Common use of Supplemental Advances Clause in Contracts

Supplemental Advances. On each Deposit Date on which a Monthly Advance is to be made pursuant to the Pooling Agreement, the Supplemental Servicer shall be responsible for making Supplemental Advances in the amounts specified in the Servicer Disbursement Advice by making a wire transfer of such amounts in immediately available funds to the Certificate Account (or to an Eligible Account designated and held by the Trustee in trust for the Trust for deposit by the Trustee to the Certificate Account); provided that the Supplemental Servicer may but shall not be required to make a Supplemental Advance (a) as to which the Servicer has failed to make the related Primary Advance, (b) with respect to any Mortgage Loan if the Servicer or Supplemental Servicer determines that the mortgage or deed of trust securing the related Mortgage Loan does not constitute a first lien on the related Mortgaged Property; (c) to the extent the making of such Supplemental Advance would (i) cause the aggregate unreimbursed Supplemental Advances to exceed the Maximum Advance Obligation or cause the aggregate of all Supplemental Advances for each of the Scheduled Trusts (including the Trust) to exceed the Global Maximum Advance Obligation or (ii) cause the Supplemental Advance Ratio to exceed 75% after giving effect to any distribution in repayment of Supplement Advances to be made on the immediately succeeding Distribution Date as set forth in the related Servicer Disbursement Advice; (d) with respect to any Mortgage Loan to the extent the making of such Supplemental Advance would cause the aggregate unreimbursed Monthly Advances and Servicing Advances for such Mortgage Loans to exceed 25% of the lesser of (i) the related Cut-off Date Principal Balance and (ii) commencing with the Deposit Date occurring in July 1999, with respect to a Mortgage Loan delinquent more than 90 days, the market value of the related Mortgaged Property as reflected on the most recent BPO, if any, for such property obtained by the Servicer or the Supplemental Servicer; (e) if the Servicer Disbursement Advice setting out the Supplemental Advance to be made for any Deposit Date has not been verified by the Verification Agent and delivered to the Supplemental Servicer at least five (5) Business Days prior to the related Deposit Date; (f) if the Supplemental Servicer determines in its sole good faith discretion that such Supplemental Advance would not be ultimately recoverable by the Servicer from Late Collections; (g) with respect to any Mortgage Loan, if the Cut-off Date Principal Balance or most recent BPO for the related property is less than $35,000; or (h) if a BPO is not made available by the Servicer to the Supplemental Servicer at least 5 Business Days prior to the related Deposit Date beginning in July 1999 for a Mortgage Loan as to which a BPO is required to be obtained under the Servicer's "Foreclosure Loss Severity Guidelines" (or substantially similar guidelines of a Participating Successor Servicer, if applicable) which guidelines shall not be amended without the Supplemental Servicer's consent. In the event any Supplemental Advance would cause the Global Maximum Advance Obligation to be exceeded with respect to any Distribution Date, the Servicer shall give the Supplemental Servicer notice by 12:00 p.m. (noon) New York City time on the Business Day preceding the related Deposit Date of the Scheduled Trust or Trusts for which the Servicer will make additional Primary Advances such that the Global Maximum Advance Obligation will not be exceeded; provided that if such notice has not been given to the Supplemental Servicer by such time on such date, the Supplemental Servicer shall reduce the amount of its Supplemental Advances to each of the Scheduled Trusts requiring Monthly Advances on such Deposit Date on a pro rata basis based on the amount of unreimbursed Supplemental Advances to each of such Scheduled Trusts. In the event a Participating Successor Servicer has replaced the Servicer, the term "Servicer" as used in this Section 2.02 shall be deemed a reference to such Participating Successor Servicer.

