Common use of Capitalized Interest Account Clause in Contracts

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 7 contracts

Sources: Pooling and Servicing Agreement (Aames Capital Corp Mort Pass THR Certs Ser 2001 3), Pooling and Servicing Agreement (Aames Capital Corp Mort Pass THR Certs Ser 2001 3), Pooling and Servicing Agreement (Aames Mortgage Trust 2000-2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on On or prior to the Closing Date, or unless a the Securities Administrator shall establish and maintain, on behalf of the Certificateholders, the Capitalized Interest Account. The Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest be an Eligible Account. On the Closing Date, the Trustee will Seller shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account orthe Original Capitalized Interest Amount. On the Business Day preceding any Distribution Date occurring during the Prefunding Period, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee Securities Administrator shall hold withdraw from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in an amount equal to the Capitalized Interest Account prior Requirement (based on a monthly report provided to the first Deposit Date shall be invested in Permitted Investments of Securities Administrator by the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Master Servicer no later than such Business Day) for deposit into the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable Certificate Account for any losses on amounts invested distribution to Certificateholders in accordance with the provisions hereofArticle V on such Distribution Date. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed invested in a money market or common trust fund as described in paragraph (vii) of the definition of “Permitted Investments” set forth in Article I. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller. (c) On each Prefunding Distribution DateSeller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, the Trustee shall transfer immediately as realized. Amounts may be released from the Capitalized Interest Account and paid to the Certificate Account depositor at any time, if permitted by S&P as evidenced in a written confirmation from such Rating Agency. At the Capitalized Interest Requirementend of the Prefunding Period, all amounts, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account shall be withdrawn by the Securities Administrator and distributed to the Seller and (iii) close the Capitalized Interest AccountAccount shall be terminated.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (HarborView 2006-14), Pooling and Servicing Agreement (HarborView 2007-2), Pooling and Servicing Agreement (Dsla 2007-Ar1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR2, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested at the written direction of the Seller in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the SellerPeriod. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp Aames Mortgage Trust 2002-1), Pooling and Servicing Agreement (Aames Capital Corp Aames Mortgage Trust 2002-1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-AB1, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Securities Administrator shall invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2. 6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 2 contracts

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

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Issuer hereby directs and the Trust Indenture Trustee and Paying Agent hereby agree that the Paying Agent on behalf of the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall will establish and maintain a segregated trust account (the Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit an amount equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Receivables Note Trust 2018-A, Timeshare Loan-Backed Notes, Series 2018-A — Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments Paying Agent on behalf of the type specified in clause (f) of the definition of Permitted InvestmentsIndenture Trustee shall, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions Section 3.1(i) hereof. All interest and other investment earnings on amounts held in the , establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of which if not maintained by the amounts Indenture Trustee is subject to be so withdrawn and deposited into an account control agreement satisfactory to the Certificate AccountIndenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:

Appears in 2 contracts

Sources: Indenture (Bluegreen Vacations Corp), Indenture (BBX Capital Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Servicer, for the Trust on benefit of the Closing DateSecurityholders, or unless shall cause to be established and maintained in the name of the Indenture Trustee a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee, in Article Itrust for the Empire Funding Home Loan Asset Backed Notes, Series 1998-1." The Capitalized Interest Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of Eligible Account. The creation of a Capitalized Interest Account other than one maintained with the Indenture Trustee shall establish be evidenced by a letter agreement between the Servicer and maintain the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, upon request of any Securityholder, to such Securityholder. Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 5.03 hereof. On the Closing Date, the Owner Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed the Capitalized Interest Initial Deposit from the net proceeds of the sale of the Notes and the Certificates and on each Subsequent Transfer Date the Owner Trustee will deposit in the Capitalized Interest Account any applicable Capitalized Interest Subsequent Deposit with respect to each Subsequent Loan. (b) On each Determination Date during the Pre-Funding Period (including the Determination Date in the month following the Due Period during which the Pre-Funding Period ends), the Indenture Trustee will withdraw from the Capitalized Interest Account an amount equal to the SellerCapitalized Interest Requirement and deposit such amount into the Collection Account. (c) On each Prefunding Distribution the Mandatory Redemption Date, the Trustee shall transfer from any amounts remaining in the Capitalized Interest Account to the Certificate Account Account, after payment of the Capitalized Interest Requirement, if any, for on such Distribution Date; provideddate, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account be paid to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountTransferor.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998-1), Sale and Servicing Agreement (Master Financial Asset Securitization Trust 1998-2)

Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit an amount equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Receivables Note Trust 2013-A, Timeshare Loan-Backed Notes, Series 2013-A — Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted InvestmentsIndenture Trustee shall, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Section 3.1(i), establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of which if not maintained by the amounts Indenture Trustee is subject to be so withdrawn and deposited into an account control agreement satisfactory to the Certificate AccountIndenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:

Appears in 2 contracts

Sources: Indenture (BBX Capital Corp), Indenture (BFC Financial Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on On or prior to the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain maintain, on behalf of the Certificateholders, the Capitalized Interest Account. The Capitalized Interest Account shall be an Eligible Account. On the Closing Date, the Trustee will Seller shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account orthe Original Capitalized Interest Amount. On the Business Day preceding any Distribution Date occurring during the Prefunding Period, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold withdraw from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in an amount equal to the Capitalized Interest Account prior Requirement (based on a monthly report provided to the first Deposit Date shall be invested in Permitted Investments of Trustee by the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Servicer no later than such Business Day) for deposit into the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable Certificate Account for any losses on amounts invested distribution to Certificateholders in accordance with the provisions hereofArticle V on such Distribution Date. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed invested in a money market or common trust fund as described in paragraph (vii) of the definition of “Permitted Investments” set forth in Article I. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller. (c) On each Prefunding Distribution DateSeller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, the Trustee shall transfer immediately as realized. Amounts may be released from the Capitalized Interest Account and paid to the Certificate Account depositor at any time, if permitted by S&P as evidenced in a written confirmation from such Rating Agency. At the Capitalized Interest Requirementend of the Prefunding Period, all amounts, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account shall be withdrawn by the Trustee and distributed to the Seller and (iii) close the Capitalized Interest AccountAccount shall be terminated.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (HarborView 2007-3), Pooling and Servicing Agreement (HarborView 2006-12)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain for the Capitalized Interest Account. On benefit of the Closing Date, the Trustee will deposit Certificateholders the Capitalized Interest Account Deposit which shall be a segregated trust account that is an Eligible Account, and which shall be titled "Capitalized Interest Account, U.S. Bank National Association, as trustee for the registered holders of SURF Mortgage Loans Asset-Backed Certificates, Series 2006-AB3". The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein (i) the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor and (ii) the amount of any Subsequent Mortgage Loan Interest remitted by the Servicer pursuant to Section 3.08(a). Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date through the Distribution Date immediately following the Funding Period, the 134 Trustee will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. Such deposit shall be treated for federal income tax purposes as a contribution of cash to the Offered CertificateholdersPre-Funding REMIC on the date thereof. The Depositor is required to deposit into the Capitalized Interest Account no later than the Business Day prior to each Distribution Date through the Distribution Date immediately following the Funding Period an amount sufficient to permit the Trustee to make the withdrawals required by this Section 5.11. (b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments as directed in writing by the Holder of the type specified in clause Class C Certificate (f) provided that if the Trustee does not receive written direction from the Holder of the definition of Permitted InvestmentsClass C Certificate, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on then amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess shall not be invested) with a maturity date no later than the Business Day preceding each Distribution Date. For federal income tax purposes, the Holder of the amounts to be so withdrawn and deposited into the Class C Certificate Account) shall be paid the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or released loss arising therefrom. At no time will the Capitalized Interest Account be an asset of any of the REMICs provided for herein. All income and gain realized from investment of funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Holder of the Class C Certificate and shall be remitted by the Trustee to the Seller Holder of the Class C Certificate on Distribution Date immediately following the Funding Period, if such amounts are not used as part of the Required Withdrawal for any Distribution Date. The Holder of the Class C Certificate shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. Upon the earliest of (i) the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 9.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance Holder of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountClass C Certificate or its designee.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2006-Ab3), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2006-Ab3)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by Upon the Trust request of the Seller, the Securities Administrator shall establish and maintain, on behalf of the Closing DateCertificateholders, or unless a the Capitalized Interest Account. The Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest be an Eligible Account. On the Closing Date, the Trustee will Seller shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account orthe Original Capitalized Interest Amount. On the Business Day preceding any Distribution Date occurring during the Prefunding Period, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee Securities Administrator shall hold withdraw from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in an amount equal to the Capitalized Interest Account prior Requirement (based on a monthly report provided to the first Deposit Date shall be invested in Permitted Investments of Securities Administrator by the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Master Servicer no later than such Business Day) for deposit into the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable Certificate Account for any losses on amounts invested distribution to Certificateholders in accordance with the provisions hereofArticle V on such Distribution Date. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed invested in a money market or common trust fund as described in paragraph (vii) of the definition of “Permitted Investments” set forth in Article I. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller. (c) On each Prefunding Distribution DateSeller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, the Trustee shall transfer immediately as realized. Amounts may be released from the Capitalized Interest Account and paid to the Certificate Account depositor at any time, if permitted by S&P as evidenced in a written confirmation from such Rating Agency. At the Capitalized Interest Requirementend of the Prefunding Period, all amounts, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account shall be withdrawn by the Securities Administrator and distributed to the Seller and (iii) close the Capitalized Interest AccountAccount shall be terminated.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (HarborView 2007-6), Pooling and Servicing Agreement (HarborView 2007-6)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE4, Asset-Backed Pass Through Certificates” (the “Capitalized Interest Account”). The Capitalized Interest Account Deposit shall consist of two sub-accounts, the “Group I Capitalized Interest Sub-Account” and the “Group II Capitalized Interest Sub-Account”. The Securities Administrator shall, promptly upon receipt, deposit in the Group I Capitalized Interest Sub-Account and the Group II Capitalized Interest Sub-Account and retain therein the Original Group I Capitalized Interest Amount and the Original Group Capitalized Interest Amount remitted on the Closing Date by the Depositor. Funds deposited in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, shall be held in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Mortgage Loans set forth in Section 2.09, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date and the balance related Loan Group. If any funds remain in the Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by Upon the Trust request of the Seller, the Securities Administrator shall establish and maintain, on behalf of the Closing DateCertificateholders, or unless a the Capitalized Interest Account. The Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest be an Eligible Account. On the Closing Date, the Trustee will Seller shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account orthe Original Capitalized Interest Amount. On the Business Day preceding any Distribution Date occurring during the Prefunding Period, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee Securities Administrator shall hold withdraw from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in an amount equal to the Capitalized Interest Account prior Requirement (based on a monthly report provided to the first Deposit Date shall be invested in Permitted Investments of Securities Administrator by the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Master Servicer no later than such Business Day) for deposit into the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable Distribution Account for any losses on amounts invested distribution to Certificateholders in accordance with the provisions hereofArticle V on such Distribution Date. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed invested in a money market or common trust fund as described in paragraph (vii) of the definition of “Permitted Investments” set forth in Article I. All investment income and other gain on such investments shall be for the benefit of the Seller and shall be subject to withdrawal on order of the Seller. (c) On each Prefunding Distribution DateSeller from time to time. The amount of any losses incurred in respect of any such investments shall be paid by the Seller by a deposit into the Capitalized Interest Account of its own funds, the Trustee shall transfer immediately as realized. Amounts may be released from the Capitalized Interest Account and paid to the Certificate Account depositor at any time, if permitted by S&P as evidenced in a written confirmation from such Rating Agency. At the Capitalized Interest Requirementend of the Prefunding Period, all amounts, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account shall be withdrawn by the Securities Administrator and distributed to the Seller and (iii) close the Capitalized Interest AccountAccount shall be terminated.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (HarborView 2007-7), Pooling and Servicing Agreement (HarborView 2007-7)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , JPMorgan Chase Bank, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2006-HE2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. Notwithstanding anything herein to the contrary, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for shall not be an asset of any REMIC. To the benefit of extent that the Offered Certificateholders. (b) The Capitalized Interest Account will constitutes a reserve fund for federal income tax purposes, (1) it shall be part an outside reserve fund and not an asset any REMIC, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred any REMIC to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Trust but Treasury Regulations. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. In no event shall the Indenture Trustee be liable for any investment losses on Permitted Investments held in or credited to the Capitalized Interest Account. Any losses realized , provided that such investments are made in accordance with the provisions of this Agreement and the Indenture Trustee is not the obligor under the Permitted Investment. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount and shall notify the Indenture Trustee of such calculation taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount notified to the Indenture Trustee. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 2 contracts

Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He3), Servicing Agreement (GMACM Home Equity Loan Trust 2006-He2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account. On , [Trustee], as trustee for the Closing Dateregistered holders of Chase Funding Mortgage Loan Asset-Backed Certificates, Series [ ]" (the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. The Trustee hereby appoints the Paying Agent as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 4.07. (b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature with a maturity date no later than the Deposit Date immediately following Business Day preceding each Distribution Date. For federal income tax purposes, the end Depositor shall be the owner of the Funding PeriodCapitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. The Trustee shall not At no time will the Capitalized Interest Account be liable for any losses on amounts invested in accordance with an asset of either of the provisions hereofSubsidiary REMIC or the Master REMIC. All interest income and other gain realized from investment earnings on amounts held of funds deposited in the Capitalized Interest Account (shall be for the sole and any other amounts remaining on deposit therein in excess exclusive benefit of the amounts to be so withdrawn Servicer and deposited into the Certificate Account) shall be paid or released remitted by the Trustee to the Seller Servicer on each Distribution Date. The Servicer shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. (c) With respect to each Distribution Date (other than the Distribution Date in [Month/Year]) during the Funding Period and on the Distribution Date immediately following the end of the Funding Period and taxed to Period, the Seller. For federal and state income tax purposes the Seller Paying Agent shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income withdraw from other investments) in the Capitalized Interest Account and deposit in the Certificate Account an amount, as provided in the related Monthly Statement, equal to (i) the sum of (x) 30 days' interest on the sum of (a) the Group I Pre-Funded Amount immediately upon following the realization preceding Distribution Date and (b) the aggregate Stated Principal Balance of such lossthe Group I Mortgage Loans immediately following the preceding Distribution Date at the Group I Net Rate and (y) 30 days' interest on the sum of (a) the Group II Pre-Funded Amount immediately following the preceding Distribution Date and (b) the aggregate Stated Principal Balance of the Group II Mortgage Loans immediately following the preceding Distribution Date at the Group II Net Rate, minus (ii) all scheduled interest due at the Net Mortgage Rates during the related Due Period on the Group I and Group II Mortgage Loans. All amounts earned The Depositor shall be required to deposit into the Capitalized Interest Account an amount sufficient to permit the Paying Agent to make the withdrawals required by this Section 4.07. (d) Upon the earliest of (i) the Distribution Date in the month immediately following the end of the Funding Period, (ii) the reduction of the Certificate Principal Balance of the Group I Class A Certificates, Class IIA-1 Certificates, Class IIA-2 Certificates, Class IM-1 Certificates, Class IM-2 Certificates, Class IIM-1 Certificates and Class IIM-2 Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Capitalized Interest Account shall be taxed after distributions pursuant to the Seller. paragraph (c) On each Prefunding Distribution Date, above shall be withdrawn by the Trustee shall transfer from the Capitalized Interest Account and paid to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountDepositor or its designee.

