and one pool definition
and one pool of multifamily mortgage loans (the "Pool III Multifamily Loans"), amounts to be deposited in the Pre-Funding Account and certain related properties. The Pool I Home Equity Loans, Pool II Home Equity Loans and Pool III Multifamily Loans are referred to herein collectively as the "Loans". Simultaneously with the issuance and delivery of the Class A Certificates as contemplated herein, the Company, on behalf of the Originators, will cause to be issued under the Pooling and Servicing Agreement certificates entitled "The Money Store Home Equity Asset Backed Certificates, Series 1997-B, Class R-1 and Class R-2" (the "Class R Certificates"), and "The Money Store Home Equity Asset Backed Certificates, Series 1997-B, Class X" (the "Class X Certificates" and, together with the Class A Certificates and Class R Certificates, the "Certificates"). The Certificates will evidence fractional interests in the Trust Fund. The Class R Certificates and Class X Certificates will be retained by the Company and TMS Special Holdings, Inc. and are not being delivered to the Underwriters hereunder. On or prior to the date of issuance of the Certificates, the Company will obtain from MBIA Insurance Corporation ("MBIA") certificate guaranty insurance policies (the "MBIA Policies") on behalf of the Trustee for the benefit of the holders of the Class A Certificates. An election will be made to treat certain assets of the Trust Fund as a real estate mortgage investment conduit ("REMIC") within the meaning of Section 860D of the Internal Revenue Code of 1986, as amended (the "Code"). Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed thereto in the Pooling and Servicing Agreement. Prior to the delivery of the Class A Certificates by the Company, on behalf of the Originators, and the public offering thereof by the Underwriters, the Company and the Representatives, as representatives of the Underwriters, shall enter into an agreement substantially in the form of Exhibit A hereto (the "Pricing Agreement"). The Pricing Agreement shall be between the Company and the Representatives, as representatives of the Underwriters, and shall specify such applicable information as is indicated in, and be in substantially the form of, Exhibit A hereto. The offering of the Class A Certificates will be governed by this Agreement, as supplemented by the Pricing Agreement. From and after the date of the execution and delivery of the Pricing Agreement, this Agreement ...