Supplemental Advances. On each Deposit Date on which If any Lender (other than an Initial Lender) (such Lender a Monthly Advance is “Non-Funding Lender”) shall fail to fund its Pro Rata Share of any Loan, then the applicable Borrower shall be deemed to have requested a Borrowing (a “Supplemental Borrowing”) to be made pursuant to the Pooling Agreement, the Supplemental Servicer shall be responsible for making Supplemental Advances Section 2.01(c) in the amounts specified in the Servicer Disbursement Advice by making a wire transfer of such amounts in immediately available funds aggregate principal amount equal to the Certificate Account (or to an Eligible Account designated and held by the Trustee in trust for the Trust for deposit by the Trustee to the Certificate Account); provided that the Supplemental Servicer may but shall not be required to make a Supplemental Advance lesser of (a) as to which the Servicer has aggregate principal amount of the Advances so failed to make the related Primary Advance, have been made by all Non-Funding Lenders and (b) with respect to any Mortgage Loan if the Servicer or Supplemental Servicer determines that the mortgage or deed of trust securing the related Mortgage Loan does not constitute a first lien on the related Mortgaged Property; (c) to the extent the making of such Supplemental Advance would (i) cause the aggregate unreimbursed Supplemental Advances to exceed the Maximum Advance Obligation or cause the aggregate remaining amount of all Supplemental Advances for each Lenders’ (other than the Non-Funding Lenders’) Commitments in respect of the Scheduled Trusts (including the Trust) to exceed the Global Maximum Advance Obligation or (ii) cause the Supplemental Advance Ratio to exceed 75% relevant Tranche after giving effect to any distribution in repayment the prior funding of Supplement Advances each such Lender’s Pro Rata Share of the relevant Advance. The Supplemental Borrowing shall be deemed to be requested to be made on the immediately succeeding Distribution Closing Date as set forth in the related Servicer Disbursement Advice; (d) with respect to any Mortgage Loan to the extent the making of such Supplemental Advance would cause the aggregate unreimbursed Monthly Advances and Servicing Advances for such Mortgage Loans to exceed 25% of the lesser of (i) the related Cut-off Date Principal Balance and (ii) commencing with the Deposit Date occurring in July 1999, with respect to a Mortgage Loan delinquent more than 90 days, the market value of the related Mortgaged Property as reflected on the most recent BPO, if any, for such property obtained by the Servicer or the Supplemental Servicer; (e) if the Servicer Disbursement Advice setting out the Supplemental Advance to be made for any Deposit Date has not been verified by the Verification Agent and delivered to the Supplemental Servicer at least five (5) Business Days prior to the related Deposit Delayed Draw Date; (f) if the Supplemental Servicer determines in its sole good faith discretion that such Supplemental Advance would not be ultimately recoverable by the Servicer from Late Collections; (g) with respect to any Mortgage Loan, if the Cut-off Date Principal Balance or most recent BPO for the related property is less than $35,000; or (h) if a BPO is not made available by the Servicer to the Supplemental Servicer at least 5 Business Days prior to the related Deposit Date beginning in July 1999 for a Mortgage Loan as to which a BPO is required to be obtained under the Servicer's "Foreclosure Loss Severity Guidelines" (or substantially similar guidelines of a Participating Successor Servicer, if applicable) as a Base Rate Advance, and the location and number of the account to which guidelines shall not funds are deemed to be amended without requested to be disbursed in respect of the Supplemental Servicer's consentBorrowing shall be identical to those specified by the applicable Borrower in the notice delivered in respect of the initial Borrowing. In the event any Supplemental Advance would cause the Global Maximum Advance Obligation to be exceeded with respect to any Distribution DatePromptly after obtaining knowledge thereof, the Servicer Administrative Agent shall give advise the Supplemental Servicer notice by 12:00 p.m. (noon) New York City time on the Business Day preceding the related Deposit Date applicable Borrower and each Lender of the Scheduled Trust or Trusts for which the Servicer will make additional Primary Advances such that the Global Maximum Advance Obligation will not be exceeded; provided that if such notice has not been given to the Supplemental Servicer by such time on such date, the Supplemental Servicer any Lender having become a Non-Funding Lender and shall reduce advise each Lender of the amount of its such Lender’s Supplemental Advances Loan to each be made under Section 2.01(c) as part of the Scheduled Trusts requiring Monthly Advances on such Deposit Date on Supplemental Borrowing. No amounts shall be reallocated from Tranche 1 to Tranche 2 or vice versa as a pro rata basis based on the amount result of unreimbursed Supplemental Advances to each of such Scheduled Trusts. In the event a Participating Successor Servicer has replaced the Servicer, the term "Servicer" as used in this Section 2.02 shall be deemed a reference to such Participating Successor Servicer2.03.