Appears in 2 contracts

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

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AF1, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Af1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Trustee, for the Trust on benefit of the Closing DateCertificateholders, or unless shall cause to be established and maintained a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, The Bank of New York, in Article Itrust for the New South Home Equity Asset Backed Certificates, the Trustee shall establish and maintain Series 1999-2." Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 6.6 hereof. The Capitalized Interest Account shall not be an asset of either REMIC I, REMIC II or REMIC III, but rather shall be an asset of the Grantor Trust. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Initial Deposit for (which was received from the benefit Depositor and derived from the net proceeds of the Offered Certificateholderssale of the Class ▇-▇, ▇▇▇▇▇ ▇-▇, Class A-3, Class A-4, Class A-5, Class A-6 and Class B Certificates). (b) The Capitalized Interest Account On each Determination Date during the Pre-Funding Period, the Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held in withdraw from the Capitalized Interest Account prior an amount equal to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Lower-Tier Capitalized Interest Account (Requirement and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited such amount into the Certificate Account) . Such amount shall be paid or released treated as having been deposited by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller.Transferor into REMIC I. (c) On the Mandatory Redemption Date, any amounts remaining in the Capitalized Interest Account, after withdrawal of the Lower-Tier Capitalized Interest Requirement on the immediately preceding Determination Date, shall be paid to the Transferor. (d) On each Prefunding Distribution DateDate during the Pre-Funding Period, the Trustee shall transfer withdraw from the Capitalized Interest Account an amount equal to the Certificate Account the Transferor Excess Capitalized Interest Requirement, if any, Amount for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account and pay such amount to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountTransferor.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Painewebber Mort Accept Corp Iv New South 1999 2)

Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Indenture Trustee will shall deposit in the Capitalized Interest Account, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Amount. The Capitalized Interest Account Deposit shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “Silverleaf Timeshare Loan-Backed Notes, Series 2010-B¯Capitalized Interest Account, W▇▇▇▇ Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Collateral. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two (2) Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for be made in the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.manner:

Appears in 1 contract

Sources: Indenture (Silverleaf Resorts Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account. On , U.S. Bank National Association, as trustee for the Closing Date, registered holders of L▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates Series 2006-4N” (the Trustee will deposit the Capitalized Interest Account Deposit Account”). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date up to and including the Distribution Date in April 2006, the Trustee will withdraw funds from the Capitalized Interest Account and such funds shall be used to pay (i) first, to the Senior Certificates, the amount of any Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date, in proportion to the Offered Certificateholdersamount of such shortfalls and (ii) second, to the Subordinate Certificates, in accordance with the Subordinate Priority, any applicable Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date. (b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to in Eligible Investments as directed in writing by the first Deposit Date shall be invested in Permitted Investments of Depositor (provided that if the type specified in clause (f) of Trustee does not receive written direction from the definition of Permitted InvestmentsDepositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of shall not be invested) with a maturity date no later than the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Business Day preceding each Distribution Date immediately following the end of the Funding Period and taxed to the SellerDate. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with At no time will the Capitalized Interest Account be an asset of any such investment shall be for the account of the Seller REMICs provided for herein. All income and the Seller shall deposit the amount gain realized from investment of such loss (to the extent not offset by income from other investments) funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor on each Distribution Date. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon the realization of such loss. All amounts earned . (c) On the Distribution Date in April 2006, any amount remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Trust Agreement (Lehman XS Trust Series 2006-4n)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Servicer, for the Trust on benefit of the Closing DateSecurityholders, or unless shall cause to be established and maintained in the name of the Indenture Trustee a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, The Bank of New York, as Indenture Trustee, in Article Itrust for the DiTech Home Loan Asset Backed Notes, Series 1997-1." The Capitalized Interest Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of Eligible Account. The creation of a Capitalized Interest Account other than one maintained with the Indenture Trustee shall establish be evidenced by a letter agreement between the Servicer and maintain the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, upon request of any Securityholder, to such Securityholder. Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 5.03 hereof. On the Closing Date, the Trustee Trust will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all the Capitalized Interest Initial Deposit from the net proceeds of the sale of the Notes and the Certificates and on each Subsequent Mortgage Loans are purchased on Transfer Date the Closing Date, Trust will deposit in the Certificate Account. The Trustee shall hold the Capitalized Interest Account any applicable Capitalized Interest Subsequent Deposit for the benefit of the Offered Certificateholderswith respect to each Subsequent Loan. (b) The Capitalized Interest Account On each Determination Date during the Pre-Funding Period (including the Determination Date in the month following the Due Period during which the Pre-Funding Period ends), the Indenture Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held in withdraw from the Capitalized Interest Account prior an amount equal to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account Requirement and deposit such amount into the Collection Account. (and c) On the Mandatory Redemption Date, any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed paid to the SellerTransferor. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Ditech Funding Corp Home Loan Owner Trust 1997-1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, a. On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust, which must be an Eligible Account, and shall deposit therein $500,000 received from the Seller pursuant to Section 2.02(s). The Capitalized Interest Account shall be entitled "U.S. Bank National Association as Trustee for the benefit of holders of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificates Series 2000-2." On the Remittance Dates occurring in July 2000 and August 2000, if the Monthly Report for such Remittance Date indicates that the Amount Available (after payment of the amount specified in clause (1) of Section 8.03(a) and including in the Amount Available only payments in respect of interest on the Contracts) is not sufficient to pay the Class A Interest Distribution Amount, plus the Class M-1 Interest Distribution Amount, plus the Class M-2 Interest Distribution Amount, plus the Class B-1 Interest Distribution Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold Account for distribution on such Remittance Date in order first to pay any deficiency in the Capitalized Amount Available to pay the Class A Interest Account Deposit for Distribution Amount, second to pay any deficiency in the benefit of Amount Available to pay the Offered CertificateholdersClass M-1 Interest Distribution Amount, third to pay any deficiency in the Amount Available to pay the Class M-2 Interest Distribution Amount, and fourth to pay any deficiency in the Amount Available to pay the Class B-1 Interest Distribution Amount. (b) b. The Capitalized Interest Account will shall be part of the Trust but not part of any the Subsidiary REMIC Pool. Amounts held in or the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodMaster REMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment Green Tree Finance Corp.--Two shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Certificate Account. Funds in the Capitalized Interest Account shall, at the direction of Green Tree Finance Corp.--Two, be invested in Eligible Investments that mature no later than the Business Day prior to the next succeeding Remittance Date. All net income and gain from such lossinvestments shall be distributed to Green Tree Finance Corp.--Two on such Remittance Date. All amounts earned on amounts on deposit in the Capitalized Interest Account shall be taxed taxable to the SellerGreen Tree Finance Corp.--Two. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the c. Any funds on deposit remaining in the Capitalized Interest Account after the Remittance Date in August 2000 shall be distributed to the Seller and (iii) close Green Tree Finance Corp.- -Two. After such date no further amounts shall be deposited in or withdrawn from the Capitalized Interest Account. Any losses on such investments shall be deposited in the Capitalized Interest Account by Green Tree Finance Corp.--Two out of its own funds immediately as realized.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit Issuer shall deposit, or cause to be deposited, the Capitalized Interest Account Initial Deposit in into the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of In the Trust but not part of event that Available Funds, through the February 15, 2014 Distribution Date, are insufficient to make the payments described under Section 2.8(b) above on any REMIC Pool. Amounts held Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account prior on each Distribution Date an amount equal to such deficiency, and to distribute such amounts in the first Deposit Date same order and priority as is set forth in Section 2.8 above. (c) On the November 15, 2009 Distribution Date, the Administrator shall be invested instruct the Indenture Administrator in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in writing to withdraw from the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to in excess of $85,000,000 and deposit such amounts into the SellerCollection Account for inclusion in Available Funds on that Distribution Date. (cd) On each Prefunding the February 15, 2010 Distribution Date, the Trustee Administrator shall transfer instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds any amounts on deposit in the Capitalized Interest Account in excess of $80,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (e) On the May 15, 2010 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to the Seller and (iii) close withdraw from the Capitalized Interest AccountAccount any amounts on deposit in the Capitalized Interest Account in excess of $72,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (f) On the August 15, 2010 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $62,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (g) On the November 15, 2010 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $55,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (h) On the February 15, 2011 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $47,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (i) On the May 15, 2011 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $41,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (j) On the August 15, 2011 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $34,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (k) On the November 15, 2011 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $27,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (l) On the February 15, 2012 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $21,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (m) On the May 15, 2012 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $16,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (n) On the August 15, 2012 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $11,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (o) On the November 15, 2012 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $6,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (p) On the February 15, 2014 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts remaining on deposit in the Capitalized Interest Account and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date.

Appears in 1 contract

Sources: Administration Agreement (SLC Student Loan Trust 2009-2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will shall establish the Capitalized Interest Account, which must be an Eligible Account. The Capitalized Interest Account is to be held by and for the benefit of the Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee. (b) On or before the Closing Date, OMI shall deposit $361,000 in the Capitalized Interest Account. The Trustee shall, on the Business Day immediately preceding each Capitalized Interest Account Distribution Date, withdraw the Capitalized Interest Account Deposit Withdrawal Amount (as calculated by the Servicer and set forth in the related Remittance Report pursuant to Section 11(a)(ix) hereof), if any, from the Capitalized Interest Account for deposit in the Distribution Account in order to pay: (i) first, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class A Certificates for such Distribution Date, (ii) second, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-1 Certificates for such Distribution Date, (iii) third, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-2 Certificates for such Distribution Date, (iv) fourth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-1 Certificates for such Distribution Date, (v) fifth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-2 Certificates for such Distribution Date; and (vi) sixth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Class X Carryover Strip Amount for the Class X Certificates for such Distribution Date. After the Closing Date, OMI shall deposit additional amounts in the Capitalized Interest Account orto the extent that, if all Subsequent Mortgage Loans are purchased on after the Closing Date, in the Certificate Account. The Trustee shall hold withdrawal and application of funds from the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholderspursuant to this Section 10, any deficiency described in clauses (i)-(vi) above remains. (bc) The Capitalized Interest Account will shall be part of the Trust Trust, but not part of any the Pooling REMIC, the Intermediate REMIC Poolor the Issuing REMIC. Amounts held The Trustee, on behalf of the Trust, shall be the legal owner of the Capitalized Interest Account. OMI shall be the beneficial owner of the Capitalized Interest Account, subject to the foregoing power of the Trustee to withdraw amounts from the Capitalized Interest Account. Funds in the Capitalized Interest Account prior to shall, at the first Deposit Date shall direction of the Servicer, be invested in Permitted Eligible Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall that mature no later than the Deposit Date immediately following Business Day prior to the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereofrelated Capitalized Interest Account Distribution Date. All interest and other investment earnings amounts earned on amounts held deposits in the Capitalized Interest Account (and any other amounts remaining on deposit therein shall be taxable to OMI. The Trustee shall release to OMI all investment earnings in excess the Capitalized Interest Account upon written notice from an officer of OMI to the Trustee that all of the amounts Subsequent Assets have been transferred to be so withdrawn and deposited into the Certificate Account) Trust. The Capitalized Interest Account shall be paid an "outside reserve fund" within the meaning of Treasury regulation ss. 1.806G-2(h). The owner of the Capitalized Interest Account for tax purposes shall be OMI. For all federal tax purposes, amounts transferred by any of the Pooling REMIC, the Intermediate REMIC, or released the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI. (d) The Trustee shall release to OMI all funds remaining in the Seller Capitalized Interest Account on the Distribution Date immediately following the end final transfer of Subsequent Assets to the Trust upon written notice from an officer of OMI to the Trustee (which may be contained in the Notice and Direction to the Trustee under Section 9(b)(i) hereof) that all of the Funding Period and taxed Subsequent Assets have been transferred to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerTrust. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-OA1, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Oa1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Wells Fargo Bank Minnesota, N.A., as ▇▇▇▇nture Trustee for GMACM Home Equity Loan Trust 2002-HE1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit Issuer shall deposit, or cause to be deposited, the Capitalized Interest Account Initial Deposit in into the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized In the event that the Available Funds, through the February 2012 Distribution Date, are insufficient to make the payments described under Sections 2.8(b) and 2.8(c) above (or, only Section 2.8(b) if a Class B Interest Account will be part of Subordination Condition is in effect) on any Distribution Date, the Trust but not part of any REMIC Pool. Amounts held Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account prior on each Distribution Date an amount equal to such deficiency, and to distribute such amounts in the first Deposit Date same order and priority as is set forth in Section 2.8 above. (c) On the February 2008 Distribution Date, the Administrator shall be invested instruct the Indenture Administrator in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in writing to withdraw from the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to in excess of $60,000,000 and deposit such amounts into the SellerCollection Account for inclusion in Available Funds on that Distribution Date. (cd) On each Prefunding the May 2008 Distribution Date, the Trustee Administrator shall transfer instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds any amounts on deposit in the Capitalized Interest Account in excess of $46,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (e) On the November 2008 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to the Seller and (iii) close withdraw from the Capitalized Interest AccountAccount any amounts on deposit in the Capitalized Interest Account in excess of $22,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (f) On the May 2009 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $15,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (g) On the November 2009 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $12,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (h) On the May 2010 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $9,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (i) On the November 2010 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $6,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (j) On the May 2011 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts on deposit in the Capitalized Interest Account in excess of $3,000,000 and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date. (k) On the February 2012 Distribution Date, the Administrator shall instruct the Indenture Administrator in writing to withdraw from the Capitalized Interest Account any amounts remaining on deposit in the Capitalized Interest Account and deposit such amounts into the Collection Account for inclusion in Available Funds on that Distribution Date.

Appears in 1 contract

Sources: Administration Agreement (SLC Student Loan Trust 2007-2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account. On , U.S. Bank National Association, as trustee for the Closing Date, registered holders of L▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates Series 2006-12N” (the Trustee will deposit the Capitalized Interest Account Deposit Account”). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date up to and including the Distribution Date in October 2006, the Trustee will withdraw funds from the Capitalized Interest Account and such funds shall be used to pay (i) first, to the Senior Certificates, the amount of any Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such Class and such Distribution Date, in proportion to the amount of such shortfalls and (ii) second, to the Subordinate Certificates, in accordance with the Subordinate Priority, any applicable Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such Class and such Distribution Date, in each case, after giving effect (x) to distributions under Section 5.02(d) and Section 5.02(e) and (y) in the case of the Offered CertificateholdersClass 1-A2A1 and Class 1-A3A1A Certificates, amounts paid to such Class on such Distribution Date out of amounts received on the related Cap Agreement. (b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to in Eligible Investments as directed in writing by the first Deposit Date shall be invested in Permitted Investments of Depositor (provided that if the type specified in clause (f) of Trustee does not receive written direction from the definition of Permitted InvestmentsDepositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of shall not be invested) with a maturity date no later than the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Business Day preceding each Distribution Date immediately following the end of the Funding Period and taxed to the SellerDate. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with At no time will the Capitalized Interest Account be an asset of any such investment shall be for the account of the Seller REMICs provided for herein. All income and the Seller shall deposit the amount gain realized from investment of such loss (to the extent not offset by income from other investments) funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor on each Distribution Date. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon the realization of such loss. All amounts earned . (c) On the Distribution Date in October 2006, any amount remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Trust Agreement (Lehman XS Trust Series 2006-12n)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the The Trustee shall establish and maintain the in its name, an account entitled “Capitalized Interest Account. Account of [ - ], as Trustee, for the benefit of the Holders of FBRSI Trust 200_-_ Mortgage-Backed Securities, Series 200_-_.” On the Closing Date, the Trustee will Depositor shall deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Original Capitalized Interest Account Deposit for the benefit of the Offered CertificateholdersAmount. (b) The Capitalized Interest Account will shall be part of an Eligible Account. If an existing Capitalized Interest Account ceases to be an Eligible Account, the Trust but not part of Trustee shall establish a new Capitalized Interest Account that is an Eligible Account within 30 days and transfer all funds on deposit in such existing Capitalized Interest Account into such new Capitalized Interest Account. (c) On the Business Day preceding any REMIC Pool. Payment Date occurring during the Pre-Funding Period, the Trustee shall withdraw from the Capitalized Interest Account an amount equal to the Capitalized Interest Requirement for deposit into the Distribution Account for distribution to Securityholders in accordance with Section 7.7 on such Payment Date. (d) Amounts held on deposit in the Capitalized Interest Account prior to may be invested by the first Deposit Date Trustee only in Eligible Investments at the written direction of the Depositor. All investment income and other gain on such investments shall be invested in Permitted Investments for the benefit of the type specified in clause (f) Depositor and shall be subject to withdrawal on order of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodDepositor from time to time. The Trustee shall not be liable for amount of any losses on amounts invested incurred in accordance with respect of any such investments shall be paid by the provisions hereof. All interest and other investment earnings on amounts held in Depositor by a deposit into the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of its own funds, without right of reimbursement therefor, immediately as realized. In the amounts event the Depositor does not provide written direction to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee pursuant to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned this Section, all funds on deposit in the Capitalized Interest Account shall be taxed to invested in money market funds as described in the Sellerdefinition of Eligible Investments. (ce) On each Prefunding Distribution Datethe last day of the Pre-Funding Period, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds any remaining amounts on deposit in the Capitalized Interest Account to the Seller Distribution Account, which will be held uninvested, and (iii) close will be included in the Capitalized Interest Available Distribution Amount for distribution to the Securityholders as an additional prepayment of principal on the immediately following Payment Date in accordance with the priorities set forth in Section 7.7 and terminate such Account.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (FBR Securitization, Inc.)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fe) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Aames Capital Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Bank One, National Association, as Indenture Trustee for GMACM Home Loan Trust 2001-CL1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $92,090.12, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Home Loans for which the Trust but first monthly payment is due on or after December 1, 2001. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the applicable Note Rate on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date). Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $92,090.12 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Home Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB4, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders and the Offered CertificateholdersInsurer for the uses and purposes set forth herein. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Securities Administrator shall invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.06, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab4)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Bank One, National Association, as Indenture Trustee for GMACM Home Loan Trust 2002-HLTV1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $80,103.47, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Home Loans for which the Trust but first monthly payment is due on or after October 1, 2002. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the applicable Note Rate on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date other than any Policy Draw Amount pursuant to Section 3.28(a) of the Indenture in respect of accrued interest on the Notes). Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $80,103.47 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Home Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Credit Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the "Capitalized Interest Account") for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit Closing Date Eligible Investments with a principal balance equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Receivables Note Trust 2007-A, Timeshare Loan-Backed Notes, Series 2007-A -- Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the "Capitalized Interest Account". Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:

