Common use of The Certificate Insurance Policy Clause in Contracts

The Certificate Insurance Policy. (a) If, on the Business Day before any Distribution Date, the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such Business Day as a claim for an Insured Amount. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a). In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 3 contracts

Samples: Custodial Agreement (Lehman XS Trust 2007-10h), Trust Agreement (Lehman XS Trust 2007-14h), Custodial Agreement (Lehman XS Trust 2007-10h)

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The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured Amount. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Guaranteed Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Guaranteed Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Guaranteed Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 3 contracts

Samples: Custodial Agreement (Structured Asset Securities Corp. Mortgage Loan Trust 2005-7xs), Custodial Agreement (Structured Asset Securities Corp. 2005-9xs), Trust Agreement (Lehman XS Trust, Series 2005-4)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount Payment and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class A5 Certificate or Class A6 Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agentFiscal Agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Class A5 Certificates or Class A 6 Certificates, as applicable, so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agentFiscal Agent, if any, its records listing the payments on the affected Insured Class A5 Certificates or Class A6 Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Securities Corp Mo Pa Th Ce Ser 2003-25xs), Trust Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 28xs)

The Certificate Insurance Policy. (a) If, on the Business Day before any Distribution Date, the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such Business Day as a claim for an Insured Amount. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Guaranteed Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Guaranteed Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Guaranteed Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Lehman XS Trust Series 2007-7n), Reconstituted Servicing Agreement (Lehman XS Trust Series 2007-15n)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount Payment and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class 1-A3A, Class 1-A5B or Class 1-A6 Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Certificates Class 1-A3A, Class 1-A5B or Class 1-A6 Certificates, as applicable, so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class 1-A3A, Class 1-A5B or Class 1-A6 Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs)

The Certificate Insurance Policy. (a) If, on The Trustee hereby appoints the Business Day before any Distribution Date, Securities Administrator as its agent in connection with the Trustee determines that an Insured Amount is receipt and distribution of all amounts required to be made paid by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to under the Certificate Insurance Policy and submitting such Notice the providing of Nonpayment by 12:00 noon, New York City time on such Business Day as a claim for an Insured Amountany notices required to be provided thereunder. The Trustee’s responsibility Securities Administrator shall establish a separate non-interest bearing trust account which shall be an Eligible Account for delivering a Notice the benefit of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject to the availability, timeliness and accuracy Holders of the information provided to it by the Master Servicer in accordance with Section 4.03(a). In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify Class A-1 Certificates and the Certificate Insurer in writing, referred to herein as appropriate, the "Policy Payment Account" over which the Securities Administrator shall have exclusive control and the fiscal agent, if any, and the Trustee sole right of withdrawal. The Securities Administrator shall make a claim on deposit upon receipt any amount paid under the Certificate Insurance Policy in accordance with the provisions thereof Policy Payment Account and distribute such amount only for purposes of payment to obtain payment by the Certificate Insurer Class A-1 Certificates of the Policy Payment for which a claim was made and 126 such voided scheduled payment. In additionamount may not be applied to satisfy any costs, expenses or liabilities of the Master Servicer, the Trustee shall mail notice or the Trust Fund or to all Holders pay any other Class of the Insured Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of Certificates. Amounts paid under the Certificate Insurance Policy, a copy of which to the extent needed to pay any Class A-1 Certificate Deficiency Amount, shall be transferred to the Distribution Account on the related Distribution Date, and the portion thereof representing the Class A-1 Certificate Deficiency Amount shall be disbursed by the Securities Administrator to the Class A-1 Certificateholders, in each case as if it were a distribution to the Holders of such Certificates pursuant to Section 5.01. It shall not be necessary for such payments to be made by checks or wire transfers separate from the checks or wire transfers used to pay other distributions to the Class A-1 Certificateholders, as applicable, with other funds available to make such payment. However, the amount of any payment of principal or of interest on the Class A-1 Certificates to be paid from funds transferred from the Policy Payment Account shall be noted as provided in paragraph (d) below and in the statement to be furnished to Holders by of such Class of Certificates pursuant to Section 5.02. Funds held in the TrusteePolicy Payment Account shall not be invested. The Trustee Any funds remaining in the Policy Payment Account on the first Business Day following a Distribution Date shall furnish be returned to the Certificate Insurer and pursuant to the appropriate fiscal agent, if any, its records listing written instructions of the payments on the affected Insured Certificates, if any, that have been made Certificate Insurer by the Trustee and subsequently recovered from the affected Holders, and the dates on which end of such payments were made by the TrusteeBusiness Day.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Series HE2)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount Payment and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Certificate the Class WF-3-1, Class WF-4-1 and Class WF-6-1 Certificates has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, writing and the fiscal agent, if any, and the Trustee shall shall, on behalf of the Trust and the Class WF-3-1, Class WF-4-1 and Class WF-6-1 Certificateholders, make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Class WF-3-1, Class WF-4-1 and Class WF-6-1 Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class WF-3-1, Class WF-4-1 and Class WF-6-1 Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2006-17)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured Amount. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class A5B Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Class A5B Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class A5B Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2004 6xs)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee Securities Administrator determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Trustee Securities Administrator shall determine the amount of any such Insured Amount Payment and shall give written notice to shall, on behalf of the Certificate Insurer by completing Trustee, prepare a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting furnish such Notice of Nonpayment to the Trustee by 10:00 a.m. New York City time on such second Business Day. The Trustee shall execute such Notice of Nonpayment and submit such Notice of Nonpayment to the Certificate Insurer by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the Notice of Nonpayment and information therein provided to it by the Master Servicer in accordance with Section 4.03(a)Securities Administrator. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class 3-A3 Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Class 3-A3 Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class 3-A3 Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Custodial Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc10)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee Securities Administrator determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Securities Administrator shall notify the Trustee on such Business Day and shall determine the amount of any such Insured Amount Payment and shall give written notice to shall, on behalf of the Certificate Insurer by completing Trustee, prepare a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting furnish such Notice of Nonpayment to the Trustee by 10:00 a.m. New York City time on such second Business Day. The Trustee shall execute such Notice of Nonpayment and submit such Notice of Nonpayment to the Certificate Insurer by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the Notice of Nonpayment and information therein provided to it by the Securities Administrator in sole reliance upon the availability, timeliness and accuracy of information required to be provided hereunder by the Master Servicer in accordance with Section 4.03(a)to the Securities Administrator. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class A2 Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Class A2 Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class A2 Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Custodial Agreement (Amortizing Residential Collateral Trust, Series 2004-1)

