Common use of Net Rate Cap Fund Clause in Contracts

Net Rate Cap Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Class A-1F and Class A-2F Certificates and Certificateholders of each Class of Subordinate Certificates, the Net Rate Cap Fund and deposit therein the amount of $5,000 paid to the Trustee by the Seller therefor. The Net Rate Cap Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Net Rate Cap Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on the Net Rate Cap Fund will be treated as owned by the Class BIO Certificateholder and will be taxable to the Class BIO Certificateholder. Distributions made or deemed deposited to any outside reserve fund under this document shall be treated as made to the owner of such fund.

Appears in 1 contract

Samples: Custodial Agreement (Delta Funding Home Equity Loan Tr 99-3 Home Eq as Bk Se 99-3)

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Net Rate Cap Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of Certificate Group F, other than the Class A-1F IOF Certificates, and Class A-2F Certificates and Certificateholders of each Class of Subordinate Certificates, the Net Rate Cap Fund and deposit therein the amount of $5,000 paid to the Trustee by the Seller therefor. The Net Rate Cap Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Net Rate Cap Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on the Net Rate Cap Fund will be treated as owned by the Class BIO Certificateholder and will be taxable to the Class BIO Certificateholder. Distributions made or deemed deposited to any outside reserve fund under this document Agreement shall be treated as made to the owner of such fund. The Trustee shall treat the Net Rate Cap Fund as having a nominal (zero) value for the Holders of the Group F Certificates.

Appears in 1 contract

Samples: Custodial Agreement (Delta Funding Corp /De/)

Net Rate Cap Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Class A-1F and Class A-2F A-6F Certificates and Certificateholders of each Class of Subordinate Certificates, the Net Rate Cap Fund and deposit therein the amount of $5,000 paid to the Trustee by the Seller therefor. The Net Rate Cap Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Net Rate Cap Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on the Net Rate Cap Fund will be treated as owned by the Class BIO Certificateholder and will be taxable to the Class BIO Certificateholder. Distributions made or deemed deposited to any outside reserve fund under this document shall be treated as made to the owner of such fund.

Appears in 1 contract

Samples: Custodial Agreement (Delta Funding Home Equity Loan Tr 1999-2 Home Equ Loan Ass B)

Net Rate Cap Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of Certificate Group F, other than the Class A-1F IOF Certificates, and Class A-2F Certificates and Certificateholders of each Class of Subordinate Certificates, the Net Rate Cap Fund and deposit therein the amount of $5,000 paid to the Trustee by the Seller therefor. The Net Rate Cap Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Net Rate Cap Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on the Net Rate Cap Fund will be treated as owned by the Class BIO Certificateholder and will be taxable to the Class BIO Certificateholder. Distributions made or deemed deposited to any outside reserve fund under this document Agreement shall be treated as made to the owner of such fund.

Appears in 1 contract

Samples: Custodial Agreement (Delta Fund Hm Equ Ln 2000-2 Hm Equ Ln Ass BKD CRT Ser 2000-2)

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Net Rate Cap Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of Certificate Group F, other than the Class A-1F IOF Certificates, and Class A-2F Certificates and Certificateholders of each Class of Subordinate Certificates, the Net Rate Cap Fund and deposit therein the amount of $5,000 paid to the Trustee by the Seller therefor. The Net Rate Cap Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Net Rate Cap Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on the Net Rate Cap Fund will be treated as owned by the Class BIO Certificateholder and will be taxable to the Class BIO Certificateholder. Distributions made or deemed deposited to any outside reserve fund under this document shall be treated as made to the owner of such fund.

Appears in 1 contract

Samples: Custodial Agreement (Delta Funding Corp /De/)

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