Appears in 1 contract

Sources: Indenture (Bluegreen Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account, We▇▇▇ ▇argo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-5, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Capitalized Interest Account Deposit shall be deemed to consist of two sub-accounts, the “Group I Capitalized Interest Sub-Account” and the “Group II Capitalized Interest Sub-Account”. The Securities Administrator shall, promptly upon receipt, deposit in the related sub-account and retain therein the Original Group I Capitalized Interest Amount and Original Group II Capitalized Interest Amount, as applicable, remitted on the Closing Date by the Depositor. Funds deposited in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, shall be held in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain (net of any losses) realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the Sellerapplicable sub-account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date amount remaining in the Trustee shall (i) transfer the Group I Capitalized Interest RequirementSub-Account or Group II Capitalized Interest Sub-Account, if anyas applicable, for the following related Distribution Date from Date. If any funds remain in the Capitalized Interest Account to at the Certificate Account, (ii) remit the balance end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-5)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will shall establish the Capitalized Interest Account, which must be an Eligible Account. The Capitalized Interest Account is to be held by and for the benefit of the Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee. (b) On or before the Closing Date, OMI shall deposit $342,263 in the Capitalized Interest Account. The Trustee shall, on the Business Day immediately preceding each Capitalized Interest Account Distribution Date, withdraw the Capitalized Interest Account Deposit Withdrawal Amount (as calculated by the Servicer and set forth in the related Remittance Report pursuant to Section 12(a)(ix) hereof), if any, from the Capitalized Interest Account in order to pay: (i) first, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class A Certificates for such Distribution Date, (ii) second, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-1 Certificates for such Distribution Date, (iii) third, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-2 Certificates for such Distribution Date, (iv) fourth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-1 Certificates for such Distribution Date, and (v) fifth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-2 Certificates for such Distribution Date. (c) The Capitalized Interest Account shall be part of the Trust, but not part of the Pooling REMIC, the Intermediate REMIC or the Issuing REMIC. The Trustee, on behalf of the Trust, shall be the legal owner of the Capitalized Interest Account. OMI shall be the beneficial owner of the Capitalized Interest Account, subject to the foregoing power of the Trustee to withdraw amounts from the Capitalized Interest Account. Funds in the Capitalized Interest Account orshall, if all Subsequent Mortgage Loans are purchased on at the Closing Datedirection of the Servicer, be invested in Eligible Investments that mature no later than the Certificate Account. The Trustee shall hold Business Day prior to the related Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC PoolDistribution Date. Amounts held All amounts earned on deposits in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Periodtaxable to OMI. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other release to OMI all investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess upon written notice from an officer of OMI to the Trustee that all of the amounts Subsequent Assets have been transferred to be so withdrawn and deposited into the Certificate Account) Trust. The Capitalized Interest Account shall be paid an "outside reserve fund" within the meaning of Treasury regulation ss. 1.806G-2(h). The owner of the Capitalized Interest Account for tax purposes shall be OMI. For all federal tax purposes, amounts transferred by any of the Pooling REMIC, the Intermediate REMIC, or released the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI. (d) The Trustee shall release to OMI all funds remaining in the Seller Capitalized Interest Account on the Distribution Date immediately following the end final transfer of Subsequent Assets to the Trust upon written notice from an officer of OMI to the Trustee (which may be contained in the Notice and Direction to the Trustee under Section 10(b)(i) hereof) that all of the Funding Period and taxed Subsequent Assets have been transferred to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerTrust. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2005-6HE, Asset-Backed Certificates, Series TMTS 2005-6HE” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. The Trustee hereby appoints the Offered CertificateholdersSecurities Administrator as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 5.08. With respect to any Distribution Date up to and including the Distribution Date in June 2005, the Securities Administrator will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.08. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of as directed in writing by the type specified in clause Seller (f) of provided that if the definition of Permitted InvestmentsSecurities Administrator does not receive written direction from the Seller, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on then amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess shall not be invested) with a maturity date no later than the Business Day preceding each Distribution Date. For federal income tax purposes, the Seller shall be the owner of the amounts to Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be so withdrawn an asset of any of the REMICs provided for herein. All income and gain realized from investment of funds deposited into in the Certificate Account) Capitalized Interest Account shall be paid or released for the sole and exclusive benefit of the Seller and shall be remitted by the Trustee Securities Administrator to the Seller on each Distribution Date. The Seller shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. (c) Upon the earliest of (i) the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to the Seller. (c) On each Prefunding Distribution Date, withdrawn by the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Terwin Mortgage Trust Asset-Backed Certificates, Series TMTS 2005-6he)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account. On , U.S. Bank National Association, as trustee for the Closing Date, registered holders of L▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates Series 2006-GP4” (the Trustee will deposit the Capitalized Interest Account Deposit Account”). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date up to and including the Distribution Date in September 2006, the Trustee will withdraw funds from the Capitalized Interest Account and such funds shall be used to pay (i) first, to the Senior Certificates, the amount of any Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date, in proportion to the Offered Certificateholdersamount of such shortfalls and (ii) second, to the Subordinate Certificates, in accordance with the Subordinate Priority, any applicable Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date, in each case, after giving effect to distributions under Section 5.02(d)(iv). (b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to in Eligible Investments as directed in writing by the first Deposit Date shall be invested in Permitted Investments of Depositor (provided that if the type specified in clause (f) of Trustee does not receive written direction from the definition of Permitted InvestmentsDepositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of shall not be invested) with a maturity date no later than the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Business Day preceding each Distribution Date immediately following the end of the Funding Period and taxed to the SellerDate. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with At no time will the Capitalized Interest Account be an asset of any such investment shall be for the account of the Seller REMICs provided for herein. All income and the Seller shall deposit the amount gain realized from investment of such loss (to the extent not offset by income from other investments) funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor on each Distribution Date. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon the realization of such loss. All amounts earned . (c) On the Distribution Date in September 2006, any amount remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Trust Agreement (Lehman XS Trust Series 2006-Gp4)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account, which must be an Eligible Account. The Capitalized Interest Account Deposit is to be held by and for the benefit of the Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee. (b) On or before the Closing Date, OMI shall deposit $373,000 in the Capitalized Interest Account. After the Closing Date, OMI shall deposit additional amounts in the Capitalized Interest Account orto the extent that, if all Subsequent Mortgage Loans are purchased on after the Closing Date, in the Certificate Account. The Trustee shall hold withdrawal and application of funds from the Capitalized Interest Account Deposit pursuant to this Section 11, any deficiency in the Available Distribution Amount remains. The Trustee shall, on the Business Day immediately preceding each Capitalized Interest Account Distribution Date, withdraw the Capitalized Interest Account Withdrawal Amount (as calculated by the Servicer and set forth in the related Remittance Report pursuant to Section 12(a)(ix) hereof), if any, from the Capitalized Interest Account for deposit in the Distribution Account in order to pay: (i) first, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the benefit of Class A Certificates for such Distribution Date, (ii) second, any deficiency in the Offered CertificateholdersAvailable Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-1 Certificates for such Distribution Date, (iii) third, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-2 Certificates for such Distribution Date, (iv) fourth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-1 Certificates for such Distribution Date, (v) fifth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-2 Certificates for such Distribution Date; and (vi) sixth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class X Certificates for such Distribution Date. (bc) The Capitalized Interest Account will shall be part of the Trust Trust, but not part of any the Pooling REMIC, the Intermediate REMIC Poolor the Issuing REMIC. Amounts held The Trustee, on behalf of the Trust, shall be the legal owner of the Capitalized Interest Account. OMI shall be the beneficial owner of the Capitalized Interest Account, subject to the foregoing power of the Trustee to withdraw amounts from the Capitalized Interest Account. Funds in the Capitalized Interest Account prior to shall, at the first Deposit Date shall direction of the Servicer, be invested in Permitted Eligible Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall that mature no later than the Deposit Date immediately following Business Day prior to the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereofrelated Capitalized Interest Account Distribution Date. All interest and other investment earnings amounts earned on amounts held deposits in the Capitalized Interest Account (and any other amounts remaining on deposit therein shall be taxable to OMI. The Trustee shall release to OMI all investment earnings in excess the Capitalized Interest Account upon written notice from an officer of OMI to the Trustee that all of the amounts Subsequent Assets have been transferred to be so withdrawn and deposited into the Certificate Account) Trust. The Capitalized Interest Account shall be paid an "outside reserve fund" within the meaning of Treasury regulation ss. 1.806G-2(h). The owner of the Capitalized Interest Account for tax purposes shall be OMI. For all federal tax purposes, amounts transferred by any of the Pooling REMIC, the Intermediate REMIC, or released the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI. (d) The Trustee shall release to OMI all funds remaining in the Seller Capitalized Interest Account on the Distribution Date immediately following the end final transfer of Subsequent Assets to the Trust upon written notice from an officer of OMI to the Trustee (which may be contained in the Notice and Direction to the Trustee under Section 10(b)(i) hereof) that all of the Funding Period and taxed Subsequent Assets have been transferred to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerTrust. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Wells Fargo Bank, N.A., as Indent▇▇▇ ▇rustee for GMACM Home Equity Loan Trust 2004-HE4" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2004-He4)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Norwest Bank Minnesota, National Association, as Indenture Trustee for GMACM Revolving Home Equity Loan Trust 1998-2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from the Capitalized Interest Account Deposit for Seller, the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end of the Funding Periodnext succeeding Payment Date. The Trustee Servicer shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in deposit into the Capitalized Interest Account (and the amount of any other amounts remaining on deposit therein net loss incurred in excess respect of the amounts to be so withdrawn and deposited into the Certificate Account) any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment Account and shall be for report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the account Pre-Funding Period and on the Payment Date immediately after the end of the Seller and Pre-Funding Period, the Seller Indenture Trustee shall deposit the amount of such loss (to the extent not offset by income withdraw from other investments) in the Capitalized Interest Account immediately upon and deposit into the realization Custodial Account the Capitalized Interest Requirement for such Payment Date. (c) Upon the earlier of such loss. All amounts earned (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the Seller. (cd) On each Prefunding Distribution DateNotwithstanding anything to the contrary herein, the Trustee Servicer shall transfer from advance such funds to the Capitalized Interest Account on or before each Payment Date as are necessary to the Certificate Account cover the Capitalized Interest Requirement, if any, Requirement for such Distribution Payment Date; provided, however, that on the final Subsequent Transfer Date the Trustee . The Servicer shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date be entitled to reimbursement of such amounts from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account Custodial Account, but only to the Seller and (iii) close extent that, after giving effect to such reimbursement on any Payment Date, the Capitalized Interest AccountOutstanding Overcollateralization Amount shall be at least equal to the Overcollateralization Target Amount on such Payment Date.

Appears in 1 contract

Sources: Servicing Agreement (Bear Stearns Asset Back Sec Inc Gmacm Rev Ho Eq Lo Tr 1998-2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Norwest Bank Minnesota, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2000-HE2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from the Capitalized Interest Account Deposit for Seller, the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized Account and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the applicable Note Rate on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date other than any Policy Draw Amount pursuant to Section 3.28(a)(i) of the Indenture). (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment shall be for the account of the Seller and Subsequent Transfer Date, the Seller shall deposit instruct the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account, Wells Fargo Bank Minnesota, N.A., as Indenture Trustee for GMACM Home Equity Loan Trust 2003-HE1" (the "Capitalized Interest Account"). On the Closing Date, the Issuer shall deposit with the Indenture Trustee, and the Indenture Trustee will shall, promptly upon receipt thereof, deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Gmacm Home Equity Loan Backed Term Notes Ser 2003-He1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Norwest Bank Minnesota, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2000-HE1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from the Capitalized Interest Account Deposit for Seller, the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end of the Funding Periodnext succeeding Payment Date. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized Account and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the related Note Rates on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date other than any Policy Draw Amount pursuant to Section 3.28(a)(i) of the Indenture). (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment shall be for the account of the Seller and Subsequent Transfer Date, the Seller shall deposit instruct the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , JPMorgan Chase Bank, as Indenture Trustee for Wachovia Asset Securitization, Inc. 2002-HE1 Trust" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received a written investment direction from Seller, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Seller shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by Capitalized Interest Account the Trustee to the Seller on the Distribution Date amount of any net loss incurred in respect of any such Permitted Investment immediately following the end upon realization of the Funding Period and taxed to the Sellersuch loss without any right of reimbursement therefor. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment shall be for the account of the Seller and the Subsequent Transfer Date, Seller shall deposit instruct in writing the amount of such loss (Indenture Trustee to pay the extent not offset by income Depositor from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerDepositor. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the The Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate AccountCapitalized Interest Account Deposit. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered CertificateholdersClass [A] Certificates. Each Class of the Class [A] Certificateholders will be entitled to the full Interest Distribution Amount for such Class, respectively, during the Funding Period. On the __________ 199_ Deposit Date, (a) an amount equal to [30] days interest on the Pre-Funding Account Deposit (and for Pool II and Pool IV, interest calculated at the actual number of days since the last Distribution Date, but not including the current Distribution Date), computed at a per annum rate equal to the weighted average of the Pass-Through Rates for each Class, shall be withdrawn from the Capitalized Interest Account and deposited into the appropriate Certificate Account in respect of Available Funds of the related Pool for such Distribution Date. (b) The Capitalized Interest Account will be part of the Trust Estate but not part of any the REMIC PoolTrust. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fiv) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the next succeeding 99 108 Deposit Date immediately following the end of the Funding PeriodDate. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the __________ 199_ Distribution Date immediately following Date. All amounts earned on deposit in the end of the Funding Period and Capitalized Interest Account shall be taxed to the Seller. For federal , and for federal, state and local income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller Seller, and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Cityscape Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Indenture Trustee, at the direction of the Servicer, shall establish and maintain, a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account Deposit Account, JPMorgan Chase Bank, National Association, as Indenture Trustee for the registered holders of NovaStar Mortgage Funding Trust 2006-MTA1, Home Equity Loan Asset-Backed Certificates, Series 2006-MTA1” (the “Capitalized Interest Account”). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein (i) the Interest Coverage Amount (which amount is $1,000,000) remitted on the Closing Date, Date to the Indenture Trustee by the Depositor and (ii) income and gain realized from investments in the Certificate Pre-Funding Account. The Trustee shall hold Funds deposited in the Capitalized Interest Account Deposit shall be held in trust by the Indenture Trustee, for the benefit of Noteholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account will be part All income and gain realized from investment of the Trust but not part of any REMIC Pool. Amounts held funds deposited in the Capitalized Interest Account prior shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Indenture Trustee to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Depositor no later than the Deposit following Payment Date following receipt of such income and gain by the Indenture Trustee. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. (c) On each Payment Date during the Pre-Funding Period, if any, and on the Payment Date immediately following the termination of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account, to the extent funds are available therefore, and deposit in the Payment Account an amount, as provided in the related Determination Date Report, equal to the lesser of (i) the amount remaining in the Capitalized Interest Account for such Payment Date and (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the extent not paid pursuant to Section 4.01(a)(i). (d) Upon the earliest of (i) the Payment Date immediately following the end of the Pre-Funding Period. The Trustee shall not be liable for any losses on amounts invested , (ii) the reduction of the Certificate Principal Balances of the Certificates to zero or (iii) the termination of this Agreement in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and Section 11.01, any other amounts amount remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account after distributions pursuant to paragraph (c) above shall be taxed withdrawn by the Indenture Trustee and remitted to the SellerDepositor or its designee, solely upon the Depositor’s written direction. (ce) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit Amounts in the Capitalized Interest Account shall only be invested at the prior written direction of the Depositor. If no such prior written investment direction has been provided by the Depositor to the Seller and (iii) close Indenture Trustee, the Capitalized Interest AccountIndenture Trustee shall hold such amounts uninvested.

