-lieu of foreclosure or comparable conversion) of the Trust Loan not later than the related Remittance Date, to the Certificate Administrator for deposit in the Distribution Account, the amount of any Assumed Monthly Interest Payment deemed due with respect to the Trust Loan on such Payment Date (or Assumed Payment Date) (excluding the principal portion of the Balloon Payment and Default Interest). For the avoidance of doubt, in the event that the amount of interest on the Trust Loan is reduced as a result of any modification to the Trust Loan, any Monthly Interest Payment Advance made with respect to such modified Trust Loan shall be in such amounts as may be required as a result of such reduction. The Servicer shall maintain a record of each Monthly Interest Payment Advance it has made pursuant to this Section 3.23(a) on the Trust Loan and shall notify the Certificate Administrator thereof in the appropriate CREFC® Reports in order to permit allocation thereof pursuant to Section 3.4 and Section 3.5. In the event that the Servicer does not remit any amounts required to be remitted to the Certificate Administrator on each Remittance Date (including any amounts required to be remitted pursuant to Section 3.5 and any required Monthly Interest Payment Advance) to the Certificate Administrator for deposit in the Distribution Account on the Remittance Date, the Servicer shall pay to the Certificate Administrator interest on such amounts at the federal funds rate for the period from and including the Remittance Date to but excluding the Distribution Date or, if earlier, the actual remittance date. The Servicer shall have no obligation to make any Monthly Interest Payment Advance for any Companion Loan or REO Companion Loan. At any time that an Appraisal Reduction Amount exists, the amount that would otherwise be required to be advanced by the Servicer in respect of delinquent payments of interest on the Trust Loan shall be reduced by multiplying such amount to be advanced by a fraction, the numerator of which is the then outstanding principal balance of the Trust Loan minus the portion of the Appraisal Reduction Amount allocable to the Trust Loan, and the denominator of which is the then outstanding principal balance of the Trust Loan. The Certificate Administrator shall notify the Servicer and the Trustee by telephone and electronically if as of 3:00 p.m., New York City time, on the Remittance Date, if the Certificate Administrator has not received the amount of a Monthly Interest Payment Advance required pursuant to this Section 3.23(a). In addition, the Certificate Administrator shall notify the Trustee by telephone and electronically if as of 11:00 a.m., New York City time, on any Distribution Date if the Servicer has not made the Monthly Interest Payment Advance required to have been made on the related Remittance Date pursuant to this Section 3.23(a). Notwithstanding the foregoing provisions of this Section 3.23(a) or any other contrary provisions of this Agreement, any portion of a Monthly Interest Payment Advance intended to cover the CREFC® Licensing Fee shall be advanced directly to CREFC® on the applicable Remittance Date. If the Servicer and the Trustee do not make a Property Protection Advance because it would be a Nonrecoverable Advance, then the Servicer may, but is not required to, pay such amounts from the Collection Account as Trust Fund Expenses if consistent with Accepted Servicing Practices and, if the Servicer does not pay such amounts, the Special 135 Servicer shall have no obligation to advance funds from its own funds to pay such Property Protection Advance or to perform the action requiring such Property Protection Advance.

Appears in 1 contract

Samples: Trust and Servicing Agreement (GS Mortgage Securities Trust 2020-Gc47)

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