Interest Allocations. On each Distribution Date, (i) the Trustee shall deposit into the Note Distribution Account all funds on deposit in the Reserve Fund and (ii) the Servicer shall instruct the Trustee in writing to withdraw, and on the related Distribution Date the Trustee shall withdraw from the Note Distribution Account (A) the Interest Collections and (B) amounts deposited therein from the Reserve Fund to the extent necessary to make the following payments. The payments listed below will be made only to the extent there are sufficient amounts available in the Note Distribution Account on the Distribution Date. Payments will be made in the order of priority listed below. On any Pro Rata Distribution Date and with respect to pro rata payments of principal of the Notes as described herein, such payments shall be made pro rata to the Classes of Notes then outstanding based on the respective Original Principal Amounts of such Classes of Notes with respect to which such payments are made, and any amount of principal to be paid pro rata solely between the Class A-1 Notes and the Class A-2 Notes will be paid based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes. If on any Pro Rata Distribution Date the Outstanding Principal Balance of any Class of Notes shall be reduced to zero after application of any payments in respect of principal on such Distribution Date, the amount remaining for distribution in respect of principal on such date shall be distributed pro rata to the Classes of Notes which then have Outstanding Principal Balances based on the respective Original Principal Amounts of such Classes of Notes. Payments will be made in the following order of priority. 1. pro rata, based on the amounts payable under this clause 1, Administrative Expenses, subject to the limitations set forth in the definition thereof; 2. to the Servicer, to the extent not previously reimbursed, the sum of (i) Scheduled Payment Advances relating to interest on the Loans, together with accrued interest thereon, from Interest Collections received on the Loans for which such Scheduled Payment Advances were made, (ii) Servicing Advances, together with accrued interest thereon, from Interest Collections received on the Loans for which such Servicing Advances were made and (iii) all Nonrecoverable Advances relating to interest, together with accrued interest thereon; 3. to the Servicer, its accrued and unpaid Senior Servicing Fee; 4. pro rata, based on the amounts payable under clauses (a) and (b) of this clause 4, (a) to the Class A Noteholders, the sum of (i) the Class A-1 Interest Amount and the Class A-2 Interest Amount for the related Interest Period and (ii) the Class A-1 Interest Shortfall, if any, and the Class A-2 Interest Shortfall, if any, and (b) to the Class A-2 Noteholders, the Commitment Fee Amount; 5. to the Class B Noteholders, the Class B Interest Amount for the related Interest Period and the Class B Interest Shortfall, if any; 6. to the Class C Noteholders, the Class C Interest Amount for the related Interest Period and the Class C Interest Shortfall, if any; 7. to the Class D Noteholders, the Class D Interest Amount for the related Interest Period and the Class D Interest Shortfall, if any; 8.(i) prior to the occurrence of a Servicer Default or an Event of Default, an amount equal to the Additional Principal Amount, to be paid as follows: (A) during the Reinvestment Period, on any Pro Rata Distribution Date, at the option of the Servicer, either (i) such amount shall be deemed to be Principal Collections which shall be deposited in the Principal Collection Account for investment in Additional Loans or (ii) to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders, the Class E Noteholders and the Class F Noteholder, pro rata based on the original Outstanding Principal Balance of each such class of Notes in reduction of their respective Outstanding Principal (c) Balances until the Additional Principal Amount is reduced to zero; provided that amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 Noteholders and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes; (B) after the Reinvestment Period, if such Distribution Date is a Pro Rata Distribution Date, to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders, the Class E Noteholders and the Class F Noteholder, pro rata based on the original Outstanding Principal Balance of each such Class of Notes in reduction of their respective Outstanding Principal Balances until the Additional Principal Amount is reduced to zero; provided that amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 Noteholders and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes; and (C) if such Distribution Date is a Sequential Distribution Date, to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders and the Class E Noteholders, sequentially until the Additional Principal Amount is reduced to zero, as follows: (I) to the Class A-1 Noteholders and the Class A-2 Noteholders, pro rata based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes, until the Outstanding Principal Balance of the Class A Notes is reduced to zero; (II) to the Class B Noteholders, the Class B Accrued Payable, if any; (III) to the Class B Noteholders, until the Outstanding Principal Balance of the Class B Notes is reduced to zero; (IV) to the Class C Noteholders, the Class C Accrued Payable, if any; (V) to the Class C Noteholders, until the Outstanding Principal Balance of the Class C Notes is reduced to zero; (VI) to the Class D Noteholders, the Class D Accrued Payable, if any; (VII) to the Class D Noteholders, until the Outstanding Principal Balance of the Class D Notes is reduced to zero; (VIII) to the Class E Noteholders, the Class E Accrued Payable, if any; and (IX) to the Class E Noteholders, until the Outstanding Principal Balance of the Class E Notes is reduced to zero;
Appears in 1 contract
Sources: Sale and Servicing Agreement (NewStar Financial, Inc.)
