Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date. (b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates. (c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date. (d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss. (e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Sequoia Residential Funding Inc), Pooling and Servicing Agreement (Sequoia Residential Funding Inc), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-4)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect Realized Losses will be allocated to the total amount Class A, Class M-1, Class M-2, Class M-3, Class B-1, Class B-2 and Class B-3 Certificates, in the following order of priority:
(i) to the Class B-3 Certificates, until the Current Principal Amount thereof has been reduced to zero;
(ii) to the Class B-2 Certificates, until the Current Principal Amount thereof has been reduced to zero;
(iii) to the Class B-1 Certificates, until the Current Principal Amount thereof has been reduced to zero;
(iv) to the Class M-3 Certificates, until the Current Principal Amount thereof has been reduced to zero;
(v) to the Class M-2 Certificates, until the Current Principal Amount thereof has been reduced to zero;
(vi) to the Class M-1 Certificates, until the Current Principal Amount thereof has been reduced to zero; and
(vii) to the Class A Certificates, until the Current Principal Amount thereof has been reduced to zero.
(b) Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a Distribution Date to any Class of Certificates to the extent that such allocation would result in the reduction of the aggregate Current Principal Amounts of all the Certificates as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses experienced on such date, to an amount less than the aggregate Scheduled Principal Balance of all of the Mortgage Loans for as of the first day of the month of such Distribution Date (such limitation, the "Loss Allocation Limitation").
(c) Any Realized Losses allocated to a Class of Certificates shall be allocated among the Certificates of such Class in proportion to their respective Current Principal Amounts. Any allocation of Realized Losses shall be accomplished by reducing the Current Principal Amount of the related Certificates on the related Distribution Date.
(bd) Realized Losses shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to distributions made on such Distribution Date.
(e) On each Distribution Date, the principal portion Trustee shall determine the Subordinate Certificate Writedown Amount based solely on the information received from the Master Servicer. Any such Subordinate Certificate Writedown Amount shall effect a corresponding reduction in the Current Principal Amount of Realized Losses shall be allocated as follows: firstthe Current Principal Amounts of the Subordinate Certificates, to in the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with designations, and then the Class B-6 Certificates and ending with the Class B-1 Senior Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis)based on their respective Current Principal Amounts, in each case, until the Class Principal Amount of which reduction shall occur on such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal distributions made on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(bi) On With respect to Aggregate Pool A, on each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Aggregate Pool A Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the related Class B-6 of Aggregate Pool A Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool in Aggregate Pool A which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided that any Realized Losses (other than Excess Losses) in (a) Pool 2 otherwise allocable to the Class 2-A-1, Class 2-A-2, Class 2-A-3 and Class 2-A-4 Certificates shall be allocated to the Class 2-A-5 Certificates, until its Class Principal Amount is reduced to zero; (b) Pool 3 otherwise allocable to the Class 3-A-1 Certificates shall be allocated to the Class 3-A-2 Certificates, until its Class Principal Amount is reduced to zero; (c) Pool 4 otherwise allocable to the Class 4-A-1 Certificates shall be allocated to the Class 4-A-2 Certificates, until its Class Principal Amount is reduced to zero; and (d) Pool 5 otherwise allocable to the Class 5-A-1 shall be allocated to the Class 5-A-2 Certificates, until its Class Principal Amount is reduced to zero;
(ii) with respect to Pool 1, on each Distribution Date, Applied Loss Amounts shall be allocated as follows: first, to the Class 1-B-2 Certificates, until the Class Principal Amount of such Class is reduced to zero; second, to the Class 1-B-1 Certificates, until the Class Principal Amount of such Class is reduced to zero; third, to the Class 1-M-2 Certificates, until the Class Principal Amount of such Class is reduced to zero; fourth, to the Class 1-M-1 Certificates, until the Class Principal Amount of such Class is reduced to zero; fifth, to the Group 1 Senior Certificates, pro rata, based on Class Principal Amount, until the Class Principal Amount of such Class is reduced to zero; provided, however, that the amount of Realized Losses calculated above any Applied Loss Amounts that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will other wise be allocated to the Class 1-A2 CertificatesA-1, in reduction of the Class Principal Amount thereof1-A-2, until the Class Principal Amount of 1-A-3 and Class 1-A-4 Certificates shall instead be allocated to the Class 1-A2 Certificates has been A-5 Certificates, until its Class Principal Amount is reduced to zero.
(c) On each Distribution Date, before reducing with respect to Aggregate Pool A, any Excess Losses on the Mortgage Loans in a Mortgage Pool in Aggregate Pool A shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Aggregate Pool A Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amount Amounts and, with respect to each Class of Aggregate Pool A Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class 1-A1 Certificatesrelating to the Mortgage Pool in Aggregate Pool A in which such Excess Losses occurs; provided, furtherhowever, that on any Distribution Date after the amount third Senior Termination Date, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Aggregate Pool A Senior Certificates and Aggregate Pool A Subordinate Certificates on the basis of Realized Losses calculated above that would otherwise reduce the their respective Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 CertificatesAmounts; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that after the amount Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to all Aggregate Pool A Senior Certificates, on the basis of Realized Losses calculated above that would otherwise reduce the their respective Class Principal Amount of Amounts immediately prior to the Class 5-A1 Certificates will first reduce related Distribution Date, until the respective Class Principal Amount Amounts of the each such Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been are reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Aggregate Pool A Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of such Liquidated Mortgage Loan, but in each case by not more than, with respect to the Aggregate Pool A Certificates, the amount of Realized Losses previously allocated to that has been reduced due Class of Certificates pursuant to application of a this Section 5.03 or, with respect to the Group 1 Certificates, the Unpaid Realized Loss Amount. Holders of such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata, based on the Principal Amount of the Certificates of such Class.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A2), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A2)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class III-A-1 Certificates will instead be borne first by the Class III-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class III-A-2 Certificates), and not by the Class III-A-1 Certificates, for so long as the Class Certificate Balance of the Class III-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized “Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation”).
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Distribution DateThe Group 1, Class 1-P and Group D-B Certificates. Realized Losses on the Master Servicer shall aggregate the information provided by each Servicer Group 1 Mortgage Loans with respect to any Distribution Date shall be allocated by the total amount Trust Administrator to the Classes of Group 1, Class 1-P and Group D-B Certificates as follows:
(i) any Realized Loss on a Group 1 Mortgage Loan, shall be allocated first, to the Group D-B Certificates in decreasing order of their alphanumerical Class designations (beginning with the Class D-B-6 Certificates), until the respective Class Principal Balance of each such Class is reduced to zero, and second, to the Group 1 Certificates (other than the Class 1-P and Interest Only Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class 1-P Certificates and the remainder of the loss will be allocated as described above); provided, however, that (A) after the Class Principal Balance of the Class 1-A-4 Certificates is reduced to zero, Realized Losses experienced on which would otherwise be allocated to the Mortgage Loans for Class 1-A-1 Certificates, will instead be allocated to the related Distribution DateClass 1-A-2 Certificates, until the Class Principal Balance of the Class 1-A-2 Certificates is reduced to zero and (B) Realized Losses which would otherwise be allocated to the Class 1-A-1 or Class 1-A-2 Certificates, will instead be allocated to the Class 1-A-4 Certificates, until the Class Principal Balance of the Class 1-A-4 Certificates is reduced to zero.
(b) On each Distribution Date, if the aggregate Class Principal Balance of all the Group 1, Class 1-P and Group D-B Certificates exceeds the sum of (x) the aggregate Stated Principal Balance of the Group 1 Mortgage Loans and (y) the amount, if any, on deposit in the Prefunding Account related to Loan Group 1 (after giving effect to distributions of principal portion and the allocation of Realized Losses all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group D-B Certificates then outstanding, in reduction of its Class Principal Balance.
(c) The Group 2, Group 3, Class 2-P, Class 3-P and Group C-B Certificates. Realized Losses on the Group 2 and Group 3 Mortgage Loans with respect to any Distribution Date shall be allocated by the Trust Administrator to the Classes of Group 2, Group 3, Class 2-P, Class 3-P and Group C-B Certificates as follows: :
(i) except as provided in the parenthetical below, any Realized Loss on a Group 2 or Group 3 Mortgage Loan shall be allocated first, to the Classes of Subordinate Group C-B Certificates in reverse decreasing order of their respective numerical alphanumerical Class designations (beginning with the Class C-B-6 Certificates and ending with the Class B-1 Certificates) ), until the respective Class Principal Amount Balance of each such Class is reduced to zero; , and second, to each Class of the Senior Certificates relating (other than the Class 2-P, Class 3-P and Interest Only Certificates) related to such Loan Group, pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Mortgage Pool which sustained such Class 2-P and Class 3-P Certificates, as applicable, and the remainder of the loss (will be allocated among the related Senior Certificates on a pro rata basisas described above), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce (A) after the Class Principal Amount Balance of the Class 12-A1 A-3 Certificates will is reduced to zero, Realized Losses which would otherwise be allocated to the Class 12-A2 A-1 Certificates, in reduction of will instead be allocated to the Class Principal Amount thereof2-A-2 Certificates, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount Balance of the Class 2-A1 A-2 Certificates is reduced to zero, (B) Realized Losses which would otherwise be allocated to the Class 2-A-1 or Class 2-A-2 Certificates, will first reduce instead be allocated to the Class 2-A-3 Certificates, until the Class Principal Amount Balance of the Class 2-A2 A-3 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been is reduced to zero, before reducing (C) after the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount Balance of the Class 3-A1 A-3 Certificates is reduced to zero, Realized Losses which would otherwise be allocated to the Class 3-A-1 Certificates, will first reduce instead be allocated to the Class 3-A-2 Certificates, until the Class Principal Amount Balance of the Class 3-A2 A-2 Certificates is reduced to zero and (D) Realized Losses which would otherwise be allocated to the Class 3-A-1 or Class 3-A-2 Certificates, will instead be allocated to the Class 3-A-3 Certificates, until the Class Principal Amount Balance of the Class 3-A2 A-3 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, if the aggregate Class Principal Amount Balance of all Group 2, Group 3, Class 2-P, Class 3-P and Group C-B Certificates exceeds the sum of (x) the aggregate Stated Principal Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates Group C-B Mortgage Loans (after giving effect to the distribution distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), and (y) exceeds the Aggregate Stated Principal Balance for amount, if any, on deposit in the following Prefunding Account on such Distribution Date.
(d) Any allocation of Date related to Loan Group 2 and Loan Group 3, such excess will be deemed a principal loss pursuant and shall be allocated by the Trust Administrator to this section to a the most junior Class of Group C-B Certificates shall be achieved by reducing the then outstanding, in reduction of its Class Principal Amount thereof by the amount of such lossBalance.
(e) Subsequent Recoveries Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in respect the Certificate Balance of the Mortgage Loans a Certificate pursuant to this Section 4.02 shall be distributed to accomplished by reducing its Certificate Balance, immediately following the Certificates still outstanding, distributions made on the related Distribution Date in accordance with Section 5.02, and the Class Principal Amount definition of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery“Certificate Balance.”