Appears in 1 contract

Sources: Indenture (NovaStar Certificates Financing CORP)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account, Wells Fargo Bank Minnesota, ▇.▇., as Indenture Trustee for GMACM Home Equity Loan Trust 2003-HE2" (the "Capitalized Interest Account"). On Notwithstanding anything herein to the Closing Datecontrary, the Trustee will deposit the Capitalized Interest Account Deposit shall not be an asset of REMIC I, REMIC II or REMIC III. To the extent that the Capitalized Interest Account constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of REMIC I, REMIC II or REMIC III, (2) it shall be owned by GMACM, as Servicer and (3) amounts transferred by REMIC I, REMIC II or REMIC III to the Capitalized Interest Account shall be treated as transferred to GMACM, ▇▇ ▇▇▇▇▇▇▇▇, ▇r any successor, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $322,520.59, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Mortgage Loans for which the Trust but first monthly payment is due on April 1, 2003. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the sum of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the Excess Capitalized Interest Requirement for such Payment Date. Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $322,520.59 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such lossthe amount on deposit therein over the recomputed Interest Coverage Amount. All amounts earned Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Gmacm Home Equity Loan Trust 2003-He2)

Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Indenture Trustee will shall deposit in the Capitalized Interest Account, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Amount. The Capitalized Interest Account Deposit shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “Silverleaf Timeshare Loan-Backed Notes, Series 2006-A―Capitalized Interest Account, ▇▇▇▇▇ Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Collateral. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two (2) Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for be made in the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.manner:

Appears in 1 contract

Sources: Indenture (Silverleaf Resorts Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Adjustable Rate Group Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fe) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account. (d) The Capitalized Interest Account shall be closed on the Distribution Date immediately following the end of the Funding Period. All amounts, if any, remaining in the Capitalized Interest Account on such day shall be paid to the Seller.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Aames Mortgage Trust 1999-1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , The Bank of New York Trust Company, N.A., as Indenture Trustee for GMACM Home Equity Loan Trust 2007-HE1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. Notwithstanding anything herein to the contrary, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for shall not be an asset of any REMIC. To the benefit of extent that the Offered Certificateholders. (b) The Capitalized Interest Account will constitutes a reserve fund for federal income tax purposes, (1) it shall be part an outside reserve fund and not an asset any REMIC, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred any REMIC to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Trust but Treasury Regulations. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. In no event shall the Indenture Trustee be liable for any investment losses on Permitted Investments held in or credited to the Capitalized Interest Account. Any losses realized , provided that such investments are made in accordance with the provisions of this Agreement and the Indenture Trustee is not the obligor under the Permitted Investment. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount and shall notify the Indenture Trustee of such calculation taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount notified to the Indenture Trustee. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2007-He1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB3, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders and the Offered CertificateholdersCertificate Insurer for the uses and purposes set forth herein. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Securities Administrator shall invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.06, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab3)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Paying Agent shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, Citibank, N.A., as trustee for the registered holders of Chase Funding, Mortgage Loan Asset-Backed Certificates, Series 2000-3" (the "Capitalized Interest Account"). The Paying Agent shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Paying Agent by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Paying Agent for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Paying Agent will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature with a maturity date no later than the Deposit Date immediately following Business Day preceding each Distribution Date. For federal income tax purposes, the end Depositor shall be the owner of the Funding PeriodCapitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. The Trustee shall not At no time will the Capitalized Interest Account be liable for any losses on amounts invested in accordance with an asset of either of the provisions hereofSubsidiary REMIC or the Master REMIC. All interest income and other gain realized from investment earnings on amounts held of funds deposited in the Capitalized Interest Account (shall be for the sole and any other amounts remaining on deposit therein in excess exclusive benefit of the amounts to be so withdrawn Master Servicer and deposited into the Certificate Account) shall be paid or released remitted by the Trustee Paying Agent to the Seller Master Servicer on each Distribution Date. The Master Servicer shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. (c) With respect to each Distribution Date during the Funding Period and on the Distribution Date immediately following the end of the Funding Period and taxed to Period, the Seller. For federal and state income tax purposes the Seller Paying Agent shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income withdraw from other investments) in the Capitalized Interest Account and deposit in the Certificate Account an amount, as provided in the related Monthly Statement, equal to (i) 30 days' (or in the case of the Class IA-1, Class IIA-1, Class IIM-1, Class IIM-2 and Class IIB Certificates and the Distribution Date in October 2000, 27 days') interest on the Original Pre-Funded Amount (reduced by any amounts withdrawn from the Pre-Funding Account to purchase Subsequent Mortgage Loans) calculated at an annual rate equal to sum of (1) the weighted average of the Pass-Through Rates 101 on the Group I and Group II Certificates and (2) 0.0073% per annum, minus (ii) the sum of (1) all scheduled interest due during the related Due Period on Subsequent Mortgage Loans and received before the related Servicer Remittance Date or Advanced on or before the related Servicer Remittance Date and (2) any Advance in respect of the interest portion of delinquent Scheduled Payments on the Subsequent Mortgage Loans conveyed to the Trustee during the related Due Period. (d) Upon the earliest of (i) the Distribution Date in the month immediately upon following the realization end of such loss. All amounts earned the Funding Period, (ii) the reduction of the Certificate Principal Balance of the Group I Class A Certificates, Class IIA-1 Certificates, Class IM-1 Certificates, Class IM-2 Certificates, Class IIM-1 Certificates and Class IIM-2 Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Capitalized Interest Account shall be taxed after distributions pursuant to the Seller. paragraph (c) On each Prefunding Distribution Date, above shall be withdrawn by the Trustee shall transfer from the Capitalized Interest Account Paying Agent and paid to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountDepositor or its designee.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Chase Funding Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , _______________, as Indenture Trustee for Home Equity Loan Trust [ ]-[ ]" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from ______________, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, ______________ shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the Seller______________. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.]

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing DateDate relating to the Series 199_-_ Notes, (i) the Trustee will Seller shall deposit the Capitalized Interest Account Deposit $_________ in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and (ii) the Closing Date, in Administrator shall instruct the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Indenture Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed all amounts transferred from the Capitalized Pre-Funding Account pursuant to the Seller. (c) Section 5.9. On each Prefunding Note Distribution Date, for so long as funds remain therein, the Indenture Trustee shall transfer withdraw from the Capitalized Interest Account for deposit into the Note Distribution Account an amount up to the Certificate Account the Capitalized Interest Requirementexcess, if any, of the Noteholders' Interest Distribution Amount for such Note Distribution Date over the sum of the amounts transferred to the Note Distribution Account pursuant to Sections 5.5(a) and 5.9. Also, on each Certificate Distribution Date; provided, howeverfor so long as funds remain therein, that on the final Subsequent Transfer Date the Indenture Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date withdraw from the Capitalized Interest Account and transfer to the Eligible Lender Trustee, by wire transfer no later than 11:00 a.m. New York time, for deposit in the Certificate Distribution Account an amount up to the excess, if any, of the Certificateholders' Interest Distribution Amount for such Certificate Distribution Date over the amount transferred to the Certificate Distribution Account pursuant to Section 5.5(b). On the last Note Distribution Date occurring in [__________] for any Series of Notes (after giving effect to all withdrawals from the Capitalized Interest Account and the Certificate Monthly Advance Account), (ii) remit the balance of Administrator shall instruct the funds on deposit Indenture Trustee to withdraw any amounts remaining in the Capitalized Interest Account and transfer such amounts to the Seller and (iii) close Reserve Account or, with the Capitalized Interest Accountconsent of the Surety Provider, apply such amounts as Additional Principal Payments.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Transworld Insurance Co)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account. On , Citibank, N.A., as trustee for the Closing Dateregistered holders of Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2001-2" (the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. The Trustee hereby appoints the Paying Agent as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 4.07. (b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature with a maturity date no later than the Deposit Date immediately following Business Day preceding each Distribution Date. For federal income tax purposes, the end Depositor shall be the owner of the Funding PeriodCapitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. The Trustee shall not At no time will the Capitalized Interest Account be liable for any losses on amounts invested in accordance with an asset of either of the provisions hereofSubsidiary REMIC or the Master REMIC. All interest income and other gain realized from investment earnings on amounts held of funds deposited in the Capitalized Interest Account (shall be for the sole and any other amounts remaining on deposit therein in excess exclusive benefit of the amounts to be so withdrawn Servicer and deposited into the Certificate Account) shall be paid or released remitted by the Trustee to the Seller Servicer on each Distribution Date. The Servicer shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. (c) With respect to each Distribution Date (other than the Distribution Date in June 2001) during the Funding Period and on the Distribution Date immediately following the end of the Funding Period and taxed to Period, the Seller. For federal and state income tax purposes the Seller Paying Agent shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income withdraw from other investments) in the Capitalized Interest Account and deposit in the Certificate Account an amount, as provided in the related Monthly Statement, equal to (i) the sum of (x) 30 days' interest on the sum of (a) the Group I Pre-Funded Amount immediately upon following the realization preceding Distribution Date and (b) the aggregate Stated Principal Balance of such lossthe Group I Mortgage Loans immediately following the preceding Distribution Date at the Group I Net Rate and (y) 30 days' interest on the sum of (a) the Group II Pre-Funded Amount immediately following the preceding Distribution Date and (b) the aggregate Stated Principal Balance of the Group II Mortgage Loans immediately following the preceding Distribution Date at the Group II Net Rate, minus (ii) all scheduled interest due at the Net Mortgage Rates during the related Due Period on the Group I and Group II Mortgage Loans. All amounts earned The Depositor shall be required to deposit into the Capitalized Interest Account an amount sufficient to permit the Paying Agent to make the withdrawals required by this Section 4.07. (d) Upon the earliest of (i) the Distribution Date in the month immediately following the end of the Funding Period, (ii) the reduction of the Certificate Principal Balance of the Group I Class A Certificates, Class IIA-1 Certificates, Class IIA-2 Certificates, Class IM-1 Certificates, Class IM-2 Certificates, Class IIM-1 Certificates and Class IIM-2 Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Capitalized Interest Account shall be taxed after distributions pursuant to the Seller. paragraph (c) On each Prefunding Distribution Date, above shall be withdrawn by the Trustee shall transfer from the Capitalized Interest Account and paid to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountDepositor or its designee.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Chase Funding Inc)

Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (athe "CAPITALIZED INTEREST ACCOUNT") Unless all Subsequent Mortgage Loans are purchased by for the Trust on benefit of the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest AccountNoteholders. On the Closing Date, the Indenture Trustee will deposit shall deposit, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Account Deposit Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Receivables Note Trust 2004-B -- Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two (2) Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the "Capitalized Interest Account". Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:

Appears in 1 contract

Sources: Indenture (Bluegreen Corp)

Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit an amount equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Receivables Note Trust 2012-A, Timeshare Loan-Backed Notes, Series 2012-A — Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted InvestmentsIndenture Trustee shall, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Section 3.1(i), establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of which if not maintained by the amounts Indenture Trustee is subject to be so withdrawn and deposited into an account control agreement satisfactory to the Certificate AccountIndenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:

Appears in 1 contract

Sources: Indenture (Bluegreen Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, a. On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust, which must be an Eligible Account, and shall deposit therein $ received from the Seller pursuant to Section 2.02(m). The Capitalized Interest Account shall be entitled "Capitalized Interest Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Equity Loan Certificates, Series 2000-B." On the Payment Date occurring in each of April 2000, May 2000 and June 2000, if the Monthly Report for such Payment Date indicates that the Amount Available (after payment of the amount specified in clause (1) of Section 8.04(b) and including in the Amount Available only payments in respect of interest on the Loans) is not sufficient to pay the Class AF Formula Interest Distribution Amount, the Class MF-1 Formula Interest Distribution Amount, the Class MF-2 Formula Interest Distribution Amount, and the Class BF-1 Formula Interest Distribution Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold Account for distribution on such Payment Date in order first to pay any deficiency in the Capitalized Amount Available to pay the Class AF Formula Interest Account Deposit for Distribution Amount, second to pay any deficiency in the benefit of Amount Available to pay the Offered CertificateholdersClass MF-1 Formula Interest Distribution Amount, third to pay any deficiency in the Amount Available to pay the Class MF-2 Formula Interest Distribution Amount, and fourth to pay any deficiency in the Amount Available to pay the Class BF-1 Formula Interest Distribution Amount. (b) b. The Capitalized Interest Account will shall be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodREMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment The Seller shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Certificate Account. Funds in the Capitalized Interest Account shall, at the direction of the Seller, be invested in Eligible Investments that mature no later than the Business Day prior to the next succeeding Payment Date. All net income and gain from such lossinvestments shall be distributed to the Seller on such Payment Date. All amounts earned on amounts on deposit in the Capitalized Interest Account shall be taxed taxable to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the c. Any funds on deposit remaining in the Capitalized Interest Account after the Payment Date in June 2000 shall be distributed to the Seller and (iii) close Seller. After such date no further amounts shall be deposited in or withdrawn from the Capitalized Interest Account. Any losses on such investments shall be deposited in the Capitalized Interest Account by the Seller out of its own funds immediately as realized.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR3, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar3)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Indenture Trustee, at the direction of the Servicer, shall establish and maintain, a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account Deposit Account, Deutsche Bank National Trust Company, as Indenture Trustee for the registered holders of Accredited Mortgage Loan Trust 2006-2, Asset-Backed Notes Series 2006-2” (the “Capitalized Interest Account”). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein (i) the Interest Coverage Amount (which amount is $2,387,556) remitted on the Closing Date, Date to the Indenture Trustee by the Depositor and (ii) income and gain realized from investments in the Certificate Pre-Funding Account. The Trustee shall hold Any amounts remaining in the Capitalized Interest Account Deposit (including investment earnings) and not needed for such purpose will be paid to the benefit of Depositor and will not thereafter be available for payment to the Offered CertificateholdersNoteholders. (b) The Capitalized Interest Account will be part All income and gain realized from investment of the Trust but not part of any REMIC Pool. Amounts held funds deposited in the Capitalized Interest Account prior shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Indenture Trustee to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Depositor no later than the Deposit following Payment Date following receipt of such income and gain by the Indenture Trustee. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. (c) On each Payment Date during the Pre-Funding Period, if any, and on the Payment Date immediately following the termination of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account, to the extent funds are available therefore, and deposit in the Payment Account an amount, as provided in the related Indenture Trustee Remittance Report, equal to the lesser of (i) the amount remaining in the Capitalized Interest Account for such Payment Date and (ii) the amount of any unpaid Accrued Note Interest for the Class A Notes and the Class M Notes, to the extent not paid pursuant to Section 8.01. (d) As permitted by the Rating Agencies, amounts on deposit in the Capitalized Interest Account after distributions pursuant to paragraph (c) above may be withdrawn by the Indenture Trustee and remitted to the Depositor or its designee, solely upon the Depositor’s written direction. Upon the earliest of (i) the Payment Date immediately following the end of the Pre-Funding Period. The Trustee shall not be liable for any losses on amounts invested , (ii) the reduction of the Class Note Principal Balances of the Notes to zero or (iii) the termination of this Agreement in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and Section 11.01, any other amounts amount remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account after distributions pursuant to paragraph (c) above shall be taxed withdrawn by the Indenture Trustee and remitted to the SellerDepositor or its designee, solely upon the Depositor’s written direction. (ce) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit Amounts in the Capitalized Interest Account shall only be invested at the prior written direction of the Depositor. If no such prior written investment direction has been provided by the Depositor to the Seller and (iii) close Indenture Trustee, the Capitalized Interest AccountIndenture Trustee shall hold such amounts uninvested.

