Common use of Premium Recapture Clause in Contracts

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 15 contracts

Samples: And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)

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Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties a prepayment penalty, in the event that any such Mortgage Loan prepays in full during the first 90 days three months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days after giving notice ten (10) Business Days of such prepayment in full or repurchasefull, an amount equal to the excess product of the applicable percentage of par as stated in the related Purchase Price Percentage for such Mortgage Loan over par, multiplied by and Terms Agreement (subject to adjustment as provided therein) and the outstanding principal balance Stated Principal Balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 11 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc5)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days four months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.047.04, the Seller shall pay the Purchaser, within 30 calendar days ten (10) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 11 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties prepayment penalties that prepays in full during the first 90 days six months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.049.03, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 10 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days three (3) months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 8 contracts

Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties prepayment penalties that prepays in full on or prior to the related Closing Date or during the first 90 ninety (90) days following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days thirty (30) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 7 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days three months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.047.04, the Seller shall pay the Purchaser, within 30 calendar days ten (10) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 5 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 ninety (90) days following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 4 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days six months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.049.05, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 4 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-2)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties prepayment penalties that prepays in full on or prior to the related Closing Date or during the first 90 sixty (60) days following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days thirty (30) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 3 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 3 contracts

Samples: And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-2), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days three months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.047.04, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 3 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)

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Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 ninety (90) days following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess (if any) of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days three (3) months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving receipt of notice and an invoice for the amount of such prepayment in full or repurchasethe premium recapture, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 sixty (60) days following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar twenty (20) days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off DateDate over (ii) any Prepayment Penalties collected on such prepaid Mortgage Loans.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days three months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.047.04, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchasefull, an amount equal to the excess excess, if any, of the applicable Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 2 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties prepayment penalties that prepays in full during the first 90 days two months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days thirty (30) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days six months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.047.04, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)

Premium Recapture. With respect to any Mortgage Loan without Prepayment Penalties prepayment penalties that prepays in full during the first 90 days three months following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.047.04, the Seller shall pay the Purchaser, within 30 calendar days three (3) Business Days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc)

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