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7)
Allocation of Losses. (a) On or prior to each Distribution Determination Date, the Master Servicer shall aggregate determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month, based on information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution DateServicer.
(b) On each With respect to any Certificates on any Distribution Date, the principal portion of each Realized Losses Loss on a Group 1 Mortgage Loan shall be allocated as follows: first, to the Classes of Subordinate Class I-B-6 Certificates in reverse order of their respective numerical Class designations (beginning with until the Current Principal Amount thereof has been reduced to zero; second, to the Class B-6 I-B-5 Certificates and ending with until the Current Principal Amount thereof has been reduced to zero; third, to the Class B-1 Certificates) I-B-4 Certificates until the Class Current Principal Amount of each such thereof has been reduced to zero; fourth, to the Class is I-B-3 Certificates until the Current Principal Amount thereof has been reduced to zero; fifth, to the Class I-B-2 Certificates until the Current Principal Amount thereof has been reduced to zero; sixth, to the Class I-B-1 Certificates until the Current Principal Amount thereof has been reduced to zero; and secondseventh, to each Class of the Group 1 Senior Certificates relating to (other than the Mortgage Pool which sustained such loss (allocated among the related Senior Class I-X-1 Certificates and Class I-X-2 Certificates), on a pro rata basis).
(c) With respect to any Certificates on any Distribution Date, in the principal portion of each caseRealized Loss on a Group 2 Mortgage Loan shall be allocated as follows: first, to the Class II-B-6 Certificates until the Class Current Principal Amount of such Class of Senior Certificates is thereof has been reduced to zero; providedsecond, howeverto the Class II-B-5 Certificates until the Current Principal Amount thereof has been reduced to zero; third, to the Class II-B-4 Certificates until the Current Principal Amount thereof has been reduced to zero; fourth, to the Class II-B-3 Certificates until the Current Principal Amount thereof has been reduced to zero; fifth, to the Class II-B-2 Certificates until the Current Principal Amount thereof has been reduced to zero; sixth, to the Class II-B-1 Certificates until the Current Principal Amount thereof has been reduced to zero; seventh, to the Class II-A-3 Certificates until the Current Principal Amount thereof has been reduced to zero; and eighth, to the Group 2 Senior Certificates (other than the Class II-X-1 Certificates), on a pro rata basis.
(d) Notwithstanding the foregoing clauses (b) and (c), no such allocation of any Realized Loss shall be made on a Distribution Date to any Class of Certificates to the extent that such allocation would result in the amount reduction of the aggregate Current Principal Amounts of all the Certificates as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses calculated above that would otherwise reduce on such date, to an amount less than the Class aggregate Scheduled Principal Amount Balance of all of the Class 1Mortgage Loans as of the first day of the month of such Distribution Date (such limitation, the "Loss Allocation Limitation").
(e) Notwithstanding the foregoing clauses (b) and (c), any Special Hazard Loss allocable to the Group 1 Senior Certificates or Group 2 Senior Certificates pursuant to clauses (b) or (c) above after the Group 1 Cross-A1 Certificates will Over Date or Group 2 Cross-Over Date, respectively, shall be allocated to such Senior Certificates and the most subordinate Class 1-A2 or Classes of Group 2 Subordinate Certificates and Group 1 Subordinate Certificates, respectively, on a pro rata basis, based on the Current Principal Amounts of such Certificates, in reduction of the Class Current Principal Amount thereof, Amounts thereof until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing with any such loss allocable to such Subordinate Certificates allocated in the Class Principal Amount of the Class 1-A1 Certificates; providedorder described in clause (b) or (c) above, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificatesas applicable.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(df) Any allocation of a loss pursuant to this section Realized Losses allocated to a Class of Certificates shall be achieved allocated among the Certificates of such Class in proportion to their respective Current Principal Amounts. Any allocation of Realized Losses shall be accomplished by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Current Principal Amount of each Class of the related Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by on the amount of such Subsequent Recoveryrelated Distribution Date.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Bear Stearns Arm Trust 2002-12), Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Bear Stearns Arm Trust 2002-12)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates (other than the Notional Amount Certificates) relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of (i) any Realized Losses calculated above that would (other than Excess Losses) in Pool 1 otherwise reduce the Class Principal Amount of allocable to the Class 1-A1 A-1 Certificates will shall be allocated to the Class 1-A2 A-2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 A-2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of (ii) any Realized Losses calculated above that would (other than Excess Losses) in Pool 2 otherwise reduce the Class Principal Amount of allocable to the Class 2-A1 A-1 Certificates will first reduce the Class Principal Amount of shall be allocated to the Class 2-A2 Certificates A-3 Certificates, until the Class Principal Amount of the Class 2-A2 A-3 Certificates has been is reduced to zero, before reducing and (iii) any Realized Losses (other than Excess Losses) in Pool 4 otherwise allocable to the Class Principal Amount of 4-A-2 and Class 4-A-4 Certificates shall be allocated to the Class 24-A1 A-3 and Class 4-A-5 Certificates; provided, furtherrespectively, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount Amounts of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the A-3 and Class 4-A2 A-5 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been are reduced to zero;
(c) On each Distribution Date, before reducing any Excess Losses on the Mortgage Loans in a Mortgage Pool shall be allocated to the Classes of Senior Certificates of the related Certificate Group (other than the Notional Amount Certificates) and the Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amount Amounts and, with respect to each Class of Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class 4-A1 relating to the Mortgage Pool in which such Excess Losses occurs; provided, however, on any Distribution Date after the fourth Senior Termination Date for a Certificate Group, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Senior Certificates and Subordinate Certificates on the basis of their respective Class Principal Amounts; and provided, further, that after the amount Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to all Senior Certificates (other than the Notional Amount Certificates) regardless of Realized Losses calculated above that would otherwise reduce Certificate Group on the basis of their respective Class Principal Amount of Amounts immediately prior to the Class 5-A1 Certificates will first reduce related Distribution Date, until the respective Class Principal Amount Amounts of the each such Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been are reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date (such amount for any Distribution Date, the "Subordinate Certificate Write-down Amount").
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced due Class of Certificates pursuant to application this Section 5.03. Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Principal Amount of each Certificate of such Class.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (J P Morgan Acceptance Corp I), Pooling and Servicing Agreement (J P Morgan Acceptance Corp I)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class IV-A-1 Certificates will instead be borne first by the Class IV-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class IV-A-2 Certificates), and not by the Class IV-A-1 Certificates, for so long as the Class Certificate Balance of the Class IV-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances, each in the case of the Senior Certificates, or Apportioned Principal Balances, in the case of the Subordinated Certificates.
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized “Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation”).
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Fund America Investors Corp Ii), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall calculate the aggregate Realized Losses for such Distribution Date based on the information provided by each Servicer with respect to losses as reported to it by the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution DateServicer.
(b) On each Distribution Date, the Securities Administrator shall allocate the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 B-5 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each the Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a A-1 and Class A-2 Certificates, pro rata basis), in each caseaccordance with their respective Class Principal Amounts, until the their respective Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has Amounts have been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation lowest payment priority shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), Amount and if any, by which the aggregate of no Subordinate Certificates are then outstanding the Class Principal Amounts of all outstanding Classes of the Class A-1 and Class A-2 Certificates (after giving effect to shall be reduced by the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Certificate Writedown Amount, pro rata in accordance with their respective Class Principal Balance for the following Distribution DateAmounts.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Certificate Writedown Amount or Realized Loss will be increased, pro rata in accordance with their respective Class Principal Amounts in the case of the Class A-1 and Class A-2 Certificates and sequentially in order of seniorityseniority in the case of the Subordinate Certificates, by the lesser of (i) the amount of such Subsequent RecoveryRecovery (reduced by any amounts applied for this purpose to more senior-ranking Certificates) and (ii) the Realized Loss amount previously allocated to such Class.
(f) Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower Tier REMIC Interest and shall reduce the Class Principal Amount of such Lower Tier REMIC Interest to the same extent that the Class Principal Amount of such Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to the provisions of subsection 5.03(e) shall be deemed to have been distributed to the corresponding Lower Tier REMIC Interest. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of Subsequent Recoveries pursuant to the provisions of subsection 5.03(e), the principal balance of the corresponding Lower Tier REMIC Interest shall be increased by the same amount.
(g) Any Class of Certificates or Lower-Tier Interest whose Class Principal Amount has been reduced to zero due to the allocation of Realized Losses will nonetheless remain outstanding under this Agreement and will continue to be entitled to receive Subsequent Recoveries until the termination of the Trust Fund; provided, however, that no such Class of Certificates will have voting rights with respect to matters under this Agreement requiring or permitting actions to be taken by any Certificateholders.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-6), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-6)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer aggregate Class Principal Amount of the Group 1 Certificates and the Class M1, Class M2, Class M3 and Class M4 Certificates shall aggregate be reduced by the information provided by each Servicer with respect amount of any Pool 1 Applied Loss Amount for such date, in the following order of priority:
(i) to the total amount Class M4 Certificates, until the Class Principal Amount of Realized Losses experienced such Class has been reduced to zero;
(ii) to the Class M3 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iii) to the Class M2 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Class M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero; and
(v) to the Group 1 Certificates, pro rata, based on their respective Class Principal Amounts, until their respective Class Principal Amounts have been reduced to zero; provided, however, that (a) any Applied Loss Amounts otherwise allocable to the Mortgage Loans for Class 1-A2B Certificates shall first be allocated to the related Distribution DateClass 1-A2C Certificates, until the Class Principal Amount of the Class 1-A2C Certificates has been reduced to zero and (b) any Applied Loss Amounts otherwise allocable to the Class 1-A3B Certificates shall first be allocated to the Class 1-A3C Certificates, until the Class Principal Amount of the Class 1-A3C Certificates has been reduced to zero.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the aggregate Class Principal Amount of each the Group 2 Certificates and the Class M1, Class M2, Class M3 and Class M4 Certificates shall be reduced by the amount of any Pool 2 Applied Loss Amount for such Class is reduced to zero; and seconddate, to each Class in the following order of Senior Certificates relating priority:
(i) to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each caseClass M4 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(ii) to the Class M3 Certificates, until the Class Principal Amount of Senior Certificates is such Class has been reduced to zero;
(iii) to the Class M2 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Class M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero; and
(v) to the Group 2 Certificates, pro rata, based on their respective Class Principal Amounts, until their respective Class Principal Amounts have been reduced to zero; provided, however, that the amount of Realized Losses calculated above that would any Applied Loss Amounts otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated allocable to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates shall first be allocated to the Class 2-A3 Certificates, until the Class Principal Amount of the Class 2-A2 A3 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Sources: Trust Agreement (Structured Asset Securities Corp. 2005-9xs)
Allocation of Losses. (a) On or prior to each Distribution DateThe Group I, Group III, Group C-B and Class A-P Certificates. Realized Losses on the Master Servicer shall aggregate the information provided by each Servicer Group I and Group III Mortgage Loans with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related any Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses Date shall be allocated by the Trust Administrator to the Classes of Group I, Group III, Group C-B and Class A-P Certificates as follows: :
(i) except as provided in the parenthetical below, any Realized Loss on a Group I or Group III Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Classes of Subordinate Group C-B Certificates in reverse decreasing order of their respective numerical alphanumerical Class designations (beginning with the Class C-B-6 Certificates and ending with the Class B-1 Certificates) ), until the respective Class Principal Amount Balance of each such Class is reduced to zero; , and second, to each Class of the Senior Certificates relating related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Mortgage Pool which sustained such Class A-P Certificates and the remainder for the loss (will be allocated among the related Senior Certificates on a pro rata basisas described above), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of (A) Realized Losses calculated above that which would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1I-A2 Certificates, in reduction of A-15 Certificates will instead be allocated to the Class Principal Amount thereofI-A-16 Certificates, until the Class Principal Amount Balance of the Class 1I-A2 A-16 Certificates has been is reduced to zero, before reducing (B) Realized Losses which would otherwise be allocated to the Class I-A-22 and Class I-A-23 Certificates, up to an amount equal to 45% and 55%, respectively, of the Class Principal Amount Balance of the Class 1I-A1 Certificates; providedA-29 Certificates for such Distribution Date, furtherand up to a maximum of $450,000 and $550,000, that the amount of Realized Losses calculated above that would otherwise reduce respectively, will instead be allocated to the Class Principal Amount of the Class 2I-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates A-29 Certificates, until the Class Principal Amount Balance of the Class 2I-A2 A-29 Certificates has been is reduced to zero, before reducing and (C) Realized Losses which would otherwise be allocated to the Class III-A-1, Class III-A-4, Class III-A-5 and Class III-A-6 Certificates, up to an amount equal to 7.00%, 27.50%, 8.50% and 57.00%, respectively, of the Class Principal Amount Balance of the Class 2III-A1 Certificates; providedA-2 Certificates for such Distribution Date, furtherand up to a maximum of $70,000, that the amount of Realized Losses calculated above that would otherwise reduce $275,000, $85,000 and $570,000, respectively, will instead be allocated to the Class Principal Amount of the Class 3III-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates A-2 Certificates, until the Class Principal Amount Balance of the Class 3III-A2 A-2 Certificates has been is reduced to zero;
(ii) Excess Losses for the Group I and Group III Mortgage Loans will be allocated among all Classes of Group I and Group III Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group C-B Certificates, pro rata, based on their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder of the loss will be allocated as described above).