Appears in 1 contract

Sources: Indenture (Accredited Mortgage Loan Trust 2006-2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , JPMorgan Chase Bank, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2006-HE1" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. In no event shall the Indenture Trustee be liable for any investment losses on Permitted Investments held in or credited to the Capitalized Interest Account. Any losses realized , provided that such investments are made in accordance with the provisions of this Agreement and the Indenture Trustee is not the obligor under the Permitted Investment. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount and shall notify the Indenture Trustee of such calculation taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount notified to the Indenture Trustee. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He1)

Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Indenture Trustee will shall deposit in the Capitalized Interest Account, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Amount. The Capitalized Interest Account Deposit shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “Silverleaf Timeshare Loan-Backed Notes, Series 2011-A—Capitalized Interest Account, ▇▇▇▇▇ Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two (2) Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for be made in the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.manner:

Appears in 1 contract

Sources: Indenture (Silverleaf Resorts Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , The Bank of New York Trust Company, N.A., as Indenture Trustee for GMACM Home Equity Loan Trust 2007-HE2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. Notwithstanding anything herein to the contrary, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for shall not be an asset of any REMIC. To the benefit of extent that the Offered Certificateholders. (b) The Capitalized Interest Account will constitutes a reserve fund for federal income tax purposes, (1) it shall be part an outside reserve fund and not an asset any REMIC, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred any REMIC to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Trust but Treasury Regulations. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. In no event shall the Indenture Trustee be liable for any investment losses on Permitted Investments held in or credited to the Capitalized Interest Account. Any losses realized , provided that such investments are made in accordance with the provisions of this Agreement and the Indenture Trustee is not the obligor under the Permitted Investment. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount and shall notify the Indenture Trustee of such calculation taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount notified to the Indenture Trustee. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2007-He2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2005-14HE, Asset-Backed Certificates, Series TMTS 2005-14HE" (the "Capitalized Interest Account"). The Securities ▇▇▇▇▇▇▇▇▇▇▇▇▇ shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee and the Securities Administrator on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. With respect to any Distribution Date up to and including the Offered CertificateholdersDistribution Date in October 2005, the Securities Administrator will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.10. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held funds deposited in the Capitalized Interest Account prior to shall remain uninvested. For federal income tax purposes, the first Deposit Date Seller shall be invested in Permitted Investments the owner of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be an asset of any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into REMICs provided for herein. (c) Upon the Certificate Accountearliest of (i) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to withdrawn by the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account Securities Administrator and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-14he)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Servicer, for the Trust on benefit of the Closing DateSecurityholders, or unless shall cause to be established and maintained in the name of the Indenture Trustee a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee, in Article Itrust for the Empire Funding Home Loan Asset Backed Notes, Series 1997-5." The Capitalized Interest Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of Eligible Account. The creation of a Capitalized Interest Account other than one maintained with the Indenture Trustee shall establish be evidenced by a letter agreement between the Servicer and maintain the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, upon request of any Securityholder, to such Securityholder. Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 5.03 hereof. On the Closing Date, the Owner Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all the Capitalized Interest Initial Deposit from the net proceeds of the sale of the Notes and the Certificates and on each Subsequent Mortgage Loans are purchased on Transfer Date the Closing Date, Owner Trustee will deposit in the Certificate Account. The Trustee shall hold the Capitalized Interest Account any applicable Capitalized Interest Subsequent Deposit for the benefit of the Offered Certificateholderswith respect to each Subsequent Loan. (b) The Capitalized Interest Account On each Determination Date during the Pre-Funding Period (including the Determination Date in the month following the Due Period during which the Pre-Funding Period ends), the Indenture Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held in withdraw from the Capitalized Interest Account prior an amount equal to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account Requirement and deposit such amount into the Collection Account. (and c) On the Mandatory Redemption Date, any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed paid to the SellerTransferor. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1997-5)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will shall establish the Capitalized Interest Account, which must be an Eligible Account. The Capitalized Interest Account is to be held by and for the benefit of the Trustee on behalf of the Certificateholders, and shall be either in the Trustee's name or designated in a manner that reflects the custodial nature of the account and that all funds (including investment earnings thereon) in such account are held for the benefit of the Trustee. (b) On or before the Closing Date, OMI shall deposit $260,000 in the Capitalized Interest Account. The Trustee shall, on the Business Day immediately preceding each Capitalized Interest Account Distribution Date, withdraw the Capitalized Interest Account Deposit Withdrawal Amount (as calculated by the Servicer and set forth in the related Remittance Report pursuant to Section 11(a)(9)), if any, from the Capitalized Interest Account in order to pay: (i) first, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class A Certificates for such Distribution Date, (ii) second, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-1 Certificates for such Distribution Date, (iii) third, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class M-2 Certificates for such Distribution Date, (iv) fourth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-1 Certificates for such Distribution Date, and (v) fifth, any deficiency in the Available Distribution Amount to pay the related Interest Distribution Amount and any related Carryover Interest Distribution Amount for the Class B-2 Certificates for such Distribution Date. (c) The Capitalized Interest Account shall be part of the Trust, but not part of the Pooling REMIC, the Intermediate REMIC or the Issuing REMIC. The Trustee, on behalf of the Trust, shall be the legal owner of the Capitalized Interest Account. OMI shall be the beneficial owner of the Capitalized Interest Account, subject to the foregoing power of the Trustee to withdraw amounts from the Capitalized Interest Account. Funds in the Capitalized Interest Account orshall, if all Subsequent Mortgage Loans are purchased on at the Closing Datedirection of the Servicer, be invested in Eligible Investments that mature no later than the Certificate Account. The Trustee shall hold Business Day prior to the related Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC PoolDistribution Date. Amounts held All amounts earned on deposits in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Periodtaxable to OMI. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other release to OMI all investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess upon written notice from an officer of OMI to the Trustee that all of the amounts Subsequent Assets have been transferred to be so withdrawn and deposited into the Certificate Account) Trust. The Capitalized Interest Account shall be paid an "outside reserve fund" within the meaning of Treasury regulation (S) 1.806G- 2(h). The owner of the Capitalized Interest Account for tax purposes shall be OMI. For all federal tax purposes, amounts transferred by any of the Pooling REMIC, the Intermediate REMIC, or released the Issuing REMIC to the Capitalized Interest Account shall be treated as amounts distributed by the applicable REMIC to OMI. The Trustee shall release to OMI all funds remaining in the Seller Capitalized Interest Account on the Distribution Date immediately following the end final transfer of Subsequent Assets to the Trust upon written notice from an officer of OMI to the Trustee (which may be contained in the Notice and Direction to the Trustee under Section 9(b)(1)) that all of the Funding Period and taxed Subsequent Assets have been transferred to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the SellerTrust. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, a. On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust, which must be an Eligible Account, and shall deposit therein $1,000,000 received from the Company pursuant to Section 2.02(s). The Capitalized Interest Account shall be entitled "Firstar Trust Company as Trustee for the benefit of holders of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificates Series 1997-6." On the Remittance Date occurring in October 1997, if the Monthly Report for such Remittance Date indicates that the Amount Available (after payment of the amount specified in clause (1) of Section 8.03(a) and including in the Amount Available only payments in respect of interest on the Contracts) is not sufficient to pay the Class A Interest Distribution Amount, plus the Class M-1 Interest Distribution Amount, plus the Class B-1 Interest Distribution Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold Account for distribution on such Remittance Date in order first to pay any deficiency in the Capitalized Amount Available to pay the Class A Interest Account Deposit for Distribution Amount, second to pay any deficiency in the benefit of Amount Available to pay the Offered CertificateholdersClass M-1 Interest Distribution Amount, third to pay any deficiency in the Amount Available to pay the Class B-1 Interest Distribution amount, and fourth to pay any deficiency in the Amount Available to pay the Class B-2 Interest Distribution Amount. (b) b. The Capitalized Interest Account will shall be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodREMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment Green Tree Finance Corp.--Two shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Certificate Account. Funds in the Capitalized Interest Account shall, at the direction of Green Tree Finance Corp.--Two, be invested in Eligible Investments that mature no later than the Business Day prior to the next succeeding Remittance Date. All net income and gain from such lossinvestments shall be distributed to Green Tree Finance Corp.--Two on such Remittance Date. All amounts earned on amounts on deposit in the Capitalized Interest Account shall be taxed taxable to the SellerGreen Tree Finance Corp.--Two. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the c. Any funds on deposit remaining in the Capitalized Interest Account after the Remittance Date in August 1997 shall be distributed to the Seller and (iii) close Green Tree Finance Corp.--Two. After such date no further amounts shall be deposited in or withdrawn from the Capitalized Interest Account. Any losses on such investments shall be deposited in the Capitalized Interest Account by Green Tree Finance Corp.--Two out of its own funds immediately as realized.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Green Tree Financial Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Servicer, for the Trust on benefit of the Closing DateSecurityholders, or unless shall cause to be established and maintained in the name of the Indenture Trustee a Capitalized Interest Account is not specified (the "Capitalized Interest Account"), which shall be a separate Eligible Account and may be interest-bearing, entitled "Capitalized Interest Account, Norwest Bank Minnesota, National Association, as Indenture Trustee, in Article Itrust for the Life Financial Home Loan Asset Backed Notes, Series 1997-3." The Capitalized Interest Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of Eligible Account. The creation of a Capitalized Interest Account other than one maintained with the Indenture Trustee shall establish be evidenced by a letter agreement between the Servicer and maintain the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, upon request of any Securityholder, to such Securityholder. Funds in the Capitalized Interest AccountAccount shall be invested in accordance with Section 5.03 hereof. On the Closing Date, the Owner Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all the Capitalized Interest Initial Deposit from the net proceeds of the sale of the Notes and the Certificates and on each Subsequent Mortgage Loans are purchased on Transfer Date the Closing Date, Owner Trustee will deposit in the Certificate Account. The Trustee shall hold the Capitalized Interest Account any applicable Capitalized Interest Subsequent Deposit for the benefit of the Offered Certificateholderswith respect to each Subsequent Loan. (b) The Capitalized Interest Account On each Determination Date during the Pre-Funding Period (including the Determination Date in the month following the Due Period during which the Pre-Funding Period ends), the Indenture Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held in withdraw from the Capitalized Interest Account prior an amount equal to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account Requirement and deposit such amount into the Collection Account. (and c) On the Mandatory Redemption Date, any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed paid to the SellerTransferor. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Life Financial Home Loan Owner Trust 1997-3)

Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Issuer shall cause the Indenture Trustee will to deposit into the Capitalized Interest Account Deposit an amount equal to the Capitalized Interest Account Initial Deposit. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Receivables Note Trust 2010-A, Timeshare Loan-Backed Notes, Series 2010-A — Capitalized Interest Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of which if not maintained by the amounts Indenture Trustee is subject to be so withdrawn and deposited into an account control agreement satisfactory to the Certificate AccountIndenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that will be made on the final Subsequent Transfer each Payment Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.as follows:

Appears in 1 contract

Sources: Indenture (Bluegreen Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on On or before the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, ---------------------------- the Trustee shall establish and shall thereafter maintain or cause to be maintained the Capitalized Interest Account, which shall be an Eligible Account, in the name of the Trustee for the benefit of the Insurer and the Certificateholders, and shall deposit therein $97,000 received from the Seller. Not later than two Business Days prior to each Payment Date on or prior to the Post-Funding Payment Date, the Trustee shall withdraw from the Capitalized Interest Account, to the extent funds are available therein, the Group 1 Capitalized Interest Amount and the Group 2 Capitalized Interest Amount, and deposit such amounts in the Certificate Account. After the Post-Funding Payment Date, the Trustee shall withdraw from the Capitalized Interest Account and pay to the Seller any amounts then remaining in the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit Funds in the Capitalized Interest Account orshall, if all Subsequent Mortgage Loans are purchased on at the Closing Datedirection of the Seller, be invested in Eligible Investments selected by the Seller, which shall mature not later than two Business Days prior to the Payment Date next following the date of such investment and shall not be sold or disposed of prior to its maturity. Such Eligible Investments shall be made in the Certificate Account. The name of the Trustee shall hold the Capitalized Interest Account Deposit and for the benefit of the Offered Certificateholders. (b) The Seller. All net income and gain realized from any such investment shall be withdrawn from the Capitalized Interest Account only for the purpose of making the payments specified in the two immediately preceding paragraphs, and any loss realized from any such investment will be part at the sole cost and expense of the Trust but not part of any REMIC Pool. Amounts held Seller and shall be deposited in the Capitalized Interest Account prior to by the first Deposit Date shall be invested in Permitted Investments Seller out of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date its own funds immediately following the end of the Funding Periodas realized. The Trustee shall not be liable for any such investment losses on amounts invested in accordance with except to the provisions hereofextent the Trustee is the obligor of any such Eligible Investment. All interest and other investment earnings on amounts held in To the extent that it constitutes a "reserve fund" for purposes of the REMIC Provisions, the Capitalized Interest Account established hereunder shall be an "outside reserve fund" as defined in Treasury Regulation 1.860G-2(h), and in that regard (i) such account shall be an outside reserve fund and any other amounts remaining on deposit therein in excess not an asset of the amounts to be so withdrawn and deposited into the Certificate AccountREMIC Trust Fund, (ii) such account shall be paid or released owned for federal tax purposes by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller , and the Seller shall deposit report all amounts of income, deduction, gain or loss accruing therefrom, and (iii) amounts transferred by the amount of REMIC Trust Fund to such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account account shall be taxed treated as distributed by the REMIC Trust Fund to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, W▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-4, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in or the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain (net of any losses) realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 1 contract

