Common use of Claims Upon the Certificate Insurance Policy Clause in Contracts

Claims Upon the Certificate Insurance Policy. The Administrator shall comply with the provisions of the Certificate Insurance Policy with respect to claims upon the Certificate Insurance Policy. The Administrator shall keep a complete and accurate record of the amount of interest and principal paid in respect of any Class [A] Certificate from moneys received under the Certificate Insurance Policy. The Certificate Insurer shall have the right to inspect such records at reasonable times during normal business hours upon one Business Day’s prior written notice to the Administrator. The Trustee and the Administrator shall promptly notify the Certificate Insurer of any proceeding or the institution of any action, of which a Responsible Officer of the Trustee or the Administrator , as the case may be, has actual knowledge, seeking the avoidance as a preferential transfer under the Bankruptcy Code (a “Preference Claim”) of any distribution made with respect to the Class [A] Certificates. Each Certificateholder of Class [A] Certificates, by its purchase of Class [A] Certificates, the Servicer, the Administrator and the Trustee hereby agree that the Certificate Insurer (so long as no Certificate Insurer Default exists) may at any time during the continuation of any proceeding relating to a Preference Claim direct all matters relating to such Preference Claim, including, without limitation, (i) the direction of any appeal of any order relating to such Preference Claim and (ii) the posting of any surety, supersedeas or performance bond pending any such appeal.]

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I)

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Claims Upon the Certificate Insurance Policy. The Administrator Trustee shall comply with the provisions of the Certificate Insurance Policy with respect to claims upon the Certificate Insurance Policy. The Administrator Trustee shall keep a complete and accurate record of the amount of interest and principal paid in respect of any Class [A] A Certificate from moneys received under the Certificate Insurance Policy. The Certificate Insurer shall have the right to inspect such records at reasonable times during normal business hours upon one Business Day’s 's prior written notice to the AdministratorTrustee. The Trustee and the Administrator shall promptly notify the Certificate Insurer of any proceeding or the institution of any action, of which a Responsible Officer of the Trustee or the Administrator , as the case may be, has actual knowledge, seeking the avoidance as a preferential transfer under the Bankruptcy Code (a "Preference Claim") of any distribution made with respect to the Class [A] A Certificates. Each Certificateholder of Class [A] A Certificates, by its purchase of Class [A] A Certificates, the Servicer, the Administrator Master Servicer and the Trustee hereby agree that the Certificate Insurer (so long as no Certificate Insurer Default exists) may at any time during the continuation of any proceeding relating to a Preference Claim direct all matters relating to such Preference Claim, including, without limitation, (i) the direction of any appeal of any order relating to such Preference Claim and (ii) the posting of any surety, supersedeas supersedes or performance bond pending any such appeal.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HFC Revolving Corp)

Claims Upon the Certificate Insurance Policy. The Administrator Trustee shall comply with the provisions of the Certificate Insurance Policy with respect to claims upon the Certificate Insurance Policy. The Administrator Trustee shall keep a complete and accurate record of the amount of interest and principal paid in respect of any Class [A] A Certificate from moneys received under the Certificate Insurance Policy. The Certificate Insurer shall have the right to inspect such records at reasonable times during normal business hours upon one Business Day’s 's prior written notice to the AdministratorTrustee. The Trustee and the Administrator shall promptly notify the Certificate Insurer of any proceeding or the institution of any action, of which a Responsible Officer of the Trustee or the Administrator , as the case may be, has actual knowledge, seeking the avoidance as a preferential transfer under the Bankruptcy Code (a "Preference Claim") of any distribution made with respect to the Class [A] A Certificates. Each Certificateholder of Class [A] A Certificates, by its purchase of Class [A] A Certificates, the Servicer, the Administrator Master Servicer and the Trustee hereby agree that the Certificate Insurer (so long as no Certificate Insurer Default exists) may at any time during the continuation of any proceeding relating to a Preference Claim direct all matters relating to such Preference Claim, including, without limitation, (i) the direction of any appeal of any order relating to such Preference Claim and (ii) the posting of any surety, supersedeas or performance bond pending any such appeal.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Household Mortgage Funding Corp Iii)

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Claims Upon the Certificate Insurance Policy. The Administrator Trustee shall comply with the provisions of the Certificate Insurance Policy with respect to claims upon the Certificate Insurance Policy. The Administrator Trustee shall keep a complete and accurate record of the amount of interest and principal paid in respect of any Class [A] A Certificate from moneys received under the Certificate Insurance Policy. The Certificate Insurer shall have the right to inspect such records at reasonable times during normal business hours upon one Business Day’s 's prior written notice to the AdministratorTrustee. The Trustee and the Administrator shall promptly notify the Certificate Insurer of any proceeding or the institution of any action, of which a Responsible Officer of the Trustee or the Administrator , as the case may be, has actual knowledge, seeking the avoidance as a preferential transfer under the Bankruptcy Code (a "Preference Claim") of any distribution made with respect to the Class [A] A Certificates. Each Certificateholder of Class [A] A Certificates, by its purchase of Class [A] A Certificates, the Servicer, the Administrator Seller and the Trustee hereby agree that the Certificate Insurer (so long as no Certificate Insurer Default exists) may at any time during the continuation of any proceeding relating to a Preference Claim direct 43 49 all matters relating to such Preference Claim, including, without limitation, (i) the direction of any appeal of any order relating to such Preference Claim and (ii) the posting of any surety, supersedeas or performance bond pending any such appeal.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Home Equity Loan Corp)

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