Supplemental Advances. On each Deposit Date on which If any Lender (other than an Initial Lender) (such Lender a Monthly Advance is “Non-Funding Lender”) shall fail to fund its Pro Rata Share of any Loan, then the Borrower shall be deemed to have requested a Borrowing (a “Supplemental Borrowing”) to be made pursuant to the Pooling Agreement, the Supplemental Servicer shall be responsible for making Supplemental Advances Section 2.01(c) in the amounts specified in the Servicer Disbursement Advice by making a wire transfer of such amounts in immediately available funds aggregate principal amount equal to the Certificate Account (or to an Eligible Account designated and held by the Trustee in trust for the Trust for deposit by the Trustee to the Certificate Account); provided that the Supplemental Servicer may but shall not be required to make a Supplemental Advance lesser of (a) as to which and the Servicer has aggregate principal amount of the Advances so failed to make the related Primary Advance, have been made by all Non-Funding Lenders and (b) with respect to any Mortgage Loan if the Servicer or Supplemental Servicer determines that the mortgage or deed of trust securing the related Mortgage Loan does not constitute a first lien on the related Mortgaged Property; (c) to the extent the making of such Supplemental Advance would (i) cause the aggregate unreimbursed Supplemental Advances to exceed the Maximum Advance Obligation or cause the aggregate remaining amount of all Supplemental Advances for each Lenders’ (other than the Non-Funding Lenders’) commitments in respect of the Scheduled Trusts (including the Trust) to exceed the Global Maximum Advance Obligation or (ii) cause the Supplemental Advance Ratio to exceed 75% relevant Tranche after giving effect to any distribution in repayment the prior funding of Supplement Advances each such Lender’s Pro Rata Share of the relevant Advance. The Supplemental Borrowing shall be deemed to be requested to be made on the immediately succeeding Distribution Closing Date as set forth a Base Rate Advance, and the location and number of the account to which funds are deemed to be requested to be disbursed in respect of the Supplemental Borrowing shall be identical to those specified by the Bor- rower in the related Servicer Disbursement Advice; (d) with notice delivered in respect to of the initial Borrowing. Promptly after obtaining knowledge thereof, the Administrative Agent shall advise the Borrower and each Lender of any Mortgage Loan to Lender having become a Non-Funding Lender and shall advise each Lender of the extent the making amount of such Lender’s Supplemental Advance would cause the aggregate unreimbursed Monthly Advances and Servicing Advances for such Mortgage Loans to exceed 25% of the lesser of (i) the related Cut-off Date Principal Balance and (ii) commencing with the Deposit Date occurring in July 1999, with respect to a Mortgage Loan delinquent more than 90 days, the market value of the related Mortgaged Property as reflected on the most recent BPO, if any, for such property obtained by the Servicer or the Supplemental Servicer; (e) if the Servicer Disbursement Advice setting out the Supplemental Advance to be made for any Deposit Date has not been verified by the Verification Agent and delivered to under Section 2.01(c) as part of the Supplemental Servicer at least five (5) Business Days prior Borrowing. No amounts shall be reallocated from Tranche 1 to the related Deposit Date; (f) if the Supplemental Servicer determines in its sole good faith discretion that such Supplemental Advance would not be ultimately recoverable by the Servicer from Late Collections; (g) with respect to any Mortgage Loan, if the Cut-off Date Principal Balance Tranche 2 or most recent BPO for the related property is less than $35,000; or (h) if vice versa as a BPO is not made available by the Servicer to the Supplemental Servicer at least 5 Business Days prior to the related Deposit Date beginning in July 1999 for a Mortgage Loan as to which a BPO is required to be obtained under the Servicer's "Foreclosure Loss Severity Guidelines" (or substantially similar guidelines result of a Participating Successor Servicer, if applicable) which guidelines shall not be amended without the Supplemental Servicer's consent. In the event any Supplemental Advance would cause the Global Maximum Advance Obligation to be exceeded with respect to any Distribution Date, the Servicer shall give the Supplemental Servicer notice by 12:00 p.m. (noon) New York City time on the Business Day preceding the related Deposit Date of the Scheduled Trust or Trusts for which the Servicer will make additional Primary Advances such that the Global Maximum Advance Obligation will not be exceeded; provided that if such notice has not been given to the Supplemental Servicer by such time on such date, the Supplemental Servicer shall reduce the amount of its Supplemental Advances to each of the Scheduled Trusts requiring Monthly Advances on such Deposit Date on a pro rata basis based on the amount of unreimbursed Supplemental Advances to each of such Scheduled Trusts. In the event a Participating Successor Servicer has replaced the Servicer, the term "Servicer" as used in this Section 2.02 shall be deemed a reference to such Participating Successor Servicer2.03.