(b) The Group II and Class A-P Certificates. Realized Losses on the Group II Mortgage Loans with respect to any Distribution Date shall be allocated by the Trust Administrator to the Classes of Group II and Class A-P Certificates as follows:
(i) except as provided in the parenthetical below, any Realized Loss on a Group II Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Group II Subordinate Certificates in decreasing order of their alphanumerical Class designations (beginning with the Class D-B-7 Certificates), until the respective Class Principal Balance of each such Class is reduced to zero, before reducing and second, to the Senior Certificates related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder for the loss will be allocated as described above);
(ii) Excess Losses for the Group II Mortgage Loans will be allocated among all Classes of Group II Certificates (other than the Notional Amount Certificates and the Class P Certificates), pro rata, based on their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates loss will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificatesbe allocated as described above).
(c) On each Distribution Date, if the sum of (i) the aggregate Class Principal Balance of all Group I, Group III and Group C-B Certificates and (ii) the Class P Fraction of each Class P Mortgage Loan in Loan Group I and Loan Group III exceeds the aggregate Stated Principal Amount Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates Group I and Group III Mortgage Loans (after giving effect to the distribution distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group C-B Certificates then outstanding, in reduction of its Class Principal Balance. On each Distribution Date, if the sum of (i) the aggregate Class Principal Balance of all Group II Certificates and (ii) the Class P Fraction of each Class P Mortgage Loan in Loan Group II exceeds the Aggregate aggregate Stated Principal Balance for of the following Group II Mortgage Loans (after giving effect to distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group II Subordinate Certificates then outstanding, in reduction of its Class Principal Balance.
(d) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Balance of a loss Certificate pursuant to this section to a Class of Certificates Section 4.02 shall be achieved accomplished by reducing its Certificate Balance, immediately following the Class Principal Amount thereof by distributions made on the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, related Distribution Date in accordance with Section 5.02, and the Class Principal Amount definition of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery“Certificate Balance.”
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2005-1)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer Securities Administrator shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans or Mortgage Components, as applicable, for the related Distribution Date.
(b) Realized Losses on the Pool 1 Mortgage Loans or, in the case of subparagraph (b)(1)(i), second, below, Mortgage Components in a Group 1 Subgroup with respect to any Distribution Date shall be allocated by the Securities Administrator to the Classes of Group 1 Certificates as follows:
(i) On each Distribution Date, the principal portion of Realized Losses (other than the Class P Fraction of Realized Losses on Class P Mortgage Components) shall be allocated as follows: first, to the Classes of Subordinate Group 1B Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Group 1B Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Class 1A Certificates (other than the Interest-Only and Class 1-A-P Certificates) relating to the Mortgage Pool which sustained Group 1 Subgroup sustaining such loss (allocated among the related Senior Certificates loss, pro rata, based on a pro rata basis), in each caseClass Principal Amount, until the Class Principal Amount of each such Class of Class 1A Certificates is reduced to zero; ;provided, however; Realized Losses which would otherwise be allocated to the Class 1-A-5 Certificates will instead be allocated to the Class 1-A-6 Certificates, until the Class Principal Balance of the Class 1-A-6 Certificates is reduced to zero;
(ii) On each Distribution Date, the applicable Class P Fraction of any Realized Loss, including any Excess Losses will be allocated to the Class 1-A-P Certificates, until the Class Principal Amount of such Class is reduced to zero.
(2) On each Distribution Date, any Excess Losses on the Mortgage Components in a Group 1 Subgroup shall be allocated to the Classes of Class 1A Certificates relating to the Group 1 Certificate sustaining such loss (other than the Interest-Only and Principal-Only Certificates) and the Group 1B Certificates then outstanding, pro rata, on the basis of, with respect to such Class 1A Certificates, their respective Class Principal Amounts and, with respect to each Class of Group 1B Certificates, the applicable Apportioned Principal Balance for each such Class relating to the Group 1 Subgroup in which such Realized Losses occurs.
(c) Realized Losses on the Pool 2 and Pool 3 Mortgage Loans or, in the case of subparagraph (c)(1)(i) second, below, Mortgage Components in a Group 2 Subgroup with respect to any Distribution Date shall be allocated by the Securities Administrator to the Classes of Class 2A, Class 3A and Group 2B Certificates as follows:
(i) On each Distribution Date, the principal portion of Realized Losses (other than the Class P Fraction of Realized Losses on Class P Mortgage Components or Class P Mortgage Loans) shall be allocated as follows: first, to the Classes of Group 2B Certificates in reverse order of their respective numerical Class designations (beginning with the Class of 2B Certificates with the highest numerical Class designation) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Senior Certificates of the related Certificate Group (other than the Interest-Only and Principal-Only Certificates) related to the Group 2 Subgroup or Pool 3 sustaining such loss, pro rata, based on Class Principal Amounts (or, with respect to the Class 2-A-4 Certificates, the lesser of the initial or outstanding Class Principal Amount), until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero;
(ii) On each Distribution Date, the applicable Class P Fraction of any Realized Loss, including any Excess Losses will be allocated to the related Principal-Only Certificates, until the Class Principal Amount of each such Class is reduced to zero.
(d) Realized Losses on the Pool 4, Pool 5 and Pool 6 Mortgage Loans or, in the case of subparagraph (d)(1)(i) second, below, Mortgage Components in a Group 4 Subgroup with respect to any Distribution Date shall be allocated by the Securities Administrator to the Classes of Class 4A, Class 5A, Class 6A and Group 3B Certificates as follows:
(i) On each Distribution Date, the principal portion of Realized Losses (other than the Class P Fraction of Realized Losses on Class P Mortgage Components or Class P Mortgage Loans) shall be allocated as follows: first, to the Classes of Group 2B Certificates in reverse order of their respective numerical Class designations (beginning with the Class of 2B Certificates with the highest numerical Class designation) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Senior Certificates of the related Certificate Group (other than the Interest-Only and Principal-Only Certificates) related to the Group 4 Subgroup or Pool 5 or Pool 6 sustaining such loss, pro rata, based on Class Principal Amounts, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, that the amount of ; Realized Losses calculated above that which would otherwise reduce be allocated to the Class 4-A-1 Certificates will instead be allocated to the Class 4-A-3 Certificates, until the Class Principal Amount Balance of the Class 14-A1 A-3 Certificates is reduced to zero;
(ii) On each Distribution Date, the applicable Class P Fraction of any Realized Loss, including any Excess Losses will be allocated to the Class 1related Principal-A2 Only Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the each such Class 1-A2 Certificates has been is reduced to zero, before reducing .
(e) With respect to the Class Principal Amount 2A, Class 3A and Class 2B Certificates, on each Distribution Date, any Excess Losses on the Mortgage Components or Mortgage Loans in a Mortgage Group shall be allocated to the Classes of related Senior Certificates (other than the Class 1Interest-A1 Only Certificates; provided) and the Group 2B Certificates, furtheras applicable, that then outstanding, pro rata, on the amount of Realized Losses calculated above that would otherwise reduce the basis of, with respect to such Senior Certificates, their respective Class Principal Amount Amounts (or in the case of the Class 2-A1 Certificates will first reduce A-4 Certificates, the lesser of its initial or outstanding Class Principal Amount Amount) and, with respect to each Class of Group 2B Certificates, the applicable Apportioned Principal Balance for each such Class 2-A2 Certificates until relating to the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Mortgage Group in which such Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificatesoccurs.
(cf) With respect to the Class 4A, Class 5A, Class 6A and Class 3B Certificates, on each Distribution Date, any Excess Losses on the Mortgage Components or Mortgage Loans in a Mortgage Group shall be allocated to the Classes of related Senior Certificates (other than the Interest-Only and Principal-Only Certificates) and the Group 3B Certificates, as applicable, then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amounts and, with respect to each Class of Group 3B Certificates, the applicable Apportioned Principal Balance for each such Class relating to the Mortgage Group in which such Realized Losses occurs.
(g) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates Group 1B, Group 2B or Group 3B Certificates, as applicable, then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which (a) with respect to the Group 1B Certificates, the aggregate of the Class Principal Amounts of all outstanding Classes of Group 1 Certificates (after giving effect to the distribution of principal and allocation of Realized Losses on such Distribution Date) exceeds the Aggregate Stated Principal Balance of Pool 1 for the following Distribution Date, (b) with respect to the Group 2B Certificates, the aggregate of the Class Principal Amounts of all outstanding Classes of Class 2A, Class 3A and Group 2B Certificates (after giving effect to the distribution of principal and allocation of Realized Losses on such Distribution Date) exceeds the Aggregate Stated Principal Balance of Pool 2 and Pool 3 in the aggregate for the following Distribution Date and (c) with respect to the Group 3B Certificates, the aggregate of the Class Principal Amounts of all outstanding Classes of Class 4A, Class 5A, Class 6A and Group 3B Certificates (after giving effect to the distribution of principal and allocation of Realized Losses on such Distribution Date) exceeds the Aggregate Stated Principal Balance of Pool 4, Pool 5 and Pool 6 in the aggregate for the following Distribution Date (such amount for any Distribution Date, the “Subordinate Certificate Write-down Amount”).