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

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Fixed Rate Group Capitalized Interest Account Deposit for the benefit of the Offered Fixed Rate Group Certificateholders and the Adjustable Rate Group Capitalized Interest Account Deposit for the benefit of the Adjustable Rate Group Certificateholders. If none or less than all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then on the July 1998 Deposit Date, amounts equal to (i) the Fixed Rate Group Capitalized Interest Account Deposit and (ii) the Adjustable Rate Group Capitalized Interest Account Deposit shall be withdrawn from the Capitalized Interest Account and deposited into the Certificate Account in respect of the related Monthly Interest for the Fixed Rate Group and the Adjustable Rate Group, respectively, for such Distribution Date. If all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then the sum of the Fixed Rate Group Capitalized Interest Account Deposit and the Adjustable Rate Group Capitalized Interest Account Deposit will be deposited into the Certificate Account on the Closing Date and held there until the Distribution Date in July 1998. On such first Distribution Date, such amounts will be deemed to be available in respect of Monthly Interest for the Fixed Rate Group or Adjustable Rate Group, as appropriate, and will be distributable to the Certificateholders. Any amounts so deposited in the Certificate Account shall not be invested in Permitted Investments or otherwise. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fe) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.of

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Aames Capital Acceptance Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the The Indenture Trustee shall establish cause to be established and maintain maintained an account (the Capitalized Interest Account”) for the benefit of the Secured Parties. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit Issuer shall cause to be deposited in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold an amount equal to the Capitalized Interest Amount from the proceeds of the sale of the Notes. The Capitalized Interest Account Deposit shall be an Eligible Bank Account initially established at the Corporate Trust Office of the Indenture Trustee, bearing the following designation “Sunterra Owner Trust 2004-1 – Capitalized Interest Account, W▇▇▇▇ Fargo Bank, National Association, as Indenture Trustee for the benefit of the Offered CertificateholdersSecured Parties. (b) The Capitalized Interest Account will be part Indenture Trustee on behalf of the Trust but not part of any REMIC Pool. Amounts held Secured Parties shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account prior to the first Deposit Date and in all proceeds thereof. The Capitalized Interest Account shall be invested in Permitted Investments under the sole dominion and control of the type specified in clause (f) Indenture Trustee for the benefit of the definition of Permitted InvestmentsSecured Parties as their interests appear in the Trust Estate. If, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for at any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in time, the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts ceases to be so withdrawn and deposited into an Eligible Bank Account, the Certificate AccountIndenture Trustee shall within two (2) Business Days establish a new Capitalized Interest Account which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to shall be made in the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall following manner: (i) At or before 11:00 AM New York City time, on the second Business Day prior to each Payment Date prior to the Prefunding Termination Date, the Servicer shall determine the Carrying Charges in respect of the upcoming Payment Date. The Indenture Trustee shall transfer into the Capitalized Interest RequirementCollection Account on each Payment Date, if anyin accordance with the written direction of the Servicer, for the following Distribution Date an amount equal to such Carrying Charges from the Capitalized Interest Account (solely to the Certificate Account, extent of the amount then on deposit). (ii) remit the balance No withdrawals may be made of the funds on deposit in the Capitalized Interest Account to the Seller except as provided in clause (i) above and clause (iii) close below. Except as specifically provided, funds in the Capitalized Interest Account shall not be commingled with funds in any other account established with respect to the Notes or with any other monies. (iii) On the Payment Date following the Prefunding Termination Date, the Indenture Trustee shall withdraw all amounts remaining in the Capitalized Interest Account and deposit such amounts in the Collection Account. Such amounts will be distributed on such Payment Date in accordance with Section 3.4 hereof. Upon distribution of the amounts specified in this clause (iii), the Indenture Trustee shall cause the Capitalized Interest Account to be closed.

Appears in 1 contract

Sources: Indenture (Sunterra Corp)

Capitalized Interest Account. (a) Unless Continuously from the date hereof until the principal and interest on all Subsequent Non-Designated Mortgage Loans are purchased by the Trust on the Closing Date, have been paid in full or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent such Non-Designated Mortgage Loans are purchased on the Closing Datehave become Liquidation Mortgage Loans, in the Certificate Account. The Trustee a Servicer shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested proceed in accordance with the provisions hereof. All interest customary and other investment earnings on amounts held in usual standards of practice of prudent mortgage loan servicers to collect all payments due under each of the Capitalized Interest Account (related Non-Designated Mortgage Loans when the same shall become due and payable to the extent consistent with this Agreement and any related Primary Insurance Policy and shall take special care with respect to Non-Designated Mortgage Loans for which a Servicer collects escrow payments in ascertaining and estimating Escrow Payments and all other amounts remaining on deposit therein in excess of charges that will become due and payable with respect to the amounts Non-Designated Mortgage Loans and the Mortgaged Properties, to be so withdrawn and deposited into the Certificate Account) shall be paid or released end that the installments payable by the Trustee Mortgagors will be sufficient to pay such charges as and when they become due and payable. Consistent with the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized foregoing, in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution DateNon-Designated Mortgage Loans it is directly servicing, the Trustee shall transfer from related Servicer may in its discretion (i) waive any late payment charge and (ii) extend the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, due dates for such Distribution Datepayments due on a Mortgage Note for a period not greater than 180 days; provided, however, that the related Servicer cannot extend the maturity of any such Non-Designated Mortgage Loan past the date on which the final payment is due on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance latest maturing Mortgage Loan as of the funds Cut-off Date. In the event of any such arrangement, the related Servicer shall make Advances on deposit the related Non-Designated Mortgage Loan in accordance with the Capitalized Interest Account provisions of Section 4.01 during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The related Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the Seller and (iii) close provision of the Capitalized Interest AccountMortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Home Equity Pass-Through Certificates Series 2003-8)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, a. On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust, which must be an Eligible Account, and shall deposit therein $0 received from the Company pursuant to Section 2.02(s). The Capitalized Interest Account shall be entitled "U.S. Bank National Association as Trustee for the benefit of holders of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificates Series 1999-3." On the Remittance Date occurring in July 1999, if the Monthly Report for such Remittance Date indicates that the Amount Available (after payment of the amount specified in clause (1) of Section 8.03(a) and including in the Amount Available only payments in respect of interest on the Contracts) is not sufficient to pay the Class A Interest Distribution Amount, plus the Class M-1 Interest Distribution Amount, plus the Class M-2 Interest Distribution Amount, plus the Class B-1 Interest Distribution Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold Account for distribution on such Remittance Date in order first to pay any deficiency in the Capitalized Amount Available to pay the Class A Interest Account Deposit for Distribution Amount, second to pay any deficiency in the benefit of Amount Available to pay the Offered CertificateholdersClass M-1 Interest Distribution Amount, third to pay any deficiency in the Amount Available to pay the Class M-2 Interest Distribution Amount, and fourth to pay any deficiency in the Amount Available to pay the Class B-1 Interest Distribution Amount. (b) b. The Capitalized Interest Account will shall be part of the Trust but not part of any the Subsidiary REMIC Pool. Amounts held in or the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodMaster REMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment Green Tree Finance Corp.--Two shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Certificate Account. Funds in the Capitalized Interest Account shall, at the direction of Green Tree Finance Corp.--Two, be invested in Eligible Investments that mature no later than the Business Day prior to the next succeeding Remittance Date. All net income and gain from such lossinvestments shall be distributed to Green Tree Finance Corp.--Two on such Remittance Date. All amounts earned on amounts on deposit in the Capitalized Interest Account shall be taxed taxable to the SellerGreen Tree Finance Corp.--Two. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the c. Any funds on deposit remaining in the Capitalized Interest Account after the Remittance Date in July 1999 shall be distributed to the Seller and (iii) close Green Tree Finance Corp.-- Two. After such date no further amounts shall be deposited in or withdrawn from the Capitalized Interest Account. Any losses on such investments shall be deposited in the Capitalized Interest Account by Green Tree Finance Corp.--Two out of its own funds immediately as realized.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Green Tree Financial Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Bank One, National Association, as Indenture Trustee for GMACM Home Loan Trust 2001-HLTV2" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $109,201.39, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Home Loans for which the Trust but first monthly payment is due on or after November 1, 2001. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the lesser of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the excess, if any, of (A) the amount necessary to pay interest for the related Interest Period at the applicable Note Rate on the related Note Balances of the Notes immediately prior to such Payment Date over (B) the funds on deposit in the Note Payment Account on such Payment Date (after giving effect to all other deposits of funds into the Note Payment Account on such Payment Date other than any Policy Draw Amount pursuant to Section 3.28(a) of the Indenture in respect of accrued interest on the Notes). Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $109,201.39 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Home Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Credit Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by The Master Servicer shall direct the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Indenture Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the invest funds on deposit in the Capitalized Interest Account in Permitted Investments or such other investment as may be acceptable to the Seller and Rating Agencies. No such investment in the Capitalized Interest Account shall mature later than the Business Day immediately preceding the next succeeding Payment Date (iii) close except if such investment is an obligation of, or is managed or advised by, the Indenture Trustee, in which case such investment shall mature not later than such Payment Date, or such other date as may be approved by the Rating Agencies). The Indenture Trustee shall identify by book entry to its appropriate records the status of the Trust as secured party with respect to the investments made with funds deposited into the Capitalized Interest Account. Any net investment income on the Capitalized Interest Account shall be deposited into or credited to the Capitalized Interest Account as received. On the Closing Date, the Transferor shall make a cash deposit from the proceeds of the sale of the Term Notes into the Capitalized Interest Account (which amount may be evidenced by a Letter of Credit delivered pursuant to Section 3.19, and which Letter of Credit may also be used in connection with Section 5.07(b)). On each Payment Date, the Indenture Trustee shall, to the extent of funds on deposit in the Capitalized Interest Account, withdraw the Capitalized Interest Requirement, as specified by the Master Servicer in a notice to the Indenture Trustee for such purpose, from the Capitalized Interest Account and deposit the Capitalized Interest Requirement into the Trustee Collection Account to be distributed in accordance with Section 3.05(a) of the Indenture. Following the withdrawal of the Capitalized Interest Requirement as set forth in the immediately preceding sentence on each Payment Date, the Indenture Trustee shall, to the extent of funds on deposit in the Capitalized Interest Account, withdraw the Overfunded Capitalized Interest Amount from the Capitalized Interest Account and pay it to or at the direction of the Transferor. At the end of the Pre-Funding Period, following any required transfer pursuant to the two immediately preceding sentences, the Indenture Trustee shall, to the extent of funds on deposit in the Capitalized Interest Account, withdraw all the entire amount then on deposit in the Capitalized Interest Account and pay it to or at the direction of the Transferor.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account. On , U.S. Bank National Association, as trustee for the Closing Date, registered holders of ▇▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates Series 2006-2N" (the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit uses and purposes set forth herein. With respect to each Distribution Date up to and including the Distribution Date in April 2006, the Trustee will withdraw funds from the Capitalized Interest Account and such funds shall be used to pay (i) first, to the Senior Certificates, the amount of any Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date, in proportion to the Offered Certificateholdersamount of such shortfalls and (ii) second, to the Subordinate Certificates, in accordance with the Subordinate Priority, any applicable Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls for each such class and such Distribution Date. (b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to in Eligible Investments as directed in writing by the first Deposit Date shall be invested in Permitted Investments of Depositor (provided that if the type specified in clause (f) of Trustee does not receive written direction from the definition of Permitted InvestmentsDepositor, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of shall not be invested) with a maturity date no later than the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Business Day preceding each Distribution Date immediately following the end of the Funding Period and taxed to the SellerDate. For federal and state income tax purposes purposes, the Seller Depositor shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. Any losses realized in connection with At no time will the Capitalized Interest Account be an asset of any such investment shall be for the account of the Seller REMICs provided for herein. All income and the Seller shall deposit the amount gain realized from investment of such loss (to the extent not offset by income from other investments) funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Depositor and shall be remitted by the Trustee to the Depositor on each Distribution Date. The Depositor shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Eligible Investment immediately upon the realization of such loss. All amounts earned . (c) On the Distribution Date in April 2006, any amount remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed withdrawn by the Trustee and paid to the SellerDepositor or its designee. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Trust Agreement (Lehman Xs Trust Series 2006-2n)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust, which must be an Eligible Account, and shall deposit therein $-0- received from the Seller pursuant to Section 2.02(m). The Capitalized Interest Account shall be entitled "Capitalized Interest Account, U.S. Bank National Association as Trustee for the benefit of holders of Home Equity Loan Certificates, Series 2002-B." On the Payment Date occurring in each of May 2002, June 2002, and July 2002, if the Monthly Report for such Payment Date indicates that the Amount Available (after payment of the amount specified in clause (1) of Section 8.04(b) and including in the Amount Available only payments in respect of interest on the Loans) is not sufficient to pay the Class A Current Interest Amount, the Class A-IO Current Interest Amount, the Class M-1 Current Interest Amount, the Class M-2 Current Interest Amount, the Class B-1 Current Interest Amount and the Class B-2 Current Interest Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold Account for distribution on such Payment Date in order first to pay any deficiency in the Capitalized Amount Available to pay the Class A Current Interest Account Deposit for Amount and the benefit of Class A-IO Current Interest Amount pro rata, second to pay any deficiency in the Offered CertificateholdersAmount Available to pay the Class M-1 Current Interest Amount, third to pay any deficiency in the Amount Available to pay the Class M-2 Current Interest Amount, fourth to pay any deficiency in the Amount Available to pay the Class B-1 Current Interest Amount and fifth to pay any deficiency in the Amount Available to pay the Class B-2 Current Interest Amount. (b) The Capitalized Interest Account will shall be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodREMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment The Seller shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Certificate Account. Funds in the Capitalized Interest Account shall, at the direction of the Seller, be invested in Eligible Investments that mature no later than the Business Day prior to the next succeeding Payment Date. All net income and gain from such lossinvestments shall be distributed to the Seller on such Payment Date. All amounts earned on amounts on deposit in the Capitalized Interest Account shall be taxed taxable to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the Any funds on deposit remaining in the Capitalized Interest Account after the Payment Date in July 2002 shall be distributed to the Seller and (iii) close Seller. After such date no further amounts shall be deposited in or withdrawn from the Capitalized Interest Account. Any losses on such investments shall be deposited in the Capitalized Interest Account by the Seller out of its own funds immediately as realized.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Capitalized Interest Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to cause to be established and maintained an account (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Indenture Trustee will shall deposit in the Capitalized Interest Account, from the proceeds from the sale of the Notes, an amount equal to the Capitalized Interest Amount. The Capitalized Interest Account Deposit shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “Silverleaf Timeshare Loan-Backed Notes, Series 2010-C¯Capitalized Interest Account, W▇▇▇▇ Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account or, if and in all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Accountproceeds thereof. The Trustee shall hold the Capitalized Interest Account Deposit shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Noteholders as their interests appear in the Trust but not part of Estate. If, at any REMIC Pool. Amounts held in time, the Capitalized Interest Account prior ceases to be an Eligible Bank Account, the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Indenture Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the within two (2) Business Days establish a new Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for be made in the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.manner:

Appears in 1 contract

Sources: Indenture (Silverleaf Resorts Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Bank One, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2001-HE3" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the The Indenture Trustee shall establish cause to be established and maintain maintained an account (the Capitalized Interest Account”) for the benefit of the Noteholders. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit Issuer shall cause to be deposited in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold an amount equal to the Capitalized Interest Account Initial Deposit from the proceeds of the sale of the Notes. The Capitalized Interest Account shall be an Eligible Bank Account initially established at the Corporate Trust Office of the Indenture Trustee, bearing the following designation “Diamond Resorts Owner Trust 2013-2 -- Capitalized Interest Account, ▇▇▇▇▇ Fargo Bank, National Association, as Indenture Trustee for the benefit of the Offered Certificateholders. (b) Noteholders”. The Capitalized Interest Account will be part Indenture Trustee on KL2 2817472.7 behalf of the Trust but not part of any REMIC Pool. Amounts held Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Capitalized Interest Account prior to the first Deposit Date and in all proceeds thereof. The Capitalized Interest Account shall be invested in Permitted Investments under the sole dominion and control of the type specified in clause (f) Indenture Trustee for the benefit of the definition of Permitted InvestmentsNoteholders as their interests appear in the Trust Estate. If, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for at any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in time, the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts ceases to be so withdrawn and deposited into an Eligible Bank Account, the Certificate AccountIndenture Trustee shall, in accordance with Section 3.01(l), establish a new Capitalized Interest Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be paid or released by an Eligible Bank Account, transfer any cash and/or any investments to such new Capitalized Interest Account and from the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller date such new Capitalized Interest Account is established, it shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned .” Amounts on deposit in the Capitalized Interest Account shall be taxed invested in accordance with Section 3.01 hereof. Deposits to the Seller. (c) On each Prefunding Distribution Date, the Trustee Capitalized Interest Account shall transfer be made in accordance with Section 3.04 hereof. Withdrawals and payments from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for be made in the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.manner:

Appears in 1 contract

Sources: Indenture (Diamond Resorts International, Inc.)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Indenture Trustee, at the direction of the Servicer, shall establish and maintain, a segregated trust account that is an Eligible Account, which shall be titled “Capitalized Interest Account Deposit Account, JPMorgan Chase Bank, National Association, as Indenture Trustee for the registered holders of NovaStar Mortgage Funding Trust 2006-MTA1, Home Equity Loan Asset-Backed Certificates, Series 2006-MTA1” (the “Capitalized Interest Account”). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein (i) the Interest Coverage Amount (which amount is $1,000,000) remitted on the Closing Date, Date to the Indenture Trustee by the Depositor and (ii) income and gain realized from investments in the Certificate Pre-Funding Account. The Trustee shall hold Funds deposited in the Capitalized Interest Account Deposit shall be held in trust by the Indenture Trustee, for the benefit of Noteholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The For federal income tax purposes, the Indenture Trustee shall treat the Capitalized Interest Account will as an outside reserve fund within the meaning of Treasury Regulation Section 1.860G-2(h). The Servicer shall be part the owner of the Trust but not part Capitalized Interest Account and shall report all items of any REMIC Poolincome, deduction, gain or loss arising therefrom. Amounts held All income and gain realized from investment of funds deposited in the Capitalized Interest Account prior shall be for the sole and exclusive benefit of the Servicer and shall be remitted by the Indenture Trustee to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature Servicer no later than the Deposit following Payment Date following receipt of such income and gain by the Indenture Trustee. The Servicer shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. (c) On each Payment Date during the Pre-Funding Period, if any, and on the Payment Date immediately following the termination of the Pre-Funding Period, the Indenture Trustee shall withdraw from the Capitalized Interest Account, to the extent funds are available therefore, and deposit in the Payment Account an amount, as provided in the related Determination Date Report, equal to the lesser of (i) the amount remaining in the Capitalized Interest Account for such Payment Date and (ii) the amount of any unpaid Monthly Interest Distributable Amount for the Class A Certificates and the Mezzanine Certificates, to the extent not paid pursuant to Section 4.01(a)(i). (d) Upon the earliest of (i) the Payment Date immediately following the end of the Pre-Funding Period. The Trustee shall not be liable for any losses on amounts invested , (ii) the reduction of the Certificate Principal Balances of the Certificates to zero or (iii) the termination of this Agreement in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and Section 11.01, any other amounts amount remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account after distributions pursuant to paragraph (c) above shall be taxed withdrawn by the Indenture Trustee and remitted to the SellerServicer or its designee, solely upon the Servicer’s written direction. (ce) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit Amounts in the Capitalized Interest Account shall only be invested at the prior written direction of the Servicer. If no such prior written investment direction has been provided by the Servicer to the Seller and (iii) close Indenture Trustee, the Capitalized Interest AccountIndenture Trustee shall hold such amounts uninvested.

Appears in 1 contract

Sources: Indenture (NovaStar Certificates Financing CORP)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account, W▇▇▇▇ Fargo Bank, N.A., as Indenture Trustee for GMACM Home Equity Loan Trust 2004-HE2" (the "Capitalized Interest Account"). On Notwithstanding anything herein to the Closing Datecontrary, the Trustee will deposit the Capitalized Interest Account Deposit shall not be an asset of any REMIC. To the extent that the Capitalized Interest Account constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred by any REMIC to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $356,268.14, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Mortgage Loans for which the Trust but first monthly payment is due on April 1, 2004. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the sum of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the Excess Capitalized Interest Requirement for such Payment Date. Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $356,268.14 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. On any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mort Prod Inc Gmacm Home Eq L N Tr 04 He2)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account. On , Wells Fargo Bank Minnesota, N.▇., as Indenture Trustee for GMACM Home Equity Loan Trust 2002-HE3" (the Closing Date, the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on and retain therein the Closing Date, in Interest Coverage Amount. If the Certificate Account. The Indenture Trustee shall hold not have received an investment direction from GMACM, the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee GMACM shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. GMACM shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in Account and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the Capitalized Interest Requirement for such Payment Date. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Indenture Trustee shall establish and maintain the on behalf of itself one or more segregated trust accounts, which shall be Eligible Accounts, titled "Capitalized Interest Account, Bank One, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust 2001-HE4" (the "Capitalized Interest Account"). On Notwithstanding anything herein to the Closing Datecontrary, the Trustee will deposit the Capitalized Interest Account Deposit shall not be an asset of REMIC I or REMIC II. To the extent that the Capitalized Interest Account constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of REMIC I or REMIC II, (2) it shall be owned by GMACM, as Seller and (3) amounts transferred by REMIC I or REMIC II to the Capitalized Interest Account shall be treated as transferred to GMACM, as Seller, or any successor, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. The Indenture Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account orand retain therein the Interest Coverage Amount. In addition, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Indenture Trustee shall hold promptly, upon receipt, deposit in the Capitalized Interest Account Deposit for Account, an additional amount equal to $555,214.74, which amount is equal to one month's interest on the benefit Cut-Off Date Principal Balances of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of Mortgage Loans for which the Trust but first monthly payment is due on November 1, 2001. If the Indenture Trustee shall not part of any REMIC Pool. Amounts held have received an investment direction from GMACM, the Indenture Trustee shall invest funds on deposit in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified kind described in clause (fv) of the definition of Permitted Investments, which Permitted Investments shall mature having a maturity date no later than the Deposit Date immediately following the end next succeeding Payment Date. In addition, no such Permitted Investment shall be purchased at a price in excess of the Funding Periodpar. The Trustee Servicer shall not be liable for entitled to retain any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held on deposit in the Capitalized Interest Account (and any other amounts remaining on shall deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. The Servicer shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest AccountAccount and shall report all items of income, deduction, gain or loss arising therefrom. (b) On each Payment Date during the Pre-Funding Period and on the Payment Date immediately after the end of the Pre-Funding Period, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Capitalized Interest Account and deposit into the Note Payment Account an amount equal to the sum of (i) the Capitalized Interest Requirement for such Payment Date and (ii) the Excess Capitalized Interest Requirement for such Payment Date. Any losses realized In addition, on the first Payment Date, the Indenture Trustee will transfer $555,214.74 from the Capitalized Interest Account to the Note Payment Account to be applied in accordance with Section 3.05 of the Indenture. (c) In connection with each Subsequent Transfer Date occurring in the Pre-Funding Period, the Servicer, at its option, may recalculate the Interest Coverage Amount taking into account the amount remaining in the Pre-Funding Account following the sale of Subsequent Mortgage Loans to the Trust on such date. The recomputed Interest Coverage Amount shall be not less than the amount necessary to cover the Capitalized Interest Requirement for each remaining Payment Date in the Pre-Funding Period. With the written consent of the Enhancer (which consent shall not be unreasonably withheld), on any such investment Subsequent Transfer Date, GMACM shall be for instruct in writing the account of the Seller and the Seller shall deposit the amount of such loss (Indenture Trustee to the extent not offset by income pay to it from other investments) funds in the Capitalized Interest Account immediately upon the realization excess of such loss. All amounts earned the amount on deposit therein over the recomputed Interest Coverage Amount. (d) Upon the earlier of (i) termination of the Trust Agreement in accordance with Section 8.01 thereof and (ii) the Payment Date following the end of the Pre-Funding Period, any amount remaining on deposit in the Capitalized Interest Account shall be taxed withdrawn by the Indenture Trustee and paid to the SellerGMACM. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, W▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-6, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-6)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, a. On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust with an Eligible Institution, and shall deposit therein $300,000 received from the Company pursuant to Section 2.02(s). The Capitalized Interest Account shall be entitled "Firstar Trust Company as Trustee for the benefit of holders of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificates Series 1996-9." On the Remittance Date occurring in December 1996, if the Monthly Report for such Remittance Date indicates that the Amount Available is less than the sum of the Class A Formula Distribution Amount, plus the Class M-1 Formula Distribution Amount, plus the Class B-1 Formula Distribution Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholdersdistribution on such Remittance Date in accordance with Section 8.03. (b) b. The Capitalized Interest Account will shall be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodREMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment Green Tree Finance Corp. - Two shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Certificate Account. Funds in the Capitalized Interest Account shall, at the direction of Green Tree Finance Corp. - Two, be invested in Eligible Investments that mature no later than the Business Day prior to the next succeeding Remittance Date. All net income and gain from such lossinvestments shall be distributed to Green Tree Finance Corp. - Two on such Remittance Date. All amounts earned on amounts on deposit in the Capitalized Interest Account shall be taxed taxable to the SellerGreen Tree Finance Corp. - Two. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the c. Any funds on deposit remaining in the Capitalized Interest Account after the Remittance Date in December 1996 shall be distributed to the Seller and (iii) close Green Tree Finance Corp. - Two. After such date no further amounts shall be deposited in or withdrawn from the Capitalized Interest Account. Any losses or such investments shall be deposited in the Capitalized Interest Account by Green Tree Finance Corp. -- Two out of its own funds immediately as realized.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Green Tree Financial Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the with itself a separate, segregated trust account, which shall be an Eligible Account, titled "Capitalized Interest Account, Bank One, National Association, as trustee for the registered holders of Mortgage Pass- Through Certificates, Series 1999-A". On the Closing DateThe Trustee shall, the Trustee will promptly upon receipt, deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, in Date to the Certificate AccountTrustee by the Company. The Trustee shall hold the Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held Funds deposited in the Capitalized Interest Account prior shall be held in trust by the Trustee for the Certificateholders for the uses and purposes set forth herein. On the Distribution Date occurring in November 1999, the Trustee shall withdraw from the Capitalized Interest Account an amount equal to (i) 30 days' interest on the Original Pre-Funded Amount calculated at an annual rate equal to the first Deposit Date shall be invested in Permitted Investments weighted average of the type specified in clause (f) Net Mortgage Rates of the definition Mortgage Loans in the Trust Fund as of Permitted Investmentsthe commencement of the related Due Period, which Permitted Investments shall mature no later than minus (ii) the Deposit sum of (1) any interest payments received by the Master Servicer on Subsequent Mortgage Loans during the related Due Period and (2) any Monthly Advance in respect of the interest portion of delinquent Monthly Payments on the Subsequent Mortgage Loans conveyed to the Trustee during the related Due Period and distribute such amount pursuant to Section 4.02(b)(2) as a component of the Interest Remittance Amount for such Distribution Date. Any amounts remaining in the Capitalized Interest Account on the Distribution Date immediately following the end of the Pre-Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall Period will be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed will not thereafter be available for distribution pursuant to the SellerSection 4.02. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned Amounts on deposit in the Capitalized Interest Account shall will be taxed to invested in Eligible Investments. The Capitalized Interest Account will not be an asset of any REMIC and, solely for Federal income tax purposes, will be treated as owned by the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (WMC Secured Assets Corp WMC Mort Pass THR Cert Ser 1999-A)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Fixed Rate Group Capitalized Interest Account Deposit for the benefit of the Offered Fixed Rate Group Certificateholders and the Adjustable Rate Group Capitalized Interest Account Deposit for the benefit of the Adjustable Rate Group Certificateholders. If none or less than all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then on the July 1997 Deposit Date, amounts equal to (i) the Fixed Rate Group Capitalized Interest Account Deposit and (ii) the Adjustable Rate Group Capitalized Interest Account Deposit shall be withdrawn from the Capitalized Interest Account and deposited into the Certificate Account in respect of the related Monthly Interest for the Fixed Rate Group and the Adjustable Rate Group, respectively, for such Distribution Date. If all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then the sum of the Fixed Rate Group Capitalized Interest Account Deposit and the Adjustable Rate Group Capitalized Interest Account Deposit will be deposited into the Certificate Account on the Closing Date and held there until the Distribution Date in July 1997. On such first Distribution Date, such amounts will be deemed to be available in respect of Monthly Interest for the Fixed Rate Group or Adjustable Rate Group, as appropriate, and will be distributable to the Certificateholders. Any amounts so deposited in the Certificate Account shall not be invested in Permitted Investments or otherwise. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fe) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Periodin July 1997. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the July 1997 Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For for federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.the

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Aames Capital Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, a. On or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On before the Closing Date, the Trustee will deposit shall establish the Capitalized Interest Account Deposit on behalf of the Trust, which must be an Eligible Account, and shall deposit therein $-0- received from the Seller pursuant to Section 2.02(m). The Capitalized Interest Account shall be entitled "Capitalized Interest Account, U.S. Bank Trust National Association as Trustee for the benefit of holders of Home Equity Loan Certificates, Series 2000-A." On the Payment Date occurring in each of March 2000, April 2000, and May 2000, if the Monthly Report for such Payment Date indicates that the Amount Available (after payment of the amount specified in clause (1) of Section 8.04(b) and including in the Amount Available only payments in respect of interest on the Loans) is not sufficient to pay the Class AV Formula Interest Distribution Amount, the Class MV-1 Formula Interest Distribution Amount, the Class MV-2 Formula Interest Distribution Amount, and the Class BV-1 Formula Interest Distribution Amount, the Trustee shall withdraw the amount of such deficiency, or the amount of funds in the Capitalized Interest Account or(net of any investment earnings thereon), if all Subsequent Mortgage Loans are purchased on the Closing Dateless, and shall deposit such funds in the Certificate Account. The Trustee shall hold Account for distribution on such Payment Date in order first to pay any deficiency in the Capitalized Amount Available to pay the Class AV Formula Interest Account Deposit for Distribution Amount, second to pay any deficiency in the benefit of Amount Available to pay the Offered CertificateholdersClass MV-1 Formula Interest Distribution Amount, third to pay any deficiency in the Amount Available to pay the Class MV-2 Formula Interest Distribution Amount, and fourth to pay any deficiency in the Amount Available to pay the Class BV-1 Formula Interest Distribution Amount. (b) b. The Capitalized Interest Account will shall be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding PeriodREMIC. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess behalf of the amounts to be so withdrawn and deposited into the Certificate Account) Trust shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the legal owner of the Capitalized Interest Account. Any losses realized in connection with any such investment The Seller shall be for the account beneficial owner of the Seller and the Seller shall deposit the amount of such loss (Capitalized Interest Account, subject to the extent not offset by income from other investments) foregoing power of the Trustee to transfer amounts in the Capitalized Interest Account immediately upon to the realization Certificate Account. Funds in the Capitalized Interest Account shall, at the direction of the Seller, be invested in Eligible Investments that mature no later than the Business Day prior to the next succeeding Payment Date. All net income and gain from such lossinvestments shall be distributed to the Seller on such Payment Date. All amounts earned on amounts on deposit in the Capitalized Interest Account shall be taxed taxable to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the c. Any funds on deposit remaining in the Capitalized Interest Account after the Payment Date in May 2000 shall be distributed to the Seller and (iii) close Seller. After such date no further amounts shall be deposited in or withdrawn from the Capitalized Interest Account. Any losses on such investments shall be deposited in the Capitalized Interest Account by the Seller out of its own funds immediately as realized.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-AR6, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar6)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Fixed Rate Group Capitalized Interest Account Deposit for the benefit of the Offered Fixed Rate Group Certificateholders and the Adjustable Rate Group Capitalized Interest Account Deposit for the benefit of the Adjustable Rate Group Certificateholders. If none or less than all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then on the July 1997 Deposit Date, amounts equal to (i) the Fixed Rate Group Capitalized Interest Account Deposit and (ii) the Adjustable Rate Group Capitalized Interest Account Deposit shall be withdrawn from the Capitalized Interest Account and deposited into the Certificate Account in respect of the related Monthly Interest for the Fixed Rate Group and the Adjustable Rate Group, respectively, for such Distribution Date. If all of the Subsequent Mortgage Loans are transferred to the Trust on the Closing Date, then the sum of the Fixed Rate Group Capitalized Interest Account Deposit and the Adjustable Rate Group Capitalized Interest Account Deposit will be deposited into the Certificate Account on the Closing Date and held there until the Distribution Date in July 1998. On such first Distribution Date, such amounts will be deemed to be available in respect of Monthly Interest for the Fixed Rate Group or Adjustable Rate Group, as appropriate, and will be distributable to the Certificateholders. Any amounts so deposited in the Certificate Account shall not be invested in Permitted Investments or otherwise. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (fe) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Periodin January 1998. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the January 1998 Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For for federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest Account.the