Interest Allocations. On each Distribution Date, (i) the Trustee shall deposit into the Note Distribution Account all funds on deposit in the Reserve Fund and (ii) the Servicer shall instruct the Trustee in writing to withdraw, and on the related Distribution Date the Trustee shall withdraw from the Note Distribution Account (A) the Interest Collections and (B) amounts deposited therein from the Reserve Fund to the extent necessary to make the following payments. The payments listed below will be made only to the extent there are sufficient amounts available in the Note Distribution Account on the Distribution Date. Payments will be made in the order of priority listed below. On any Pro Rata Distribution Date and with respect to pro rata payments of principal of the Notes as described herein, such payments shall be made pro rata to the Classes of Notes then outstanding based on the respective Original Principal Amounts original principal amounts of such Classes of Notes with respect to which such payments are made, and any amount of principal to be paid pro rata solely between the Class A-1 A-l Notes and the Class A-2 Notes will be paid based on the Outstanding Principal Balance of the Class A-1 A-l Notes and the Class A-2 NotesNotes as set forth in the Quarterly Report for the related Due Period. If on any Pro Rata Distribution Date the Outstanding Principal Balance of any Class of Notes shall be reduced to zero after application of any payments in respect of principal on such Distribution Date, the amount remaining for distribution in respect of principal on such date shall be distributed pro rata to the Classes of Notes which then have Outstanding Principal Balances based on the respective Original Principal Amounts original principal amounts of such Classes of Notes. Payments will be made in the following order of priority.
1. pro rata, based on the amounts payable under this clause 1, Administrative Expenses, subject to the limitations set forth in the definition thereof;
2. to the Servicer, to the extent not previously reimbursed, the sum of (i) Scheduled Payment Advances relating to interest on the Loans, together with accrued interest thereon, from Interest Collections received on the Loans for which such Scheduled Payment Advances were made, (ii) Servicing Advances, together with accrued interest thereon, from Interest Collections received on the Loans for which such Servicing Advances were made and (iii) all Nonrecoverable Advances relating to interest, together with accrued interest thereon;
3. to the Servicer, its accrued and unpaid Senior Servicing Fee;
4. pro rata, based on the amounts payable under clauses (a) and (b) of this clause 4, (a) to the Class A Noteholders, the sum of (i) the Class A-1 A-l Interest Amount and the Class A-2 Interest Amount for the related Interest Period and (ii) the Class A-1 A-l Interest Shortfall, if any, and the Class A-2 Interest Shortfall, if any, and (b) to the Class A-2 Noteholders, the Commitment Fee Amount;
5. to the Class B Noteholders, the Class B Interest Amount for the related Interest Period and the Class B Interest Shortfall, if any;
6. to the Class C Noteholders, the Class C Interest Amount for the related Interest Period and the Class C Interest Shortfall, if any;
7. to the Class D Noteholders, the Class D Interest Amount for the related Interest Period and the Class D Interest Shortfall, if any;
8.(i8. to the Class E Noteholders, the Class E Interest Amount for the related Interest Period and the Class E Interest Shortfall, if any;
9. (i) prior to the occurrence of a Servicer Default or an Event of Default, an amount equal to the Additional Principal Amount, to be paid as follows:
(A) during the Reinvestment Period, on any Pro Rata Distribution Date, at the option of the Servicer, either (i) such amount shall be deemed to be Principal Collections which shall be deposited in the Principal Collection Account for investment in Additional Loans or (ii) to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders, the Class E Noteholders and the Class F Noteholder, pro rata based on the original Outstanding Principal Balance of each such class of Notes in reduction of their respective Outstanding Principal (c) Balances until the Additional Principal Amount is reduced to zero; provided that amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 Noteholders and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes;