(dh) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ei) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of the related Liquidated Mortgage Loan, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced due Class of Certificates pursuant to application this Section 5.03. Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Principal Amount of each Certificate of such Class.
(j) Notwithstanding the foregoing, if, on any Distribution Date after the related Credit Support Depletion Date with respect to an Aggregate Pool, a Special Hazard Loss on a Mortgage Loan in that Aggregate Pool is allocated to the related Classes of Senior Certificates, such Special Hazard Loss shall be allocated among such related Classes of Senior Certificates and the outstanding Classes of Subordinate Certificates related to the other Aggregate Pool in reverse order of their respective numerical Class designations (beginning with the Class of Subordinate Certificates with the highest numerical Class designation), pro rata, based on their respective Class Principal Amounts; provided, however, that any such Special Hazard Loss allocated to the Classes of Subordinate Certificates related to the other Aggregate Pool shall not exceed the remaining Special Hazard Loss Coverage Amount for such other Aggregate Pool. Any allocation of a Special Hazard Loss pursuant to Section 5.03(g) shall be achieved through cash flow diversions and entitlements to carry-forward amounts from the non-related Class or Classes of Subordinate Certificates to which such Special Hazard Loss was allocated, to the extent of principal distributions made on such Subordinate Certificates.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2004-S2)
Allocation of Losses. (a) On or prior to each Distribution DateThe Group I, Group II and Group C-B Certificates. Realized Losses on the Master Servicer shall aggregate the information provided by each Servicer Group I and Group II Mortgage Loans with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related any Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses Date shall be allocated by the Trust Administrator to the Classes of Group I, Group II and Group C-B Certificates as follows: :
(i) any Realized Loss on a Group I or Group II Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Classes of Subordinate Group C-B Certificates in reverse decreasing order of their respective numerical alphanumerical Class designations (beginning with the Class C-B-6 Certificates and ending with the Class B-1 Certificates) ), until the respective Class Principal Amount Balance of each such Class is reduced to zero; , and second, to each Class of the Senior Certificates relating related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Mortgage Pool applicable Class P Certificates and the remainder for the loss will be allocated as described above); provided, however, Realized Losses which sustained would otherwise be allocated to the Class I-A-3 Certificates, up to an amount equal to 15.980% of the Class Principal Balance of the Class I-A-7 Certificates for such loss (Distribution Date, and up to a cumulative aggregate amount of $674,994, will instead be allocated among to the related Senior Certificates on a pro rata basis), in each caseClass I-A-7 Certificates, until the Class Principal Amount Balance of such the Class of Senior I-A-7 Certificates is reduced to zero; provided, however, that the amount of (ii) Realized Losses calculated above that which would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1I-A2 A-4 Certificates, in reduction up to an amount equal to 48.664% of the Class Principal Amount thereofBalance of the Class I-A-7 Certificates for such Distribution Date, and up to a cumulative aggregate amount of $2,055,564, will instead be allocated to the Class I-A-7 Certificates, until the Class Principal Amount Balance of the Class 1I-A2 A-7 Certificates has been is reduced to zero; (iii) Realized Losses which would otherwise be allocated to the Class I-A-6 Certificates, up to an amount equal to 13.423% of the Class Principal Balance of the Class I-A-7 Certificates for such Distribution Date, and up to a cumulative aggregate amount of $566,987, will instead be allocated to the Class I-A-7 Certificates, until the Class Principal Balance of the Class I-A-7 Certificates is reduced to zero; and (iv) Realized Losses which would otherwise be allocated to the Class I-A-11 Certificates, up to an amount equal to 21.933% of the Class Principal Balance of the Class I-A-7 Certificates for such Distribution Date, and up to a cumulative aggregate amount of $926,448, will instead be allocated to the Class I-A-7 Certificates, until the Class Principal Balance of the Class I-A-7 Certificates is reduced to zero, before reducing and
(ii) Excess Losses for the Group I and Group II Mortgage Loans will be allocated among all Classes of Group I and Group II Certificates (other than the Notional Amount Certificates and the Class Principal Amount of P Certificates) and the Class 1Group C-A1 B Certificates; provided, furtherpro rata, that the amount of Realized Losses calculated above that would otherwise reduce the based on their respective Class Principal Amount of Balances (except if the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding loss is recognized with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section respect to a Class of Certificates shall be achieved by reducing P Mortgage Loan, in which case the applicable Class Principal Amount thereof by the amount P Fraction of such loss.
(e) Subsequent Recoveries in respect loss will first be allocated to the applicable Class P Certificates and the remainder of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss loss will be increased, in order of seniority, by the amount of such Subsequent Recoveryallocated as described above).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass THR Certs Series 2003-25)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates, for so long as the Class Certificate Balance of the Class II-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized "Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation").
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On each Distribution Date on or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect a Section 7.01(d) Purchase Event relating to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution DatePooling REMIC I Regular Interests, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amounts of the Group 1 Certificates shall be reduced by the amount of any Pool 1 Applied Loss Amount for such date, in the following order of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating priority:
(i) to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each caseClass I-M9 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(ii) to the Class I-M8 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iii) to the Class I-M7 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Class I-M6 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(v) to the Class I-M5 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(vi) to the Class I-M4 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(vii) to the Class I-M3 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(viii) to the Class I-M2 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(ix) to the Class I-M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero; and
(x) to the Group 1 Senior Certificates is Certificates, pro rata, based on their respective Class Principal Amounts, until their respective Class Principal Amounts are reduced to zero; provided, however, that any Pool 1 Applied Loss Amounts otherwise allocable to the amount Class I-A1, Class I-A2 and Class I-A3 Certificates will be applied in reduction of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1I-A1 Certificates will be allocated to the Class 1-A2 A4 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1I-A2 A4 Certificates has been reduced to zero.
(b) On each Distribution Date on or prior to a Section 7.01(d) Purchase Event relating to the Pooling REMIC II Regular Interests, before reducing the Class Principal Amount Amounts of the Class 1-A1 Certificates; provided, further, that Group 2 Certificates shall be reduced by the amount of Realized Losses calculated above that would otherwise reduce any Pool 2 Applied Loss Amount for such date, in the following order of priority:
(i) to the Class Principal Amount of the Class 2WF-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates M9 Certificates, until the Class Principal Amount of the such Class 2-A2 Certificates has been reduced to zero, before reducing ;
(ii) to the Class Principal Amount of the Class 2WF-A1 M8 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the such Class 3-A2 Certificates has been reduced to zero, before reducing ;
(iii) to the Class Principal Amount of the Class 3WF-A1 M7 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the such Class 4-A2 Certificates has been reduced to zero, before reducing ;
(iv) to the Class Principal Amount of the Class 4WF-A1 Certificates and providedM6 Certificates, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the such Class 5-A2 Certificates has been reduced to zero;
(v) to the Class WF-M5 Certificates, before reducing until the Class Principal Amount of such Class has been reduced to zero;
(vi) to the Class 5WF-A1 M4 Certificates.
(c) On each Distribution Date, until the Class Principal Amount of such Class has been reduced to zero;
(vii) to the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)WF-M3 Certificates, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and until the Class Principal Amount of each such Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increasedzero;
(viii) to the Class WF-M2 Certificates, in order of seniority, by until the amount Class Principal Amount of such Subsequent RecoveryClass has been reduced to zero;
(ix) to the Class WF-M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero; and
(x) to the Group 2 Senior Certificates, pro rata, based on their respective Class Principal Amounts, until their respective Class Principal Amounts are reduced to zero.
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(bi) On With respect to Aggregate Pool A, on each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Aggregate Pool A Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the related Class B-6 of Aggregate Pool A Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool in Aggregate Pool A which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided that any Realized Losses (other than Excess Losses) in (a) Pool 2 otherwise allocable to the Class 2-A-1 Certificates shall be allocated to the Class 2-A-2 Certificates, until its Class Principal Amount is reduced to zero; and (b) Pool 3 otherwise allocable to the Class 3-A-1 Certificates shall be allocated to the Class 3-A-2 Certificates, until its Class Principal Amount is reduced to zero;
(ii) with respect to Pool 1, on each Distribution Date, Applied Loss Amounts shall be allocated as follows: first, to the Class 1-B-2 Certificates, until the Class Principal Amount of such Class is reduced to zero; second, to the Class 1-B-1 Certificates, until the Class Principal Amount of such Class is reduced to zero; third, to the Class 1-M-2 Certificates, until the Class Principal Amount of such Class is reduced to zero; fourth, to the Class 1-M-1 Certificates, until the Class Principal Amount of such Class is reduced to zero; fifth, to the Group 1 Senior Certificates, pro rata, based on Class Principal Amount, until the Class Principal Amount of such Class is reduced to zero; provided, however, that the amount of Realized Losses calculated above any Applied Loss Amounts that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will other wise be allocated to the Class 1-A2 CertificatesA-1, in reduction of the Class Principal Amount thereof1-A-2, until the Class Principal Amount of 1-A-3 and Class 1-A-4 Certificates shall instead be allocated to the Class 1-A2 Certificates has been A-5 Certificates, until its Class Principal Amount is reduced to zero.
(c) On each Distribution Date, before reducing with respect to Aggregate Pool A, any Excess Losses on the Mortgage Loans in a Mortgage Pool in Aggregate Pool A shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Aggregate Pool A Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amount Amounts and, with respect to each Class of Aggregate Pool A Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class 1-A1 Certificatesrelating to the Mortgage Pool in Aggregate Pool A in which such Excess Losses occurs; provided, furtherhowever, that on any Distribution Date after the amount first Senior Termination Date, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Aggregate Pool A Senior Certificates and Aggregate Pool A Subordinate Certificates on the basis of Realized Losses calculated above that would otherwise reduce the their respective Class Principal Amount of Amounts immediately prior to the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificatesrelated Distribution Date; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that after the amount Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to all Aggregate Pool A Senior Certificates, on the basis of Realized Losses calculated above that would otherwise reduce the their respective Class Principal Amount of Amounts immediately prior to the Class 5-A1 Certificates will first reduce related Distribution Date, until the respective Class Principal Amount Amounts of the each such Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been are reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Aggregate Pool A Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of such Liquidated Mortgage Loan, but in each case by not more than, with respect to the Aggregate Pool A Certificates, the amount of Realized Losses previously allocated to that has been reduced due Class of Certificates pursuant to application of a this Section 5.03 or, with respect to the Group 1 Certificates, the Allocated Realized Loss Amount. Holders of such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata, based on the Principal Amount of the Certificates of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A3)
Allocation of Losses. (a) On each Distribution Date on or prior to each Distribution Datea Section 7.01(d) Purchase Event relating to the Pooling REMIC I Regular Interests, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each the Group I Certificates shall be reduced by the amount of any Pool 1-2 Applied Loss Amount for such Class is reduced to zero; and seconddate, to each Class in the following order of Senior Certificates relating priority:
(i) to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each caseClass I-M10 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(ii) to the Class I-M9 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iii) to the Class I-M8 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Class I-M7 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(v) to the Class I-M6 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(vi) to the Class I-M5 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(vii) to the Class I-M4 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(viii) to the Class I-M3 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(ix) to the Class I-M2 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(x) to the Class I-M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero; and
(xi) to the Group 1 Senior Certificates is (other than the Class 2-AIO Certificates), pro rata, (in the case of Realized Losses attributable to Mortgage Loans in Pool 1) and to the Group 2 Senior Certificates (in the case of Realized Losses attributable to Mortgage Loans in Pool 2); provided, that additional losses with respect to the Mortgage Loans in Pool 1 that would otherwise reduce the Class Principal Amounts of the Class 1-A1 Certificates and the A2(1) and A3(1) Components will instead be allocated to the A3(1) Components, until the A3(1) Components are reduced to zero, and then such losses will be allocated to the A2(1) Components until the A2(1) Components are reduced to zero, and then such losses will be allocated to the Class 1-A1 Certificates until the Class Principal Amount of such Class has been reduced to zero; and in the case of additional losses on the Mortgage Loans in Pool 2, losses otherwise allocable to the Class 2-A1 Certificates and the A2(2) and the A3(2) Components will instead be allocated to the A3(2) Components, until the A3(2) Components are reduced to zero, and then such losses will be allocated to the A2(2) Components until the Class Principal Amount of the A2(2) Components has been reduced to zero, and then such losses will be allocated to the Class 2-A1 Certificates until the Class Principal Amount of such Class has been reduced to zero.