Supplemental Advances. On each Deposit Date If any Lender under a particular Class (other than an Initial Lender) (such Lender a “Non-Funding Lender”) shall fail to fund its Pro Rata Share of any Advance of such Class on which the Closing Date, then the applicable Borrower shall be deemed to have requested a Monthly Advance is Borrowing of such Class (a “Supplemental Borrowing”) to be made pursuant to the Pooling AgreementSection 2.01(a) or (b), the Supplemental Servicer shall be responsible for making Supplemental Advances as applicable, in the amounts specified in the Servicer Disbursement Advice by making a wire transfer of such amounts in immediately available funds aggregate principal amount equal to the Certificate Account (or to an Eligible Account designated and held by the Trustee in trust for the Trust for deposit by the Trustee to the Certificate Account); provided that the Supplemental Servicer may but shall not be required to make a Supplemental Advance lesser of (a) as to which the Servicer has aggregate principal amount of the Advances of such Class so failed to make the related Primary Advance, have been made by all Non-Funding Lenders and (b) with the aggregate remaining amount of all Lenders’ (other than the Non-Funding Lenders’) Commitments in respect to any Mortgage Loan if the Servicer or Supplemental Servicer determines that the mortgage or deed of trust securing the related Mortgage Loan does not constitute a first lien on the related Mortgaged Property; (c) to the extent the making of such Supplemental Advance would (i) cause the aggregate unreimbursed Supplemental Advances to exceed the Maximum Advance Obligation or cause the aggregate of all Supplemental Advances for each of the Scheduled Trusts (including the Trust) to exceed the Global Maximum Advance Obligation or (ii) cause the Supplemental Advance Ratio to exceed 75% Class after giving effect to the prior funding of each such Lender’s Pro Rata Share of any distribution in repayment relevant Advances of Supplement Advances such Class (and as applicable, any Revolving Exposure). The Supplemental Borrowing shall be deemed to be requested to be made on the immediately succeeding Distribution Closing Date as set forth a Base Rate Advance (or if denominated in an Alternative Currency, a rate determined in a customary manner in good faith by the Administrative Agent for short term Advances in such Alternative Currency) and the location and number of the account to which funds are deemed to be requested to be disbursed in respect of the Supplemental Borrowing shall be identical to those specified by the applicable Borrower in the related Servicer Disbursement Advice; (d) with notice delivered in respect to of the initial Borrowing. Promptly after obtaining knowledge thereof, the Administrative Agent shall advise the applicable Borrower and each Lender of any Mortgage Loan to Lender having become a Non-Funding Lender and shall advise each Lender of the extent the making amount of such Lender’s Supplemental Advance would cause the aggregate unreimbursed Monthly Advances and Servicing Advances for such Mortgage Loans to exceed 25% of the lesser of (i) the related Cut-off Date Principal Balance and (ii) commencing with the Deposit Date occurring in July 1999, with respect to a Mortgage Loan delinquent more than 90 days, the market value of the related Mortgaged Property as reflected on the most recent BPO, if any, for such property obtained by the Servicer or the Supplemental Servicer; (e) if the Servicer Disbursement Advice setting out the Supplemental Advance to be made for any Deposit Date has not been verified by the Verification Agent and delivered to under Section 2.01(a) or (b), as applicable, as part of the Supplemental Servicer at least five (5) Business Days prior to the related Deposit Date; (f) if the Supplemental Servicer determines in its sole good faith discretion that such Supplemental Advance would not Borrowing. No amounts shall be ultimately recoverable by the Servicer from Late Collections; (g) with respect to any Mortgage Loan, if the Cut-off Date Principal Balance or most recent BPO for the related property is less than $35,000; or (h) if reallocated among Classes as a BPO is not made available by the Servicer to the Supplemental Servicer at least 5 Business Days prior to the related Deposit Date beginning in July 1999 for a Mortgage Loan as to which a BPO is required to be obtained under the Servicer's "Foreclosure Loss Severity Guidelines" (or substantially similar guidelines result of a Participating Successor Servicer, if applicable) which guidelines shall not be amended without the Supplemental Servicer's consent. In the event any Supplemental Advance would cause the Global Maximum Advance Obligation to be exceeded with respect to any Distribution Date, the Servicer shall give the Supplemental Servicer notice by 12:00 p.m. (noon) New York City time on the Business Day preceding the related Deposit Date of the Scheduled Trust or Trusts for which the Servicer will make additional Primary Advances such that the Global Maximum Advance Obligation will not be exceeded; provided that if such notice has not been given to the Supplemental Servicer by such time on such date, the Supplemental Servicer shall reduce the amount of its Supplemental Advances to each of the Scheduled Trusts requiring Monthly Advances on such Deposit Date on a pro rata basis based on the amount of unreimbursed Supplemental Advances to each of such Scheduled Trusts. In the event a Participating Successor Servicer has replaced the Servicer, the term "Servicer" as used in this Section 2.02 shall be deemed a reference to such Participating Successor Servicer2.05.