Common use of Derivative Contracts Clause in Contracts

Derivative Contracts. (a) The Owner Trustee shall, at the direction of the Master Servicer, on behalf the Trust Estate, enter into Derivative Contracts, solely for the benefit of the Class SB Certificates. Any such Derivative Contract shall constitute a fully prepaid agreement. The Master Servicer shall determine, in its sole discretion, whether any Derivative Contract conforms to the requirements of Section 5.07(b) and (c). All collections, proceeds and other amounts in respect of the Derivative Contracts payable by the Derivative Counterparty shall be distributed to the Class SB Certificates on the Distribution Date following receipt thereof by the Owner Trustee. In no event shall such an instrument constitute a part of any REMIC created hereunder. In addition, in the event any such instrument is deposited, the Trust Estate shall be deemed to be divided into two separate and discrete sub-Trusts. The assets of one such sub-Trust shall consist of all the assets of the Trust Estate other than such instrument and the assets of the other sub-Trust shall consist solely of such instrument.

Appears in 6 contracts

Samples: Trust Agreement (RFMSII Series 2006-Hsa2 Trust), Trust Agreement (RFMSII Series 2005-Hsa1 Trust), Trust Agreement (Residential Funding Mortgage Sec Ii Inc Hm Eq Ln Tr 2004-Hs1)

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Derivative Contracts. (a) The Owner Trustee shall, at the direction of the Master Servicer, on behalf the Trust Estate, enter into Derivative Contracts, solely for the benefit of the Class SB Certificates. Any such Derivative Contract shall constitute a fully prepaid agreement. The Master Servicer shall determine, in its sole discretion, whether any Derivative Contract conforms to the requirements of Section 5.07(b) and (c). All collections, proceeds and other amounts in respect of the Derivative Contracts payable by the Derivative Counterparty shall be distributed to the Class SB Certificates on the Distribution Date following receipt thereof by the Owner Trustee. In no event shall such an instrument constitute a part of any REMIC created hereunder. In addition, in the event any such instrument is deposited, the Trust Estate shall be deemed to be divided into two separate and discrete sub-Trusts. The assets of one such sub-Trust shall consist of all the assets of the Trust Estate other than such instrument and the assets of the other sub-Trust shall consist solely of such instrument.

Appears in 5 contracts

Samples: Trust Agreement (Home Equity Loan Trust 2006-Hsa3), Trust Agreement (Home Equity Loan Trust 2006-Hsa4), Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Derivative Contracts. (a) The Owner Trustee shall, at the direction of the Master Servicer, on behalf of the Trust EstateFund, enter into Derivative Contracts, solely for the benefit of the Class SB Certificates. Any such Derivative Contract shall constitute a fully prepaid agreement. The Master Servicer shall determine, in its sole discretion, whether any Derivative Contract conforms to the requirements of Section 5.07(b4.11(b) and (c). All collections, proceeds and other amounts in respect of the Derivative Contracts payable by the Derivative Counterparty shall be distributed to the Class SB Certificates on the Distribution Date following receipt thereof by the Owner Trustee. In no event shall such an instrument constitute a part of any REMIC created hereunder. In addition, in the event any such instrument is deposited, the Trust Estate Fund shall be deemed to be divided into two separate and discrete sub-Trusts. The assets of one such sub-Trust shall consist of all the assets of the Trust Estate other than such instrument and the assets of the other sub-Trust shall consist solely of such instrument.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (RAMP Series 2005-Rs6 Trust), Custodial Agreement (RAMP Series 2005-Rs4 Trust), Custodial Agreement (RAMP Series 2005-Rs5 Trust)

Derivative Contracts. (a) The Owner Trustee shall, at the written direction of the Master Servicer, on behalf of the Trust EstateFund, enter into Derivative Contracts, solely for the benefit of the Class SB Certificates. Any such Derivative Contract shall constitute a fully prepaid agreement. The Master Servicer shall determine, in its sole discretion, whether any Derivative Contract conforms to the requirements of Section 5.07(bclauses (b) and (c)) of this Section 4.09. All collections, proceeds and other amounts in respect of the Derivative Contracts payable by the Derivative Counterparty shall be distributed to the Class SB Certificates on the Distribution Date following receipt thereof by the Owner Trustee. In no event shall such an instrument constitute a part of any REMIC created hereunder. In addition, in the event any such instrument is deposited, the Trust Estate Fund shall be deemed to be divided into two separate and discrete sub-Truststrusts. The assets of one such sub-Trust trust shall consist of all the assets of the Trust Estate Fund other than such instrument and the assets of the other sub-Trust trust shall consist solely of such instrument.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (RASC Series 2005-Ks8 Trust), Pooling and Servicing Agreement (RASC Series 2005-Ahl1 Trust)

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Derivative Contracts. (a) The Owner Trustee shall, at the written direction of the Master Servicer, on behalf of the Trust EstateFund, enter into Derivative Contracts, solely for the benefit of the Class SB Certificates. Any such Derivative Contract shall constitute a fully prepaid agreement. The Master Servicer shall determine, in its sole discretion, whether any Derivative Contract conforms to the requirements of Section 5.07(b4.11(b) and (c). All collections, proceeds and other amounts in respect of the Derivative Contracts payable by the Derivative Counterparty shall be distributed to the Class SB Certificates on the Distribution Date following receipt thereof by the Owner Trustee. In no event shall such an instrument constitute a part of any REMIC created hereunder. In addition, in the event any such instrument is deposited, the Trust Estate Fund shall be deemed to be divided into two separate and discrete sub-Trusts. The assets of one such sub-Trust shall consist of all the assets of the Trust Estate other than such instrument and the assets of the other sub-Trust shall consist solely of such instrument.

Appears in 1 contract

Samples: Custodial Agreement (RAMP Series 2005-Efc1 Trust)

Derivative Contracts. (a) The Owner Trustee shall, at the written direction of the Master Servicer, on behalf of the Trust EstateFund, enter into Derivative Contracts, solely for the benefit of the Class SB Certificates. Any such Derivative Contract shall constitute a fully prepaid agreement. The Master Servicer shall determine, in its sole discretion, whether any Derivative Contract conforms to the requirements of Section 5.07(b4.11(b) and (c). All collections, proceeds and other amounts in respect of the Derivative Contracts payable by the Derivative Counterparty shall be distributed to the Class SB Certificates on the Distribution Date following receipt thereof by the Owner Trustee. In no event shall such an instrument constitute a part of any REMIC created hereunder. In 103 addition, in the event any such instrument is deposited, the Trust Estate Fund shall be deemed to be divided into two separate and discrete sub-Trusts. The assets of one such sub-Trust shall consist of all the assets of the Trust Estate other than such instrument and the assets of the other sub-Trust shall consist solely of such instrument.

Appears in 1 contract

Samples: Custodial Agreement (RAMP Series 2005-Rs7 Trust)

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