(B) after the Reinvestment Period, if such Distribution Date is a Pro Rata Distribution Date, to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders, the Class E Noteholders and the Class F NoteholderE Noteholders, pro rata based on the original Outstanding Principal Balance of each such Class of Notes in reduction of their respective Outstanding Principal Balances until the Additional Principal Amount is reduced to zero; provided that amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 A-l Noteholders and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 A-l Notes and the Class A-2 Notes; and
(CB) if such Distribution Date is a Sequential Distribution Date, to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders and the Class E Noteholders, sequentially until the Additional Principal Amount is reduced to zero, as follows:
(I) to the Class A-1 A-l Noteholders and the Class A-2 Noteholders, pro rata based on the Outstanding Principal Balance of the Class A-1 A-l Notes and the Class A-2 Notes, until the Outstanding Principal Balance of the Class A Notes is reduced to zero;
(II) to the Class B Noteholders, the Class B Accrued Payable, if any;
(III) to the Class B Noteholders, Noteholders until the Outstanding Principal Balance of the Class B Notes is reduced to zero;
(IV) to the Class C Noteholders, the Class C Accrued Payable, if any;
(V) to the Class C Noteholders, Noteholders until the Outstanding Principal Balance of the Class C Notes is reduced to zero;
(VI) to the Class D Noteholders, the Class D Accrued Payable, if any;
(VII) to the Class D Noteholders, Noteholders until the Outstanding Principal Balance of the Class D Notes is reduced to zero;
(VIII) to the Class E Noteholders, the Class E Accrued Payable, if any; and
(IX) to the Class E Noteholders, Noteholders until the Outstanding Principal Balance of the Class E Notes is reduced to zero;
Appears in 1 contract
Sources: Sale and Servicing Agreement (NewStar Financial, Inc.)
Interest Allocations. On each Distribution Date, (i) the Indenture Trustee shall deposit into the Note Distribution Account all funds on deposit in the Reserve Fund and (ii) the Servicer shall instruct the Indenture Trustee in writing to withdraw, and on the related Distribution Date the Indenture Trustee shall withdraw from the Note Distribution Account (A) the Interest Collections and (B) amounts deposited therein from the Reserve Fund to the extent necessary to make the following payments. The payments listed below will be made only to the extent there are sufficient amounts available in the Note Distribution Account on the Distribution Date. Payments will be made in the order of priority listed below. On any Pro Rata Distribution Date and with With respect to pro rata payments of principal of the Notes as described herein, such payments shall be made pro rata to the Classes of Notes then outstanding based on the respective Original Principal Amounts original principal amounts of such Classes of Notes with respect to which such payments are made, and any amount of principal to be paid pro rata solely between the Class A-1 A-l Notes and the Class A-2 Notes will be paid based on the Outstanding Principal Balance of the Class A-1 A-l Notes and the Class A-2 NotesNotes as set forth in the Quarterly Report for the related Determination Date. If on any Pro Rata Distribution Date the Outstanding Principal Balance of any Class of Notes shall be reduced to zero after application of any payments in respect of principal on such Distribution Date, the amount remaining for distribution in respect of principal on such date shall be distributed pro rata to the Classes of Notes which then have Outstanding Principal Balances based on the respective Original Principal Amounts original principal amounts of such Classes of Notes. Payments will be made in the following order of priority.