(b) On each Distribution Date on or prior to a Section 7.01(d) Purchase Event relating to the Pooling REMIC II Regular Interests, the Class Principal Amounts of the Group II Certificates shall be reduced by the amount of any Pool 3 Applied Loss Amount for such date, in the following order of priority:
(i) to the Class II-M8 Certificates, until the Class Principal Amount thereof has been reduced to zero;
(ii) to the Class II-M7 Certificates, until the Class Principal Amount thereof has been reduced to zero;
(iii) to the Class II-M6 Certificates, until the Class Principal Amount thereof has been reduced to zero;
(iv) to the Class II-M5 Certificates, until the Class Principal Amount thereof has been reduced to zero;
(v) to the Class II-M4 Certificates, until the Class Principal Amount thereof has been reduced to zero;
(vi) to the Class II-M3 Certificates, until the Class Principal Amount thereof has been reduced to zero;
(vii) to the Class II-M2 Certificates, until the Class Principal Amount thereof has been reduced to zero;
(viii) to the Class II-M1 Certificates, until the Class Principal Amount thereof has been reduced to zero; and
(ix) to the Group II Senior Certificates (other than the Class 3-A3-3 and 3-AIO Certificates), on a pro rata basis, in proportion to the Class Principal Amount of each such class until the respective Class Principal Amount of each such class has been reduced to zero; provided, however, that the amount of Realized Losses calculated above losses that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount Amounts of the Class 3-A1 A6 Certificates will first reduce the Class Principal Amount of the Class 3-A2 A7 Certificates until the Class Principal Amount of the Class 3-A2 A7 Certificates has been reduced to zero, before reducing and thereafter such losses will be allocated to reduce the Class Principal Amount Amounts of the Class 3-A1 A6 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates such class has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of any Realized Losses calculated above that would (other than Excess Losses) in (a) Pool 1 otherwise reduce the Class Principal Amount of allocable to the Class 1-A1 A-1 and Class 1-A-2 Certificates will shall be allocated to the Class 1-A2 A-3 Certificates, in reduction of the until its Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would (b) Pool 2 otherwise reduce the Class Principal Amount of allocable to the Class 2-A1 A-1, Class 2-A-2, Class 2-A-3 and Class 2-A-4 Certificates will first reduce the Class Principal Amount of shall be allocated to the Class 2-A2 Certificates A-5 Certificates, until the its Class Principal Amount of the Class 2-A2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would and (d) Pool 3 otherwise reduce the Class Principal Amount of allocable to the Class 3-A1 A-1, Class 3-A-2 and Class 3-A-3 Certificates will first reduce the Class Principal Amount of shall be allocated to the Class 3-A2 Certificates A-4 Certificates, until the its Class Principal Amount of the Class 3-A2 Certificates has been is reduced to zero.
(c) On each Distribution Date, before reducing any Excess Losses on the Mortgage Loans in a Mortgage Pool shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amount Amounts and, with respect to each Class of Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class 3-A1 Certificatesrelating to the Mortgage Pool in which such Excess Losses occurs; provided, furtherhowever, that on any Distribution Date after the amount second Senior Termination Date, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Senior Certificates and Subordinate Certificates on the basis of Realized Losses calculated above that would otherwise reduce the their respective Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates Amounts; and provided, further, that after the amount Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to all Senior Certificates regardless of Realized Losses calculated above that would otherwise reduce Certificate Group, on the basis of their respective Class Principal Amount of Amounts immediately prior to the Class 5-A1 Certificates will first reduce related Distribution Date, until the respective Class Principal Amount Amounts of the each such Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been are reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal and allocation of Realized Losses on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the Aggregate Pool for the following Distribution Date (such amount for any Distribution Date, the “Subordinate Certificate Write-down Amount”).
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of such Liquidated Mortgage Loan, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced due Class of Certificates pursuant to application this Section 5.03. Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata based on the Principal Amount of the Certificates of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class III-A-1 Certificates will instead be borne first by the Class III-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class III-A-2 Certificates), and not by the Class III-A-1 Certificates, for so long as the Class Certificate Balance of the Class III-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized "Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation").
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, first against the Remaining Initial Overcollateralization Amount and second to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) Subsequent Overcollateralization Amount, until the Class Principal Overcollateralization Amount of each such Class is has been reduced to zero; and second. If, to each Class of Senior Certificates relating after giving effect to the Mortgage distribution of the Principal Distribution Amount on any Distribution Date the aggregate Certificate Principal Balance of the Offered Certificates and the Class B-2 and Class B-3 Certificates exceeds the Pool which sustained such loss (allocated among Balance as of the end of the related Senior Certificates on a pro rata basis)Collection Period, such excess will be allocated against the Class B-3, Class B-2, Class B-1, Class M-2, Class M-1 Certificates, in each casethat order, and then to the Senior Certificates, pro rata, until the Class respective Certificate Principal Amount of such Class of Senior Certificates is Balances thereof are reduced to zero; provided, however, that the amount any allocation of Realized Losses calculated above that would otherwise reduce to the Class Principal Amount of the Class 1-A1 A Certificates shall be made such that only Realized Losses from Loan Group I will be allocated to the Class 1-A2 CertificatesAF-1, in reduction Class AF-2 and Class AF-3 Certificates (on a pro rata basis) and only Realized Losses from Loan Group II will be allocated to the Class AV-1 and Class AV-2 Certificates (on a pro rata basis). Special Hazard Losses will be allocated as described above, provided that if the cumulative amount of such losses, as of any date of determination, exceeds the greatest of (i) 1.0% of the Class Principal Amount thereof, until the Class Principal Amount Pool Balance as of the Class 1Cut-A2 Certificates has been reduced to zerooff Date, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that (ii) two times the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount principal balance of the Class 2-A1 Certificates will first reduce the Class Principal Amount largest Mortgage Loan as of the Class 2-A2 Certificates until the Class Principal Amount date of the Class 2-A2 Certificates has been reduced determination and (iii) an amount equal to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect balances of the Mortgage Loans in the largest zip-code concentration in the State of California as of the date of determination, such losses will be allocated among the Class A, Class M-1, Class M-2, Class B-1, Class B-2 and Class B-3 Certificates, pro rata, based on their respective Certificate Principal Balances; provided, however, that any allocation of Realized Losses to the Class A Certificates shall be distributed made such that only Special Hazard Losses from Loan Group I will be allocated to the Class AF-1, Class AF-2 and Class AF-3 Certificates still outstanding, in accordance with Section 5.02, (on a pro rata basis) and only Special Hazard Losses from Loan Group II will be allocated to the Class Principal Amount of each AV-1 and Class of AV-2 Certificates then outstanding that has been reduced due to application of (on a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recoverypro rata basis).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (C Bass Mortgage Loan Asset Backed Cert Series 2002-Cb5)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer Securities Administrator shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses, including Excess Losses experienced on the Combined Mortgage Loans Loans, for the related Distribution Date, separately identifying the Realized Losses on the Mortgage Loans in each Loan Group.
(b) On each Distribution Date, the principal portion of Realized Losses with respect to the Mortgage Loans on any Distribution Date shall be allocated as follows: first:
(i) any Applied Loss Amounts on the Group 1 Mortgage Loans shall be allocated first to the Class OC Certificates, until its Class Principal Balance is reduced to zero, and second, to the Group 1 Subordinated Certificates in reverse order of their respective priorities of payment (beginning with the Class of Class 1-B Certificates then outstanding with the highest numerical Class designation or, if no Classes of Subordinate Class 1-B Certificates are outstanding, then beginning with the Class of Class 1-M Certificates then outstanding with the highest numerical Class designation) until the respective Class Principal Balance of each such Class is reduced to zero; and
(ii) (A) any Realized Loss (other than an Excess Loss) on the Combined Mortgage Loans shall be allocated first to the Combined Subordinated Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Combined Subordinated Certificates and ending then outstanding with the highest numerical Class B-1 Certificatesdesignation) until the respective Class Principal Balance of each such Class is reduced to zero, and second to the Combined Senior Certificates in the related Loan Group (other than any Notional Amount Certificates, if applicable), pro rata on the basis of their respective Class Principal Balances or, in the case of any Class of Accrual Certificates or Accrual Component, on the basis of the lesser of their Class Principal Balance or Component Balance, as applicable, and their initial Class Principal Balance or Component Balance, as applicable, in each case immediately prior to the related Distribution Date until the respective Class Principal Balance of each such Class is reduced to zero; and secondprovided, to each Class of Senior Certificates relating that (x) any Realized Losses on the Group 2 Mortgage Loans that would otherwise be allocated to the Mortgage Pool which sustained such loss (Class 2-A-2 Certificates will instead be allocated among the related Senior Certificates on a pro rata basis), in each case, until to the Class 2-A-3 Certificates until its Class Principal Amount of such Balance is reduced to zero, (y) any Realized Losses on the Group 3 Mortgage Loans that would otherwise be allocated to the Class of Senior 3-A-2 Certificates will instead be allocated to the Class 3-A-3 Certificates until its Class Principal Balance is reduced to zero, (z) any Realized Losses on the Group 4 Mortgage Loans that would otherwise be allocated to the Class 4-A-1 Certificates or Class 4-A-2 Certificates will instead be allocated to the Class 4-A-3 Certificates until its Class Prinicipal Balance is reduced to zero, (aa) any Realized Losses on the Group 5 Mortgage Loans that would otherwise be allocated to the Class 5-A-2 Certificates will instead be allocated to the Class 5-A-3 Certificates until its Class Principal Balance is reduced to zero and (bb) any Realized Losses on the Group 6 Mortgage Loans that would otherwise be allocated to the Class 6-A-1 Certificates will instead be allocated to the Class 6-A-2 Certificates until its Class Principal Balance is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.and
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2005-6ar)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses relating to Pool 1 shall be allocated as follows: first, to the Classes of Group 1 Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 1-B6 Certificates and ending with the Class B-1 1-B1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Group 1 Senior Certificates (allocated among each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Group 1 Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 A2 Certificates will be allocated to the Class 1-A2 A3 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 A3 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the principal portion of Realized Losses relating to Pool 2A and Pool 2B (in the aggregate) shall be allocated as follows: first, to the extent of Realized Losses relating to Pool 2A or Pool 2B (in the aggregate), to the Group 2 Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class 2-B6 Certificates and ending with the Class 2-B1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, concurrently, (i) to the extent of Realized Losses relating to Pool 2A, to the Group 2A Senior Certificates (allocated among each Class of Group 2A Senior Certificates on a pro rata basis), until the Class Principal Amount of each such Class of Group 2A Senior Certificates is reduced to zero and (ii) to the extent of Realized 221575 Sequoia 2007-2 Pooling and Servicing Agmt. Losses relating to Pool 2B, to the Group 2B Senior Certificates (allocated among each Class of Group 2B Senior Certificates on a pro rata basis), until the Class Principal Amount of each such Class of Group 2B Senior Certificates is reduced to zero.