The Certificate Insurance Policy. (a) If, on the Business Day before any Distribution Date, the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such Business Day as a claim for an Insured Amount. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Custodial Agreement (Lehman XS Trust 2007-6)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount Payment and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Certificate the Class A Certificates has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, writing and the fiscal agent, if any, and the Trustee shall shall, on behalf of the Trust and the Class A Certificateholders, make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Class A Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class A Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Morgan Stanley Mortgage Loan Trust 2007-9sl)

The Certificate Insurance Policy. (a) If, on a)The Trustee hereby appoints the Business Day before any Distribution Date, Securities Administrator as its agent in connection with the Trustee determines that an Insured Amount is receipt and distribution of all amounts required to be made paid by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to under the Certificate Insurance Policy and submitting such Notice the providing of Nonpayment by 12:00 noon, New York City time on such Business Day as a claim for an Insured Amountany notices required to be provided thereunder. The Trustee’s responsibility Securities Administrator shall establish a separate non-interest bearing trust account which shall be an Eligible Account for delivering a Notice the benefit of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject to the availability, timeliness and accuracy Holders of the information provided to it by the Master Servicer in accordance with Section 4.03(a). In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify Class A-1B Certificates and the Certificate Insurer in writing, referred to herein as appropriate, the "Policy Payment Account" over which the Securities Administrator shall have exclusive control and the fiscal agent, if any, and the Trustee sole right of withdrawal. The Securities Administrator shall make a claim on deposit upon receipt any amount paid under the Certificate Insurance Policy in accordance with the provisions thereof Policy Payment Account and distribute such amount only for purposes of payment to obtain payment by the Certificate Insurer Class A-1B Certificates of the Policy Payment for which a claim was made and such voided scheduled payment. In additionamount may not be applied to satisfy any costs, expenses or liabilities of the Master Servicer, the Trustee shall mail notice or the Trust Fund or to all Holders pay any other Class of the Insured Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of Certificates. Amounts paid under the Certificate Insurance Policy, a copy of which to the extent needed to pay any Class A-1B Certificate Deficiency Amount, shall be transferred to the Distribution Account on the related Distribution Date, and the portion thereof representing the Class A-1B Certificate Deficiency Amount shall be disbursed by the Securities Administrator to the Class A-1B Certificateholders, in each case as if it were a distribution to the Holders of such Certificates pursuant to Section 5.01. It shall not be necessary for such payments to be made by checks or wire transfers separate from the checks or wire transfers used to pay other distributions to the Class A-1B Certificateholders, as applicable, with other funds available to make such payment. However, the amount of any payment of principal or of interest on the Class A-1B Certificates to be paid from funds transferred from the Policy Payment Account shall be noted as provided in paragraph (d) below and in the statement to be furnished to Holders by of such Class of Certificates pursuant to Section 5.02. Funds held in the TrusteePolicy Payment Account shall not be invested. The Trustee Any funds remaining in the Policy Payment Account on the first Business Day following a Distribution Date shall furnish be returned to the Certificate Insurer and pursuant to the appropriate fiscal agent, if any, its records listing written instructions of the payments on the affected Insured Certificates, if any, that have been made Certificate Insurer by the Trustee and subsequently recovered from the affected Holders, and the dates on which end of such payments were made by the TrusteeBusiness Day.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Rm1)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee Securities Administrator determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Trustee Securities Administrator shall determine the amount of any such Insured Amount Payment and shall give written notice to shall, on behalf of the Certificate Insurer by completing Trustee, prepare a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting furnish such Notice of Nonpayment to the Trustee by 10:00 a.m. New York City time on such second Business Day. The Trustee shall execute such Notice of Nonpayment and submit such Notice of Nonpayment to the Certificate Insurer by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the Notice of Nonpayment and information therein provided to it by the Master Servicer in accordance with Section 4.03(a)Securities Administrator. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class 3-A2 Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Class 3-A2 Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class 3-A2 Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc8)