1. pro rata, based on the amounts payable under this clause 1, Administrative Expenses, subject to the limitations set forth in the definition thereof;
2. to the Servicer, to the extent not previously reimbursed, the sum of (i) Scheduled Payment Advances relating to interest on the Loansinterest, together with accrued interest thereon, from Interest Collections received on the Loans for which such Scheduled Payment Advances were made, (ii) Servicing Advances, together with accrued interest thereon, from Interest Collections received on the Loans for which such Servicing Advances were made and (iiiii) all Nonrecoverable Advances relating to interest, together with accrued interest thereon;
3. to the Servicer, its accrued and unpaid Senior Servicing Fee;
4. pro rata, based on the amounts payable under clauses (a) and (b) of this clause 4, (a) to the Class A Noteholders, the sum of (i) the Class A-1 Interest Amount and the Class A-2 Interest Amount for the related Interest Period and (ii) the Class A-1 Interest Shortfall, if any, and the Class A-2 Interest Shortfall, if any, and (b) to the Class A-2 Noteholders, the Commitment Fee Amount;
5. to the Class B Noteholders, the Class B Interest Amount for the related Interest Period and the Class B Interest Shortfall, if any;
6. to the Class C Noteholders, the Class C Interest Amount for the related Interest Period and the Class C Interest Shortfall, if any;
7. to the Class D Noteholders, the Class D Interest Amount for the related Interest Period and the Class D Interest Shortfall, if any;
8.(i8. to the Class E Noteholders, the Class E Interest Amount for the related Interest Period and the Class E Interest Shortfall, if any;
9. (i) prior to the occurrence of a Servicer Default or an Event of Default, an amount equal to the Additional Principal Amount, to be paid as follows:
(A) during the Reinvestment Period, on any Pro Rata Distribution Date, at the option of the Servicer, either (i) such amount shall be deemed to be Principal Collections which shall be deposited in the Principal Collection Account for investment in Additional Loans or (ii) to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders, the Class E Noteholders and the Class F Noteholder, pro rata based on the original Outstanding Principal Balance of each such class of Notes in reduction of their respective Outstanding Principal (c) Balances until the Additional Principal Amount is reduced to zero; provided that amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 Noteholders and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes;
(B) after the Reinvestment Period, if such Distribution Date is a Pro Rata Distribution Date, to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders, the Class E Noteholders and the Class F NoteholderE Noteholders, pro rata based on the original Outstanding Principal Balance of each such Class of Notes in reduction of their respective Outstanding Principal Balances until the Additional Principal Amount is reduced to zero; provided that amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 Noteholders and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes; and
(CB) if such Distribution Date is a Sequential Distribution Date, to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders and the Class E Noteholders, sequentially until the Additional Principal Amount is reduced to zero, as follows:
(I) to the Class A-1 A-l Noteholders and the Class A-2 Noteholders, pro rata based on the Outstanding Principal Balance of the Class A-1 A-l Notes and the Class A-2 Notes, until the Outstanding Principal Balance of the Class A Notes is reduced to zero;
(II) to the Class B Noteholders, the Class B Accrued Payable, if any;
(III) to the Class B Noteholders, Noteholders until the Outstanding Principal Balance of the Class B Notes is reduced to zero;
(IV) to the Class C Noteholders, the Class C Accrued Payable, if any;
(V) to the Class C Noteholders, Noteholders until the Outstanding Principal Balance of the Class C Notes is reduced to zero;
(VI) to the Class D Noteholders, the Class D Accrued Payable, if any;
(VII) to the Class D Noteholders, Noteholders until the Outstanding Principal Balance of the Class D Notes is reduced to zero;
(VIII) to the Class E Noteholders, the Class E Accrued Payable, if any; and
(IX) to the Class E Noteholders, Noteholders until the Outstanding Principal Balance of the Class E Notes is reduced to zero;
Appears in 1 contract
Sources: Sale and Servicing Agreement (NewStar Financial, Inc.)