(d) On each Distribution Date, (i) the Class Principal Amount of the Class of Group 1 Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Group 1 Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Group 1 Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance of Pool 1 for the following Distribution Date and (ii) the Class Principal Amount of the Group 2 Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Group 2 Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Group 2 Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the sum of the Aggregate Stated Principal Balances of Pool 2A and Pool 2B for the following Distribution Date.
(de) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the related Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-2)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each caseCertificates, until the Class Principal Amount of such each Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the 150029 Sequoia 2005-3 Pooling and Servicing Agmt. distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2005-3)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero; and
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates, for so long as the Class Certificate Balance of the Class II-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized “Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation”).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Sec. Mort Pass THR Certs Ser 2006-Aa2)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer the Servicers with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the related Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool in the Aggregate Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of any Realized Losses calculated above (i) on the Pool 1 Mortgage Loans that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of A-1 Certificates will instead be allocated to the Class Principal Amount thereof1-A-2 Certificates, until the Class Principal Amount of the Class 1-A2 A-2 Certificates has been reduced to zero, before reducing (ii) on the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above Pool 2 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 2-A1 A-1 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 2-A2 Certificates A-2 Certificates, until the Class Principal Amount of the Class 2-A2 A-2 Certificates has been reduced to zero, before reducing (iii) on the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above Pool 3 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 3-A1 A-1 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 3-A2 Certificates A-2 Certificates, until the Class Principal Amount of the Class 3-A2 A-2 Certificates has been reduced to zero, before reducing and (iv) on the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above Pool 4 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 4-A1 A-1 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 4-A2 Certificates A-2 Certificates, until the Class Principal Amount of the Class 4-A2 A-2 Certificates has been reduce to zero.
(c) On each Distribution Date, any Excess Losses on the Mortgage Loans in a Mortgage Pool shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amounts and, with respect to each Class of the Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class relating to the Mortgage Pool in which such Excess Losses occurs; provided, however, on any Distribution Date after the third Senior Termination Date for the Aggregate Pool, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Senior Certificates and the Subordinate Certificates, pro rata, on the basis of their respective Class Principal Amounts; and provided, further, that after the Credit Support Depletion Date, such Excess Losses shall be allocated, pro rata, to all the Senior Certificates regardless of Certificate Group, on the basis of their respective Class Principal Amounts, until the respective Class Principal Amounts of each such Class are reduced to zero. Notwithstanding the foregoing, any Excess Losses (i) on the Pool 1 Mortgage Loans that would otherwise be allocated to the Class 1-A-1 Certificates will instead be allocated to the Class 1-A-2 Certificates, until the Class Principal Amount of the Class 1-A-2 Certificates has been reduced to zero, before reducing (ii) on the Pool 2 Mortgage Loans that would otherwise be allocated to the Class 2-A-1 Certificates will instead be allocated to the Class 2-A-2 Certificates, until the Class Principal Amount of the Class 2-A-2 Certificates has been reduced to zero, (iii) on the Pool 3 Mortgage Loans that would otherwise be allocated to the Class 3-A-1 Certificates will instead be allocated to the Class 3-A-2 Certificates, until the Class Principal Amount of the Class 3-A-2 Certificates has been reduced to zero, and (iv) on the Pool 4 Mortgage Loans that would otherwise be allocated to the Class 4-A-1 Certificates will instead be allocated to the Class 4-A-2 Certificates, until the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 A-2 Certificates has been reduced reduce to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “related Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding related to the related Mortgage Pool, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced Class of Certificates pursuant to this Section 5.03 (net of previous increases to the Class Principal Amount due to application other Subsequent Recoveries). Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata, based on the Class Principal Amount of the Certificates of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-A5)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated to the Certificates (other than the Group 3 Certificates) as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Asset Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of zero . Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will shall not be allocated to the Class 1Group 3 Certificates. 127551 Sequoia 2004-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates 12 Pooling and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 CertificatesServicing Agmt.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (other than the Group 3 Certificates) (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates (other than the Group 3 Certificates) shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates (other than the Group 3 Certificates) still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2004-12)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer Securities Administrator shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses, including Excess Losses experienced on the Combined Mortgage Loans Loans, for the related Distribution Date, separately identifying the Realized Losses on the Mortgage Loans in each Loan Group.
(b) On each Distribution Date, the principal portion of Realized Losses with respect to the Mortgage Loans on any Distribution Date shall be allocated as follows: first:
(i) any Applied Loss Amounts on the Group 1 Mortgage Loans shall be allocated first to the Class OC Certificates, until its Class Principal Balance is reduced to zero, and second, to the Group 1 Subordinated Certificates in reverse order of their respective priorities of payment (beginning with the Class of Class 1-B Certificates then outstanding with the highest numerical Class designation or, if no Classes of Subordinate Class 1-B Certificates are outstanding, then beginning with the Class of Class 1-M Certificates then outstanding with the highest numerical Class designation) until the respective Class Principal Balance of each such Class is reduced to zero; and
(ii) (A) any Realized Loss (other than an Excess Loss) on the Combined Mortgage Loans shall be allocated first to the Combined Subordinated Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Combined Subordinated Certificates and ending then outstanding with the highest numerical Class B-1 Certificatesdesignation) until the respective Class Principal Balance of each such Class is reduced to zero, and second to the Combined Senior Certificates in the related Loan Group (other than any Notional Amount Certificates, if applicable), pro rata on the basis of their respective Class Principal Balances or, in the case of any Class of Accrual Certificates or Accrual Component, on the basis of the lesser of their Class Principal Balance or Component Balance, as applicable, and their initial Class Principal Balance or Component Balance, as applicable, in each case immediately prior to the related Distribution Date until the respective Class Principal Balance of each such Class is reduced to zero; and secondprovided, to each Class of Senior Certificates relating that (x) any Realized Losses on the Group 2 Mortgage Loans that would otherwise be allocated to the Mortgage Pool which sustained such loss (Class 2-A-1 Certificates will instead be allocated among to the related Senior Certificates on a pro rata basis), in each caseClass 2-A-2 Certificates, until its Class Principal Balance is reduced to zero, (y) any Realized Losses on the Group 3 Mortgage Loans that would otherwise be allocated to the Class 3-A-1 Certificates will instead be allocated to the Class 3-A-3 Certificates, until its Class Principal Amount of such Balance is reduced to zero and (z) any Realized Losses on the Group 4 Mortgage Loans that would otherwise be allocated to the Class of Senior 4-A-1 Certificates will instead be allocated to the Class 4-A-2 Certificates, until its Class Principal Balance is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.and
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer Class Principal Amounts of the Group 1 Certificates shall aggregate be reduced by the information provided by each Servicer with respect amount of any Pool 1 Applied Loss Amount for such date, in the following order of priority:
(i) to the total amount Class 1-M3 Certificates, until the Class Principal Amount of Realized Losses experienced such Class has been reduced to zero;
(ii) to the Class 1-M2 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iii) to the Class 1-M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Group 1 Senior Certificates, pro rata, based on their respective Class Principal Amounts, until their respective Class Principal Amounts are reduced to zero; provided however, that Pool 1 Applied Loss Amounts that would otherwise reduce the Mortgage Loans for Class Principal Amounts of the related Distribution DateClass 1-A1, Class 1-A2 or Class 1-A3 Certificates will first reduce the Class Principal Amount of the Class 1-A4 Certificates until the Class Principal Amount of the Class 1-A4 Certificates has been reduced to zero.
(b) On each Distribution Date, the principal portion Class Principal Amounts of Realized Losses the Group 2 Certificates shall be allocated as follows: firstreduced by the amount of any Pool 2 Applied Loss Amount for such date, in the following order of priority:
(i) to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 2-M3 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is has been reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated ;
(ii) to the Class 12-A2 M2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the such Class 1-A2 Certificates has been reduced to zero;
(iii) to the Class 2-M1 Certificates, before reducing until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Group 2 Senior Certificates, pro rata, based on their respective Class 1-A1 CertificatesPrincipal Amounts, until their respective Class Principal Amounts are reduced to zero; provided, furtherprovided however, that the amount of Realized Losses calculated above Pool 2 Applied Loss Amounts that would otherwise reduce the Class Principal Amount of the Class 2-A1 A5A Certificates will first reduce the Class Principal Amount of the Class 2-A2 A5B Certificates until the Class Principal Amount of the Class 2-A2 A5B Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-2 Certificates will instead be borne first by the Class I-A-3 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-3 Certificates), and not by the Class I-A-2 Certificates, until the Class Certificate Balance of the Class I-A-3 Certificates has been reduced to zero and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class III-A-2 Certificates will instead be borne first by the Class III-A-3 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class III-A-3 Certificates), and not by the Class III-A-2 Certificates, until the Class Certificate Balance of the Class III-A-3 Certificates has been reduced to zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances, each in the case of the Senior Certificates, or Apportioned Principal Balances, in the case of the Subordinated Certificates.
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Class Certificate Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Class Certificate Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e) .