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Aames Capital Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Paying Agent shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, Citibank, N.A., as trustee for the registered holders of Chase Funding, Mortgage Loan Asset-Backed Certificates, Series 1999-2" (the "Capitalized Interest Account"). The Paying Agent shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Paying Agent by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Paying Agent for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Paying Agent will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature with a maturity date no later than the Deposit Date immediately following Business Day preceding each Distribution Date. For federal income tax purposes, the end Depositor shall be the owner of the Funding PeriodCapitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. The Trustee shall not At no time will the Capitalized Interest Account be liable for any losses on amounts invested in accordance with an asset of either of the provisions hereofSubsidiary REMIC or the Master REMIC. All interest income and other gain realized from investment earnings on amounts held of funds deposited in the Capitalized Interest Account (shall be for the sole and any other amounts remaining on deposit therein in excess exclusive benefit of the amounts to be so withdrawn Master Servicer and deposited into the Certificate Account) shall be paid or released remitted by the Trustee Paying Agent to the Seller Master Servicer on each Distribution Date. The Master Servicer shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. (c) With respect to each Distribution Date during the Funding Period and on the Distribution Date immediately following the end of the Funding Period and taxed to Period, the Seller. For federal and state income tax purposes the Seller Paying Agent shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income withdraw from other investments) in the Capitalized Interest Account and deposit in the Certificate Account an amount, as provided in the related Monthly Statement, equal to (i) 30 days' (or in the case of the Class IA-1, Class IIA-1, Class IIM-1, Class IIM-2 and Class IIB Certificates and the Distribution Date in July 1999, 37 days' or in the case of the Class IA-1, Class IIA-1, Class IIM-1, Class IIM-2 and Class IIB Certificates and the Distribution Date in August 1999, 31 days) interest on the Original Pre-Funded Amount (reduced by any amounts withdrawn from the Pre-Funding Account to purchase Subsequent Mortgage Loans) calculated at an annual rate equal to sum of (1) the weighted average of the Pass-Through Rates on the Group I and Group II Certificates and (2) 0.0073% per annum, minus (ii) the sum of (1) all scheduled interest due during the related Due Period on Subsequent Mortgage Loans and received before the related Servicer Remittance Date or Advanced on or before the related Servicer Remittance Date and (2) any Advance in respect of the interest portion of delinquent Scheduled Payments on the Subsequent Mortgage Loans conveyed to the Trustee during the related Due Period. (d) Upon the earliest of (i) the Distribution Date in the month immediately upon following the realization end of such loss. All amounts earned the Funding Period, (ii) the reduction of the Certificate Principal Balance of the Group I Class A Certificates, Class IIA-1 Certificates, Class IM-1 Certificates, Class IM-2 Certificates, Class IIM-1 Certificates and Class IIM-2 Certificates to zero and (iii) the termination of this Agreement in accordance with Section 9.01, any amount remaining on deposit in the Capitalized Interest Account shall be taxed after distributions pursuant to the Seller. paragraph (c) On each Prefunding Distribution Date, above shall be withdrawn by the Trustee shall transfer from the Capitalized Interest Account Paying Agent and paid to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountDepositor or its designee.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Chase Funding Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On the Closing Date, the Trustee will deposit the Capitalized Interest Account Deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased on the Closing Date, in the Certificate Account. The Trustee shall hold the Fixed Rate Group Capitalized Interest Account Deposit for the benefit of the Offered Certificateholders. (b) The Fixed Rate Group Certificateholders and the Adjustable Rate Group Capitalized Interest Account will be part Deposit for the benefit of the Adjustable Rate Group Certificateholders. If none or less than all of the Subsequent Mortgage Loans are transferred to the Trust but not part of any REMIC Pool. Amounts held in on the Closing Date, then on the [ ] Deposit Date, amounts equal to (i) the Fixed Rate Group Capitalized Interest Account Deposit and (ii) the Adjustable Rate Group Capitalized Interest Account Deposit shall be withdrawn from the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end Account in respect of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized related Monthly Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller Fixed Rate Group and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed to the Seller. (c) On each Prefunding Distribution DateAdjustable Rate Group, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if anyrespectively, for such Distribution Date; provided, however, that . If all of the Subsequent Mortgage Loans are transferred to the Trust on the final Subsequent Transfer Date Closing Date, then the Trustee shall (i) transfer sum of the Capitalized Interest Requirement, if any, for the following Distribution Date from the Fixed Rate Group Capitalized Interest Account to Deposit and the Certificate Account, (ii) remit the balance of the funds on deposit in the Adjustable Rate Group Capitalized Interest Account Deposit will be deposited into the Certificate Account on the Closing Date and held there until the Distribution Date in [ ]. On such first Distribution Date, such amounts will be deemed to be available in respect of Monthly Interest for the Fixed Rate Group or Adjustable Rate Group, as appropriate, and will be distributable to the Seller and (iii) close the Capitalized Interest AccountCertificateholders.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Aames Capital Acceptance Corp)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, ▇▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2006-[__], Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders for the Offered Certificateholdersuses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.]

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit the Securities Administrator shall establish and maintain a trust account which shall at all times be an Eligible Account and shall be titled “Capitalized Interest Account Deposit Account, W▇▇▇▇ Fargo Bank, N.A., in trust for the registered holders of Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB1, Mortgage Pass-Through Certificates” (the “Capitalized Interest Account”). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Original Capitalized Interest Amount remitted on the Closing Date, Date by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust for the benefit of Certificateholders and the Offered CertificateholdersCertificate Insurer for the uses and purposes set forth herein. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to only as directed in writing by the first Deposit Date Depositor (and such amounts shall not be invested if no direction is received by the Securities Administrator) in writing in Permitted Investments of the type specified in clause with a maturity date (fi) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date Business Day immediately following preceding the end date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment or (iii) within one (1) Business Day of the Funding PeriodSecurities Administrator’s receipt thereof. The Trustee shall not be liable for amount of any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and incurred in respect of any other amounts remaining on deposit therein in excess of the amounts to such investments shall promptly be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of Depositor in the Capitalized Interest Account. Any losses All income or gain realized in connection with from any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned funds on deposit in the Capitalized Interest Account shall be taxed credited to the SellerCapitalized Interest Account. At no time will the Capitalized Interest Account be an asset of any REMIC created hereunder. (c) On each Prefunding Distribution DateAccount Deposit Date during the Pre-Funding Period, upon satisfaction of the conditions for the conveyance of Subsequent Loans set forth in Section 2.6, the Trustee Securities Administrator shall transfer from the Capitalized Interest Account to the Certificate Distribution Account an amount equal to the lesser of the Capitalized Interest RequirementRequirement (which, if anyto the extent required, for such Distribution Date; provided, however, that may include investment earnings on amounts on deposit therein) and the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from amount remaining in the Capitalized Interest Account to for the Certificate Account, (ii) remit related Distribution Date. If any funds remain in the balance Capitalized Interest Account at the end of the Pre-Funding Period, the Securities Administrator shall make the transfer described in the preceding sentence if necessary for the Distribution Date following the expiration of the Pre-Funding Period and the Securities Administrator shall distribute any remaining funds on deposit in the Capitalized Interest Account to the Seller and (iii) close order of the Capitalized Interest AccountDepositor.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab1)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on No later than the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account. On , Citibank, N.A., as trustee for the Closing Dateregistered holders of Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2001-3" (the Trustee will deposit the "Capitalized Interest Account Deposit Account"). The Trustee shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Trustee by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee for the benefit Certificateholders for the uses and purposes set forth herein. The Trustee hereby appoints the Paying Agent as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 4.07. With respect to the November 2001 Distribution Date, the Paying Agent shall withdraw from the Capitalized Interest Account and deposit in the Certificate Account an amount, as provided in the Monthly Statement equal to (i) the sum of (x) 30 days' interest at the Group I Net Rate on the sum of (I) the portion of the Offered CertificateholdersPre-Funded Amount allocable to Group I immediately following the preceding Distribution Date and (II) the aggregate Stated Principal Balance of the Group I. Mortgage Loans immediately following the preceding Distribution Date and (y) 30 days' interest at the Group II Net Rate on the sum of (1) the portion of the Pre-Funded Amount allocable to Group II immediately following the preceding Distribution Date and (II) the aggregate Stated Principal Balance of the Group II Mortgage Loans immediately following the preceding Distribution Date, minus (ii) all scheduled interest due at the Net Mortgage Rates during the related Due Period on the Group I and Group II Mortgage Loans. The Depositor shall be required to deposit into the Capitalized Interest Account an amount sufficient to permit the Paying Agent to make the withdrawals required by this Section 4.07. (b) The Capitalized Interest Account Trustee will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature with a maturity date no later than the Deposit Business Day preceding each Distribution Date. For federal income tax purposes, the Depositor shall be the owner of the Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be an asset of either of any of the Lower-Tier REMICs or the Master REMIC. All income and gain realized from investment of funds deposited in the Capitalized Interest Account shall be for the sole and exclusive benefit of the Servicer and shall be remitted by the Trustee to the Servicer on each Distribution Date. The Servicer shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. (c) Upon the earliest of (i) the Distribution Date in the month immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested , (ii) the reduction of the Certificate Principal Balance of the Group I Class A Certificates, Class IIA-1 Certificates, Class IM-1 Certificates, Class IM-2 Certificates, Class IIM-1 Certificates and Class IIM-2 Certificates to zero and (iii) the termination of this Agreement in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and Section 9.01, any other amounts amount remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into the Certificate Account) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner of the Capitalized Interest Account. Any losses realized in connection with any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned on deposit in the Capitalized Interest Account shall be taxed after distributions pursuant to the Seller. paragraph (c) On each Prefunding Distribution Date, above shall be withdrawn by the Trustee shall transfer from the Capitalized Interest Account and paid to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account to the Seller and (iii) close the Capitalized Interest AccountDepositor or its designee.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Chase Funding Inc)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2005-16HE, Asset-Backed Certificates, Series TMTS 2005-16HE" (the "Capitalized Interest Account"). The Securities ▇▇▇▇▇▇▇▇▇▇▇▇▇ shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee and the Securities Administrator on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. With respect to any Distribution Date up to and including the Offered CertificateholdersDistribution Date in October 2005, the Securities Administrator will withdraw from the -148- Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.10. (b) The Capitalized Interest Account will be part of the Trust but not part of any REMIC Pool. Amounts held funds deposited in the Capitalized Interest Account prior to shall remain uninvested. For federal income tax purposes, the first Deposit Date Seller shall be invested in Permitted Investments the owner of the type specified in clause (f) of the definition of Permitted Investments, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be an asset of any other amounts remaining on deposit therein in excess of the amounts to be so withdrawn and deposited into REMICs provided for herein. (c) Upon the Certificate Accountearliest of (i) shall be paid or released by the Trustee to the Seller on the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to withdrawn by the Seller. (c) On each Prefunding Distribution Date, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account Securities Administrator and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-16he)

Capitalized Interest Account. (a) Unless all Subsequent Mortgage Loans are purchased by the Trust on the Closing Date, or unless a Capitalized Interest Account is not specified in Article I, the Trustee shall establish and maintain the Capitalized Interest Account. On No later than the Closing Date, the Trustee will deposit Securities Administrator, on behalf of the Trustee, shall establish and maintain a segregated trust account that is an Eligible Account, which shall be titled "Capitalized Interest Account Deposit Account, U.S. Bank National Association, as trustee for the registered holders of Terwin Mortgage Trust 2004-5HE, Asset-Backed Certificates, TMTS Series 2004-5HE" (the "Capitalized Interest Account"). The Securities Administrator shall, promptly upon receipt, deposit in the Capitalized Interest Account or, if all Subsequent Mortgage Loans are purchased and retain therein the Capitalized Interest Amount remitted on the Closing Date, Date to the Securities Administrator by the Depositor. Funds deposited in the Certificate Account. The Trustee shall hold the Capitalized Interest Account Deposit shall be held in trust by the Trustee on behalf of the Certificateholders for the benefit of uses and purposes set forth herein. The Trustee hereby appoints the Offered CertificateholdersSecurities Administrator as its agent in connection with establishing and maintaining the Capitalized Interest Account pursuant to this Section 5.08. With respect to each Distribution Date prior to the Distribution Date in October 2004, the Securities Administrator will withdraw from the Capitalized Interest Account and deposit into the Certificate Account an amount equal to the Required Withdrawal. The Seller is required to deposit into the Capitalized Interest Account an amount sufficient to permit the Securities Administrator to make the withdrawals required by this Section 5.08. (b) The Capitalized Interest Account Securities Administrator will be part of the Trust but not part of any REMIC Pool. Amounts held invest funds deposited in the Capitalized Interest Account prior to the first Deposit Date shall be invested in Permitted Investments of as directed in writing by the type specified in clause Seller (f) of provided that if the definition of Permitted InvestmentsSecurities Administrator does not receive written direction from the Seller, which Permitted Investments shall mature no later than the Deposit Date immediately following the end of the Funding Period. The Trustee shall not be liable for any losses on then amounts invested in accordance with the provisions hereof. All interest and other investment earnings on amounts held in the Capitalized Interest Account (and any other amounts remaining on deposit therein in excess shall not be invested) with a maturity date no later than the Business Day preceding each Distribution Date. For federal income tax purposes, the Seller shall be the owner of the amounts to Capitalized Interest Account and shall report all items of income, deduction, gain or loss arising therefrom. At no time will the Capitalized Interest Account be so withdrawn an asset of any of the REMICs provided for herein. All income and gain realized from investment of funds deposited into in the Certificate Account) Capitalized Interest Account shall be paid or released for the sole and exclusive benefit of the Seller and shall be remitted by the Trustee Securities Administrator to the Seller on each Distribution Date. The Seller shall deposit in the Capitalized Interest Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss. Upon the earliest of (i) the Distribution Date immediately following the end of the Funding Period and taxed to (ii) the Seller. For federal and state income tax purposes the Seller shall be deemed to be the owner termination of the Capitalized Interest Account. Any losses realized this Agreement in connection accordance with Section 10.01, any such investment shall be for the account of the Seller and the Seller shall deposit the amount of such loss (to the extent not offset by income from other investments) in the Capitalized Interest Account immediately upon the realization of such loss. All amounts earned remaining on deposit in the Capitalized Interest Account after withdrawals pursuant to paragraph (a) above shall be taxed to the Seller. (c) On each Prefunding Distribution Date, withdrawn by the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date; provided, however, that on the final Subsequent Transfer Date the Trustee shall (i) transfer the Capitalized Interest Requirement, if any, for the following Distribution Date from the Capitalized Interest Account to the Certificate Account, (ii) remit the balance of the funds on deposit in the Capitalized Interest Account and paid to the Seller and (iii) close the Capitalized Interest Accountor its designee.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Asst Back Certs Ser TMTS 2004 5he)