Interest Allocations. On each Distribution Date, (i) the Trustee shall deposit into the Note Distribution Account all funds on deposit in the Reserve Fund and (ii) the Servicer Trustee shall instruct the Trustee in writing to withdraw, and on in accordance with the related Distribution Date the Trustee shall withdraw Quarterly Report, from the Note Distribution Account (A) the Interest Collections and (B) amounts deposited therein from the Reserve Fund to the extent necessary to make the following payments. The payments listed below will be made only to the extent there are sufficient amounts available in the Note Distribution Account on the Distribution Date; provided that if on the initial Distribution Date, the amounts on deposit in the Note Distribution Account are not sufficient to make the following payments, the Servicer may make a Servicing Advance to the extent of the deficiency (subject to the Servicer’s reasonable expectation that the payments on the Loans with respect to which such Servicing Advance is made will be paid on the next payment date under the Loans) by making a deposit in the Note Distribution Account no later than the Business Day preceding such Distribution Date. Payments will be made in the order of priority listed below. On any Pro Rata Distribution Date and with With respect to pro rata payments of principal of on the Notes as described hereinNotes, such payments shall be made pro rata to the Classes of Notes then outstanding based on the respective Original Principal Amounts of such Classes of Notes with respect to which such payments are made, and any amount of principal to be paid pro rata solely between the Class A-1 Notes and the Class A-2 Notes will be paid based on the Outstanding Principal Balance of each such Class of Notes as of the Class A-1 Notes and last day of the Class A-2 NotesDue Period as set forth in the Quarterly Report. If on any Pro Rata Distribution Date the Outstanding Principal Balance of any Class of Notes shall be reduced to zero after application of any payments in respect of principal on such Distribution Date, the amount remaining for distribution in respect of principal on such date shall be distributed pro rata to the Classes of Notes which then have Outstanding Principal Balances based on the respective Original Principal Amounts original principal amounts of such Classes of Notes. Payments will shall be made in the following order of priority.:
1. pro rata, based on the amounts payable under this clause 1, to the payment of Administrative Expenses, subject to the limitations set forth in the definition thereof;
2. to the Servicer, to the extent not previously reimbursed, the sum of (i) Scheduled Payment Advances relating to interest on the Loans, together with accrued interest thereon, from Interest Collections received on the Loans for which such Scheduled Payment Advances were made, (ii) Servicing Advances, together with accrued interest thereon, from Interest Collections received on the Loans for which such Servicing Advances were made and (iii) all Nonrecoverable Advances relating to interest, together with accrued interest thereon;
3. to the Servicer, its accrued and unpaid Senior Servicing Fee;
4. pro rata, based on the amounts payable under clauses (a) and (b) of this clause 4, to the Class A-1 Noteholders and the Class A-2 Noteholders; provided that:
(a) all Interest Collections allocated to the Class A-1 Noteholders shall be distributed in the following order of priority: (1) pro rata based upon amounts payable under this clause (4)(a)(1) (A) to the Class A A-1A Noteholders, the sum of (i) the Class A-1 Interest Amount and the Class A-2 A-1A Interest Amount for the related Interest Period and (ii) the Class A-1 Interest Shortfall, if any, and the Class A-2 A-1A Interest Shortfall, if any, and (bB) to the Class A-2 A-1A VFN Noteholders, the Commitment Fee Amount, the Class A-1A VFN Interest Amount for the related Interest Period and the Class A-1A VFN Interest Shortfall, if any, and (2) to the Class A-1B Noteholders, the Class A-1B Interest Amount for the related Interest Period and the Class A-1B Interest Shortfall, if any; and