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized “Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation”).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2007-Ar2)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 A1A and Class 1-A1B Certificates will be allocated allocated, pro rata, to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 A1A and Class 1-A1B Certificates (which reduction shall be applied on a pro rata basis between the Class 1-A1A and Class 1-A1B Certificates); provided, further, that the amount of Realized Losses losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; and provided, further, that the amount of Realized Losses losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2006-1)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each the Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the related Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool in the Aggregate Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of any Realized Losses calculated above (other than Excess Losses) (i) on the Pool 1 Mortgage Loans that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of A-1 Certificates will instead be allocated to the Class Principal Amount thereof1-A-2 Certificates, until the Class Principal Amount of the Class 1-A2 A-2 Certificates has been reduced to zero, before reducing (ii) on the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above Pool 2 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 2-A1 A-1 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 2-A2 Certificates A-4 Certificates, until the Class Principal Amount of the Class 2-A2 A-4 Certificates has been reduced to zero, before reducing (iii) on the Pool 2 Mortgage Loans that would otherwise be allocated to the Class 2-A-2 Certificates will instead be allocated to the Class 2-A-3 and Class 2-A-4 Certificates, pro rata, based on Class Principal Amount, until the aggregate Class Principal Amount of the Class 2-A1 Certificates; providedA-3 and Class 2-A-4 Certificates has been reduced to zero, further, that (iv) on the amount of Realized Losses calculated above Pool 3 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 3-A1 A-2 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 3-A2 Certificates A-5 Certificates, until the Class Principal Amount of the Class 3-A2 A-5 Certificates has been reduced to zero, before reducing (v) on the Pool 3 Mortgage Loans that would otherwise be allocated to the Class 3-A-3 Certificates will instead be allocated to the Class 3-A-4 and Class 3-A-5 Certificates, pro rata, based on Class Principal Amount, until the aggregate Class Principal Amount of the Class 3-A1 Certificates; providedA-4 and Class 3-A-5 Certificates has been reduced to zero, further, that (vi) on the amount of Realized Losses calculated above Pool 4 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 4-A1 A-1 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 4-A2 Certificates A-4 Certificates, until the Class Principal Amount of the Class 4-A2 A-4 Certificates has been reduced to zero, before reducing (vii) on the Pool 4 Mortgage Loans that would otherwise be allocated to the Class 4-A-2 Certificates will instead be allocated to the Class 4-A-3 and Class 4-A-4 Certificates, pro rata, based on Class Principal Amount, until the aggregate Class Principal Amount of the Class 4-A1 A-3 and Class 4-A-4 Certificates and providedhas been reduced to zero, further, that (viii) on the amount of Realized Losses calculated above Pool 5 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 5-A1 A-1 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 5-A2 Certificates A-4 Certificates, until the Class Principal Amount of the Class 5-A2 A-4 Certificates has been reduced to zero, before reducing (ix) on the Pool 5 Mortgage Loans that would otherwise be allocated to the Class 5-A-2 Certificates will instead be allocated to the Class 5-A-3 and Class 5-A-4 Certificates, pro rata, based on Class Principal Amount, until the aggregate Class Principal Amount of the Class 5-A-3 and Class 5-A-4 Certificates has been reduced to zero, (x) on the Pool 5 Mortgage Loans that would otherwise be allocated to the Class 5-A-5 Certificates will instead be allocated to the Class 5-A-6 Certificates, until the Class Principal Amount of the Class 5-A1 A-6 Certificates has been reduced to zero, (xi) on the Pool 6 Mortgage Loans that would otherwise be allocated to the Class 6-A-1 Certificates will instead be allocated to the Class 6-A-2 Certificates, until the Class Principal Amount of the Class 6-A-2 Certificates has been reduced to zero and (xii) on the Pool 7 Mortgage Loans that would otherwise be allocated to the Class 7-A-1, Class 7-A-2 or Class 7-A-3 Certificates will instead be allocated to the Class 7-A-4 Certificates, until the Class Principal Amount of the Class 7-A-4 Certificates has been reduced to zero.
(c) On each Distribution Date, any Excess Losses on the Mortgage Loans in a Mortgage Pool shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amounts and, with respect to each Class of the Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class relating to the Mortgage Pool in which such Excess Losses occurs; provided, however, on any Distribution Date after the sixth Senior Termination Date for the Aggregate Pool, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Senior Certificates and the Subordinate Certificates, pro rata, on the basis of their respective Class Principal Amounts; and provided, further, that after the Credit Support Depletion Date, such Excess Losses shall be allocated, pro rata, to all the Senior Certificates regardless of Certificate Group, on the basis of their respective Class Principal Amounts, until the respective Class Principal Amounts of each such Class are reduced to zero. Notwithstanding the foregoing, any Excess Losses (i) on the Pool 1 Mortgage Loans that would otherwise be allocated to the Class 1-A-1 Certificates will instead be allocated to the Class 1-A-2 Certificates, until the Class Principal Amount of the Class 1-A-2 Certificates has been reduced to zero, (ii) on the Pool 2 Mortgage Loans that would otherwise be allocated to the Class 2-A-1 Certificates will instead be allocated to the Class 2-A-4 Certificates, until the Class Principal Amount of the Class 2-A-4 Certificates has been reduced to zero, (iii) on the Pool 2 Mortgage Loans that would otherwise be allocated to the Class 2-A-2 Certificates will instead be allocated to the Class 2-A-3 and Class 2-A-4 Certificates, pro rata, based on Class Principal Amount, until the aggregate Class Principal Amount of the Class 2-A-3 and Class 2-A-4 Certificates has been reduced to zero, (iv) on the Pool 3 Mortgage Loans that would otherwise be allocated to the Class 3-A-2 Certificates will instead be allocated to the Class 3-A-5 Certificates, until the Class Principal Amount of the Class 3-A-5 Certificates has been reduced to zero, (v) on the Pool 3 Mortgage Loans that would otherwise be allocated to the Class 3-A-3 Certificates will instead be allocated to the Class 3-A-4 and Class 3-A-5 Certificates, pro rata, based on Class Principal Amount, until the aggregate Class Principal Amount of the Class 3-A-4 and Class 3-A-5 Certificates has been reduced to zero, (vi) on the Pool 4 Mortgage Loans that would otherwise be allocated to the Class 4-A-1 Certificates will instead be allocated to the Class 4-A-4 Certificates, until the Class Principal Amount of the Class 4-A-4 Certificates has been reduced to zero, (vii) on the Pool 4 Mortgage Loans that would otherwise be allocated to the Class 4-A-2 Certificates will instead be allocated to the Class 4-A-3 and Class 4-A-4 Certificates, pro rata, based on Class Principal Amount, until the aggregate Class Principal Amount of the Class 4-A-3 and Class 4-A-4 Certificates has been reduced to zero, (viii) on the Pool 5 Mortgage Loans that would otherwise be allocated to the Class 5-A-1 Certificates will instead be allocated to the Class 5-A-4 Certificates, until the Class Principal Amount of the Class 5-A-4 Certificates has been reduced to zero, (ix) on the Pool 5 Mortgage Loans that would otherwise be allocated to the Class 5-A-2 Certificates will instead be allocated to the Class 5-A-3 and Class 5-A-4 Certificates, pro rata, based on Class Principal Amount, until the aggregate Class Principal Amount of the Class 5-A-3 and Class 5-A-4 Certificates has been reduced to zero, (x) on the Pool 5 Mortgage Loans that would otherwise be allocated to the Class 5-A-5 Certificates will instead be allocated to the Class 5-A-6 Certificates, until the Class Principal Amount of the Class 5-A-6 Certificates has been reduced to zero, (xi) on the Pool 6 Mortgage Loans that would otherwise be allocated to the Class 6-A-1 Certificates will instead be allocated to the Class 6-A-2 Certificates, until the Class Principal Amount of the Class 6-A-2 Certificates has been reduced to zero and (xii) on the Pool 7 Mortgage Loans that would otherwise be allocated to the Class 7-A-1, Class 7-A-2 or Class 7-A-3 Certificates will instead be allocated to the Class 7-A-4 Certificates, until the Class Principal Amount of the Class 7-A-4 Certificates has been reduced to zero.
(d) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “related Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of such Liquidated Mortgage Loan, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced Class of Certificates pursuant to this Section 5.03 (net of previous increases to the Class Principal Amount due to application other Subsequent Recoveries). Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata, based on the Class Principal Amount of the Certificates of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-A1)
Allocation of Losses. (a) On or prior to each Distribution Determination Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect to the total amount of any Realized Losses experienced on Loss in respect of each Mortgage Loan that occurred during the Mortgage Loans for the related Distribution Dateimmediately preceding calendar month.
(b) On With respect to any Distribution Date, the principal portion of each Distribution Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that from and after the Cross-over Date the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1A and Class II-A-1B Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not by the Class II-A-1A and Class II-A-1B Certificates, for so long as the Class Certificate Balance of the Class II-A-2 Certificates is greater than zero. In the event that the aggregate amount of the principal portion of Realized Losses (other than Excess Losses) allocable to the Class II-A-1A and Class II-A-1B Certificates is greater than the outstanding Class Certificate Balance of the Class II-A-2 Certificates, such losses will be allocated to the Class II-A-2 Certificates, pro rata, based on the respective Class Certificate Balances of the Class II-A-1A and Class II-A-1B Certificates until the Class Certificate Balance of the Class II-A-2 Certificates has been reduced to zero. In addition, from and after the Cross-over Date, the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class IV-A-1 Certificates will instead be borne first by the Class IV-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class IV-A-2 Certificates), and not by the Class IV-A-1 Certificates, for so long as the Class Certificate Balance of the Class IV-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates relating pursuant to the Mortgage Pool which sustained such loss Section 4.4(b) or (c) shall be allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced in proportion to zero; provided, however, that the amount their respective Certificate Principal Balances. Any allocation of Realized Losses calculated above that would otherwise reduce pursuant to this paragraph (d) shall be accomplished by reducing the Class Certificate Principal Amount Balances of the Class 1-A1 related Certificates will be allocated to on the Class 1-A2 Certificates, related Distribution Date in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificatesaccordance with Section 4.4(e).
(ce) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Class Principal Amount of Master Servicer shall determine the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Subordinated Certificate Writedown Amount”), if any. Any such Subordinated Certificate Writedown Amount shall effect, by which without duplication of any other provision in this Section 4.4 that provides for a reduction in the aggregate Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Principal Amounts Certificate Balance of all outstanding Classes of Certificates (the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the distribution of principal distributions made on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(dg) Any Notwithstanding the foregoing, no such allocation of any Realized Loss shall be made on a loss pursuant to this section Distribution Date to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized "Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation").
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced Applied Loss Amounts on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated by the Securities Administrator to the Certificates as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with B-2 Certificates, until the Class B-6 Certificates and ending with Principal Amount of such Class is reduced to zero; second, to the Class B-1 Certificates) , until the Class Principal Amount of such Class is reduced to zero; third, to the Class M-2 Certificates, until the Class Principal Amount of such Class is reduced to zero; fourth, to the Class M-1 Certificates, until the Class Principal Amount of such Class is reduced to zero; and fifth, to the Senior Certificates, pro rata based on Class Principal Amount, until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1A-1-A2 CertificatesA, in reduction of Class A-1-B, Class A-2, Class A-3, Class A-4, Class A-5 and Class A-6 Certificates will instead be allocated to the Class Principal Amount thereofA-7 Certificates, until the Class Principal Amount of the Class 1-A2 A-7 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.;
(b) [reserved]
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ed) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding that has in to which Realized Losses have been reduced due to application allocated in respect of a the related Liquidated Mortgage Loan, but in each case by not more than the amount of unreimbursed Applied Loss Amounts (either though previous distributions of Unpaid Realized Loss Amounts pursuant to Section 5.02(c) or increases in the Class Principal Amount of such Class pursuant to this Section 5.03(d)) previously allocated to that Class of Certificates pursuant to this Section 5.03. Holders of such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Principal Amount of each Certificate of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S2)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced Applied Loss Amounts on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated by the Securities Administrator to the Certificates as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 M-9 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; providedsecond, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 M-8 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the such Class 1-A2 Certificates has been is reduced to zero, before reducing ; third to the Class Principal Amount of the Class 1-A1 M-7 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the such Class 2-A2 Certificates has been is reduced to zero; fourth, before reducing to the Class Principal Amount of the Class 2-A1 M-6 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the such Class 3-A2 Certificates has been is reduced to zero; fifth, before reducing to the Class Principal Amount of the Class 3-A1 M-5 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the such Class 4-A2 Certificates has been is reduced to zero, before reducing ; sixth to the Class Principal Amount of the Class 4-A1 Certificates and providedM-4 Certificates, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the such Class 5-A2 Certificates has been is reduced to zero; seventh, before reducing to the Class M-3 Certificates, until the Class Principal Amount of such Class is reduced to zero; eighth to the Class 5-A1 M-2 Certificates.