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The Certificate Insurance Policy. (a) If, on the Business Day before any Distribution Date, the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such Business Day as a claim for an Insured Amount. The Trustee’s 's responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Guaranteed Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Guaranteed Certificates so affected that, in the event that any such Holder’s 's scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Guaranteed Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Lehman Xs Trust Series 2006-2n)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount Payment and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class 2-A3A Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, writing and the fiscal agent, if any, and the Trustee shall shall, on behalf of the Trust and the Class 2-A3A Certificateholders, make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Class 2-A3A Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class 2-A3A Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2005-2)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured Amount. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class 1-A6 Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Class 1-A6 Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class 1-A6 Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 04 4xs)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount Payment and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class 1-A2B, Class 1-A3B, Class 1-A5 or Class 1-A6 Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Certificates Class 1-A2B, Class 1-A3B, Class 1-A5 or Class 1-A6 Certificates, as applicable, so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class 1-A2B, Class 1-A3B, Class 1-A5 or Class 1-A6 Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-9xs)

The Certificate Insurance Policy. (a) If, on the Business Day before any Distribution Date, If the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such prior to the third Business Day before the related Distribution Date as a claim for an Insured Amount. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Guaranteed Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Guaranteed Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Guaranteed Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2007-16n)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee Securities Administrator determines that an Insured Amount Payment is required to be made by the Certificate Insurer on such Distribution Date, the Trustee Securities Administrator shall determine the amount of any such Insured Amount Payment and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured AmountPayment. The TrusteeSecurities Administrator’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee Securities Administrator receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class A3B or Class A4B Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee Securities Administrator shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Securities Administrator shall, on behalf of the Trustee shall and the Class A3B and Class A4B Certificateholders, make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee Securities Administrator shall mail notice to all Holders of the Insured Certificates Class A3B or Class A4B Certificates, as applicable, so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the TrusteeSecurities Administrator. The Trustee Securities Administrator shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class A3B or Class A4B Certificates, if any, that have been made by the Trustee Securities Administrator and subsequently recovered from the affected Holders, and the dates on which such payments were made by the TrusteeSecurities Administrator.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-16xs)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured Amount. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Guaranteed Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Certificates so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp)

The Certificate Insurance Policy. (a) If, on the second Business Day before any Distribution Date, the Trustee determines that an Insured Amount is required to be made by the Certificate Insurer on such Distribution Date, the Trustee shall determine the amount of any such Insured Amount and shall give written notice to the Certificate Insurer by completing a Notice of Nonpayment in the form of Exhibit A to the Certificate Insurance Policy and submitting such Notice of Nonpayment by 12:00 noon, New York City time on such second Business Day as a claim for an Insured Amount. The Trustee’s responsibility for delivering a Notice of Nonpayment to the Certificate Insurer, as provided in the preceding sentence, is subject limited to the availability, timeliness and accuracy of the information provided to it by the Master Servicer in accordance with Section 4.03(a)Servicer. In the event the Trustee receives a certified copy of an order of the appropriate court that any scheduled payment of principal or interest on a Insured Class A3A or Class A4A Certificate has been voided in whole or in part as a preference payment under applicable bankruptcy law, the Trustee shall promptly notify the Certificate Insurer in writing, as appropriate, and the fiscal agent, if any, and the Trustee shall make a claim on the Certificate Insurance Policy in accordance with the provisions thereof to obtain payment by the Certificate Insurer of such voided scheduled payment. In addition, the Trustee shall mail notice to all Holders of the Insured Certificates Class A3A or Class A4A Certificates, as applicable, so affected that, in the event that any such Holder’s scheduled payment is so recovered, such Holder will be entitled to payment pursuant to the terms of the Certificate Insurance Policy, a copy of which shall be made available to such Holders by the Trustee. The Trustee shall furnish to the Certificate Insurer and the appropriate fiscal agent, if any, its records listing the payments on the affected Insured Class A3A and Class A4A Certificates, if any, that have been made by the Trustee and subsequently recovered from the affected Holders, and the dates on which such payments were made by the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-17xs)

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