(b) all Interest Collections allocated to the Class A-2 Noteholders shall be distributed in the following order of priority: (1) to the Class A-2A Noteholders, the Class A-2A Interest Amount for the related Interest Period and the Class A-2A Interest Shortfall, if any, and (2) to the Class A-2B Noteholders, the Class A-2B Interest Amount for the related Interest Period and the Class A-2B Interest Shortfall, if any;
5. to the Class B Noteholders, the Class B Interest Amount for the related Interest Period and the Class B Interest Shortfall, if any;
6. to the Class C Noteholders, the Class C Interest Amount for the related Interest Period and the Class C Interest Shortfall, if any;
7. to the Class D Noteholders, the Class D Interest Amount for the related Interest Period and the Class D Interest Shortfall, if any;
8.(i8. (i) prior to the occurrence of a Servicer Default or an Event of Default, an amount equal to the Additional Principal Amount, to be paid as follows:
(Aa) during the Reinvestment Period, on any Pro Rata Distribution Date, at the option of the Servicer, either (i) such amount shall be deemed to be Principal Collections which shall be deposited in the Principal Collection Account for investment in Additional Loans or (ii) to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders, the Class E Noteholders and the Class F Noteholder, pro rata based on the original Outstanding Principal Balance of each such class of Notes in reduction of their respective Outstanding Principal (c) Balances until the Additional Principal Amount is reduced to zero; provided that amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 Noteholders and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes;
(B) after the Reinvestment Period, if such Distribution Date is a Pro Rata Distribution Date, to the Class A A-1A Noteholders, Class A-1A VFN Noteholders, Class A-1B Noteholders, Class A-2A Noteholders and Class A-2B Noteholders, the Class B Noteholders, the Class C Noteholders, and the Class D Noteholders, the Class E Noteholders and the Class F Noteholderpro rata, pro rata based on the original Outstanding Principal Balance of each such Class of Notes in reduction of their respective Outstanding Principal Balances until the Additional Principal Amount is reduced to zero; provided that amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 Noteholders and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes; and
(Cb) if such Distribution Date is a Sequential Distribution Date, to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Noteholders and Class D Noteholders and the Class E Noteholders, sequentially until the Additional Principal Amount is reduced to zero, as follows:
(I) to the Class A-1 Noteholders and the Class A-2 Noteholders, pro rata based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notesrata, until the Outstanding Principal Balance of the Class A Notes is reduced to zero; provided that (A) amounts paid to the Class A-1 Noteholders will be paid to the Class A-1A Notes and Class A-1A VFN Notes pro rata based on their Outstanding Principal Balances prior to the Class A-1B Notes and (B) amounts paid to the Class A-2 Noteholders will be paid to the Class A-2A Notes prior to the Class A-2B Notes;
(II) to the Class B Noteholders, the Class B Accrued Payable, if any;
(III) to the Class B Noteholders, Noteholders until the Outstanding Principal Balance of the Class B Notes is reduced to zero;
(IV) to the Class C Noteholders, the Class C Accrued Payable, if any;
(V) to the Class C Noteholders, Noteholders until the Outstanding Principal Balance of the Class C Notes is reduced to zero;
(VI) to the Class D Noteholders, the Class D Accrued Payable, if any;; and
(VII) to the Class D Noteholders, Noteholders until the Outstanding Principal Balance of the Class D Notes is reduced to zero;
(VIII) to the Class E Noteholders, the Class E Accrued Payable, if any; and
(IX) to the Class E Noteholders, until the Outstanding Principal Balance of the Class E Notes is reduced to zero;
Appears in 1 contract
Interest Allocations. On each Distribution Date, (i) the Trustee shall deposit into Trustee, upon written instructions from the Servicer, will transfer all Interest Collections received in the Interest Collection Account during the immediately preceding Due Period to the Note Distribution Account all funds on deposit in the Reserve Fund and (ii) the Servicer shall instruct the Trustee in writing to withdraw, and on the related Account. On each Distribution Date (other than a Distribution Date following an Event of Default and acceleration of the Trustee shall withdraw Notes), the Trustee, upon written instructions from the Note Distribution Account (A) the Interest Collections and (B) amounts deposited therein from the Reserve Fund to the extent necessary to make the following payments. The payments listed below Servicer, will be made only distribute such transferred amounts, to the extent there are sufficient amounts available funds in the Note Distribution Account on Account, to the Distribution Date. Payments will be made following parties in the order of priority listed set forth below. On any Pro Rata Distribution Date and with With respect to pro rata payments each class of principal of the Notes as described hereinthen Outstanding, such payments shall be made pro rata to the Classes Holders of Notes then outstanding of the related class based on the their respective Original Principal Amounts of such Classes of Notes with respect to which such payments are made, and any amount of principal to be paid pro rata solely between the Class A-1 Notes and the Class A-2 Notes will be paid based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes. If on any Pro Rata Distribution Date the Outstanding Principal Balance of any Class of Notes shall be reduced to zero after application of any payments in respect of principal on such Distribution Date, the amount remaining for distribution in respect of principal on such date shall be distributed pro rata to the Classes of Notes which then have Outstanding Principal Balances based on the respective Original Principal Amounts of such Classes of Notes. Payments will be made in the following order of priorityPercentage Interests.
1. pro rata, based on to the amounts payable under this clause 1, payment of Administrative ExpensesExpenses (in the order specified in the definition thereof), subject to the limitations set forth in the definition thereof; provided that the cumulative amount of Administrative Expenses paid under this clause 1 in any rolling twelve month period shall not exceed $250,000 plus 0.03% of the Aggregate Outstanding Loan Balance as of the first day of the related Due Period;
2. to the Servicer, to the extent not previously reimbursed, the sum of (i) Scheduled Payment Advances relating to interest on the such Loans, together with accrued interest thereon, from Interest Collections received on the Loans for which such Scheduled Payment Advances were made, made and (ii) Servicing AdvancesAdvances relating to interest on such Loans, together with accrued interest thereon, from Interest Collections received on the Loans for which such Servicing Advances were made made; provided that the cumulative amount of Servicing Advances reimbursed on any individual Loan under this clause 2 and (iiiunder clause 2 of Section 7.05(b) all Nonrecoverable Advances relating in any rolling twelve month period shall not exceed the amount of interest payments scheduled to interest, together with accrued interest thereonbe paid at the contract rate for such Loan over such time period;
3. to the Servicer, its accrued and unpaid Senior Servicing Fee;
4. pro rata, based on the amounts payable under clauses (a) and (b) of this clause 4, (a) to the Class A Noteholders, the sum of (i) the Class A-1 Interest Amount and the Class A-2 A Interest Amount for the related Interest Period and (ii) the Class A-1 Interest Shortfall, if any, and the Class A-2 Interest Shortfall, if any, and (b) to the Class A-2 Noteholders, the Commitment Fee AmountPeriod;
5. to the Class B Noteholders, the Class B Interest Amount for the related Interest Period and Period;
6. if either of the Collateral Coverage Tests is not satisfied as of the related Determination Date (provided that, with respect to the Interest Coverage Test only, such Determination Date is not the first Determination Date), to pay principal of, first, the Class A Notes until the Collateral Coverage Tests are satisfied (or, if sooner, until the Outstanding Principal Balance of the Class A Notes is reduced to zero) and, second, the Class B Interest ShortfallNotes, until the Collateral Coverage Tests are satisfied (or, if anysooner, until the Outstanding Principal Balance of the Class B Notes is reduced to zero);
67. to the Class C Noteholders, the Class C Interest Amount for the related Interest Period and the Class C Interest Shortfall, if any;
78. in the event that the Issuer is required to and has not obtained the Effective Date Ratings Confirmation from ▇▇▇▇▇’▇, to the Class D Noteholderspayment of principal of first, the Class D Interest Amount for the related Interest Period and the Class D Interest ShortfallA Notes, if any;
8.(i) prior to the occurrence of a Servicer Default or an Event of Default, an amount equal to the Additional Principal Amount, to be paid as follows:
(A) during the Reinvestment Period, on any Pro Rata Distribution Date, at the option of the Servicer, either (i) such amount shall be deemed to be Principal Collections which shall be deposited in the Principal Collection Account for investment in Additional Loans or (ii) to the Class A Noteholderssecond, the Class B NoteholdersNotes, and third, the Class C NoteholdersNotes, in each case until and to the Class D Noteholdersextent necessary for ▇▇▇▇▇’▇ to grant the Effective Date Ratings Confirmation;
9. any amounts due in respect of listing the Offered Notes on the Irish Stock Exchange;
10. to the Servicer, any accrued and unpaid Deferred Servicing Fee (plus accrued and unpaid interest thereon) as well as, to the Class E Noteholders extent not reimbursed pursuant to clause 2 above, reimbursement for the amount of (a) any Scheduled Payment Advances relating to interest on the Loans, together with accrued interest thereon, (b) any Servicing Advances, together with accrued interest thereon and the Class F Noteholder(c) all Nonrecoverable Advances relating to interest, together with accrued interest thereon;
11. pro rata rata, based on the original Outstanding Principal Balance of each amounts owed to such class of Notes Persons under this clause 11, Administrative Expenses (in reduction of their respective Outstanding Principal (c) Balances until the Additional Principal Amount is reduced order specified in the definition thereof), to zero; provided that the extent not paid pursuant to clause 1 above due to the limitations set forth in the definition thereof or in clause 1 above, and any other amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 Noteholders Trustee and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes;
(B) after the Reinvestment PeriodOwner Trustee related to indemnification, if such Distribution Date is a Pro Rata Distribution Dateand, to the Class A NoteholdersTrustee and a Successor Servicer, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders, the Class E Noteholders and the Class F Noteholder, pro rata based on the original Outstanding Principal Balance of each such Class of Notes in reduction of their respective Outstanding Principal Balances until the Additional Principal Amount is reduced to zero; provided that amounts payable to the Class A Noteholders hereunder will be paid pro rata to the Class A-1 Noteholders and the Class A-2 Noteholders based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notesany Servicing Transfer Costs; and
(C) if such Distribution Date is a Sequential Distribution Date, 12. any remaining amounts to the Class A Noteholders, the Class B Noteholders, the Class C Noteholders, the Class D Noteholders and the Class E Noteholders, sequentially until the Additional Principal Amount is reduced to zero, as follows:
(I) to the Class A-1 Noteholders and the Class A-2 Noteholders, pro rata based on the Outstanding Principal Balance of the Class A-1 Notes and the Class A-2 Notes, until the Outstanding Principal Balance of the Class A Notes is reduced to zero;
(II) to the Class B Noteholders, the Class B Accrued Payable, if any;
(III) to the Class B Noteholders, until the Outstanding Principal Balance of the Class B Notes is reduced to zero;
(IV) to the Class C Noteholders, the Class C Accrued Payable, if any;
(V) to the Class C Noteholders, until the Outstanding Principal Balance of the Class C Notes is reduced to zero;
(VI) to the Class D Noteholders, the Class D Accrued Payable, if any;
(VII) to the Class D Noteholders, until the Outstanding Principal Balance of the Class D Notes is reduced to zero;
(VIII) to the Class E Noteholders, the Class E Accrued Payable, if any; and
(IX) to the Class E Noteholders, until the Outstanding Principal Balance of the Class E Notes is reduced to zero;Certificateholder.
Appears in 1 contract
Sources: Sale and Servicing Agreement (NewStar Financial, Inc.)