(c) On each Distribution Date, until the Class Principal Amount of such Class is reduced to zero; and ninth, to the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)M-1 Certificates, if any, by which the aggregate of until the Class Principal Amounts Amount of all outstanding Classes of Certificates (after giving effect such Class is reduced to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.zero; and
(db) [reserved]
(c) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ed) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding that has in to which Realized Losses have been reduced due to application allocated, but in each case by not more than the amount of a the Allocated Realized Loss Amount. Holders of such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Certificate Principal Amount of each Certificate of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2006-Wf1)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(bi) On With respect to Aggregate Pool A, on each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Aggregate Pool A Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the related Class B-6 of Aggregate Pool A Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool in Aggregate Pool A which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of any Realized Losses calculated above that would (other than Excess Losses) in (a) Pool 2 otherwise reduce allocable to the Class Principal Amount of the 2-A-1 and Class 12-A1 Certificates will A-2 shall be allocated to the Class 12-A2 A-3 Certificates, in reduction of the until its Class Principal Amount thereofis reduced to zero; (b) Pool 3 otherwise allocable to the Class 3-A-1 Certificates shall be allocated to the Class 3-A-2 Certificates, until its Class Principal Amount is reduced to zero; (c) Pool 4 otherwise allocable to the Class 4-A-1, Class 4-A-3 and Class 4-A-4 shall be allocated to the Class 4-A-2 Certificates, until its Class Principal Amount is reduced to zero; and (d) Pool 5 otherwise allocable to the Class 5-A-1 shall be allocated to the Class 5-A-2 Certificates, until its Class Principal Amount is reduced to zero;
(ii) with respect to Pool 1, on each Distribution Date, Applied Loss Amounts shall be allocated as follows: first, to the Class 1-B-2 Certificates, until the Class Principal Amount of such Class is reduced to zero; second, to the Class 1-A2 Certificates has been reduced to zeroB-1 Certificates, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the such Class 2-A2 Certificates has been is reduced to zero; third, before reducing to the Class Principal Amount of the Class 21-A1 M-2 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the such Class 3-A2 Certificates has been is reduced to zero; fourth, before reducing to the Class Principal Amount of the Class 31-A1 M-1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the such Class 4-A2 Certificates has been is reduced to zero; fifth, before reducing to the Class 1-A-2 Certificates, until the Class Principal Amount of such Class is reduced to zero; and sixth, to the Class 41-A1 A-1 Certificates, until the Class Principal Amount of such Class is reduced to zero.
(c) On each Distribution Date, with respect to Aggregate Pool A, any Excess Losses on the Mortgage Loans in a Mortgage Pool in Aggregate Pool A shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Aggregate Pool A Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amounts and, with respect to each Class of Aggregate Pool A Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class relating to the Mortgage Pool in Aggregate Pool A in which such Excess Losses occurs; provided, however, on any Distribution Date after the third Senior Termination Date, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Aggregate Pool A Senior Certificates and Aggregate Pool A Subordinate Certificates on the basis of their respective Class Principal Amounts; and provided, further, that after the amount Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to all Aggregate Pool A Senior Certificates regardless of Realized Losses calculated above that would otherwise reduce Certificate Group, on the basis of their respective Class Principal Amount of Amounts immediately prior to the Class 5-A1 Certificates will first reduce related Distribution Date, until the respective Class Principal Amount Amounts of the each such Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been are reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Aggregate Pool A Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of such Liquidated Mortgage Loan, but in each case by not more than, with respect to the Aggregate Pool A Certificates, the amount of Realized Losses previously allocated to that has been reduced due Class of Certificates pursuant to application of a this Section 5.03 or, with respect to the Pool 1 Certificates, the Allocated Realized Loss Amount. Holders of such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata, based on the Principal Amount of the Certificates of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A1)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata 213965 Sequoia 2007-1 Pooling and Servicing Agmt. basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-1)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of such each Class of Senior Certificates is reduced to zero; provided, however, that the amount of any Realized Losses calculated above that would Loss otherwise allocable to the Class A-1A Certificates will be allocated first, to reduce the Class Principal Amount of the Class 1-A1 A-1B Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates thereof has been reduced to zero, before reducing and second, to the Class Principal Amount of the Class 1-A1 A-1A Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of any Realized Losses calculated above that would Loss otherwise allocable to the Class A-3A Certificates will be allocated first, to reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 A-3B Certificates until the Class Principal Amount of the Class 5-A2 Certificates thereof has been reduced to zero, before reducing and second, to the Class Principal Amount of the Class 5-A1 A-3A Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2004-10)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer Class Principal Amounts of the Group 1 Subordinate Certificates shall aggregate be reduced by the information provided by each Servicer with respect amount of any Pool 1 Applied Loss Amount for such date, in the following order of priority:
(i) to the total amount Class 1-M3 Certificates, until the Class Principal Amount of Realized Losses experienced such Class has been reduced to zero;
(ii) to the Class 1-M2 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iii) to the Class 1-M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Group 1 Senior Certificates, pro rata, based on their respective Class Principal Amounts, until their respective Class Principal Amounts are reduced to zero; provided however, that Pool 1 Applied Loss Amounts that would otherwise reduce the Mortgage Loans for Class Principal Amounts of the related Distribution DateClass 1-A1, Class 1-A2 or Class 1-A3 Certificates will first reduce the Class Principal Amount of the Class 1-A4 Certificates until the Class Principal Amount of the Class 1-A4 Certificates has been reduced to zero.
(b) On each Distribution Date, the principal portion Class Principal Amounts of Realized Losses the Group 2 Subordinate Certificates shall be allocated as follows: firstreduced by the amount of any Pool 2 Applied Loss Amount for such date, in the following order of priority:
(i) to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 2-M3 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is has been reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated ;
(ii) to the Class 12-A2 M2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the such Class 1-A2 Certificates has been reduced to zero;
(iii) to the Class 2-M1 Certificates, before reducing until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Group 2 Senior Certificates, pro rata, based on their respective Class 1-A1 CertificatesPrincipal Amounts, until their respective Class Principal Amounts are reduced to zero; provided, furtherprovided however, that the amount of Realized Losses calculated above Pool 2 Applied Loss Amounts that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses relating to Pool 1 shall be allocated as follows: first, to the Classes of Group 1 Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 1-B6 Certificates and ending with the Class B-1 1-B1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Group 1 Senior Certificates (allocated among each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Group 1 Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates.
(c) On each Distribution Date, the principal portion of Realized Losses relating to Pool 2A, Pool 2B and Pool 2C shall be allocated as follows: first, to the Group 2 Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class 2-B6 Certificates and ending with the Class 2-B1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, concurrently, (i) to the extent of Realized Losses relating to Pool 2A, to the Group 2A Senior Certificates (allocated among each Class of Group 2A Senior Certificates on a pro rata basis), until the Class Principal Amount of each such Class of Group 2A Senior Certificates is reduced to zero; provided, furtherhowever, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 22A-A1 Certificates will first reduce be allocated to the Class 2A-A2 Certificates, in reduction of the Class Principal Amount of the Class 2-A2 Certificates thereof, until the Class Principal Amount of the Class 22A-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 22A-A1 Certificates, (ii) to the extent of Realized Losses relating to Pool 2B, to the Group 2B Senior Certificates (allocated among each Class of Group 2B Senior Certificates on a pro rata basis), until the Class Principal Amount of each such Class of Group 2B Senior Certificates is reduced to zero; provided, furtherhowever, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 32B-A1 Certificates will first reduce be allocated to the Class 2B-A2 Certificates, in reduction of the Class Principal Amount of the Class 3-A2 Certificates thereof, until the Class Principal Amount of the Class 32B-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 32B-A1 CertificatesCertificates and (iii) to the extent of Realized Losses relating to Pool 2C, to the Group 2C Senior Certificates (allocated among each Class of Group 2C Senior Certificates on a pro rata basis), until the Class Principal Amount of each such Class of Group 2C Senior Certificates is reduced to zero; provided, furtherhowever, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 42C-A1 Certificates will first reduce be allocated to the Class 2C-A2 Certificates, in reduction of the Class Principal Amount of the Class 4-A2 Certificates thereof, until the Class Principal Amount of the Class 42C-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 42C-A1 Certificates and providedCertificates.
(d) On each Distribution Date, further, that the amount of Realized Losses calculated above that would otherwise reduce (i) the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Group 1 Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Group 1 Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Group 1 Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance of Pool 1 for the following Distribution Date and (ii) the Class Principal Amount of the Group 2 Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Group 2 Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Group 2 Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the sum of the Aggregate Stated Principal Balances of Pool 2A, Pool 2B and Pool 2C for the following Distribution Date.
(de) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the related Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-3)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates, for so long as the Class Certificate Balance of the Class II-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized “Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation”).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2006-Aa1)
Allocation of Losses. (a) On each Distribution Date on or prior to each Distribution Datea Section 7.01(d) Purchase Event relating to the Pooling REMIC 1 Regular Interests, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each the Group 1-2 Subordinate Certificates shall be reduced by the amount of any Pool 1-2 Applied Loss Amount for such Class is reduced to zero; and seconddate, to each Class in the following order of Senior Certificates relating priority:
(i) to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each caseClass M9 Certificates, until the Class Principal Amount of such Class of Senior Certificates is has been reduced to zero;
(ii) to the Class M8 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iii) to the Class M7 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Class M6 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(v) to the Class M5 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(vi) to the Class M4 Certificates, until the Class Principal Amount of such Class has been reduced to zero
(vii) to the Class M3 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(viii) to the Class M2 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(ix) to the Class M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero; and
(x) to the Group 1 Senior Certificates, pro rata, (in the case of Realized Losses attributable to Mortgage Loans in Pool 1) and to the Class 2-A1 Certificates (in the case of Realized Losses attributable to Mortgage Loans in Pool 2); provided, however, that the amount of Realized Losses calculated above losses that would otherwise reduce the Class Principal Amount Amounts of the Class 1-A1 Certificates will be allocated to the A1, Class 1-A2 CertificatesA2, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the A3 and Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 A4 Certificates will first reduce the Class Principal Amount of the Class 21-A2 A5 Certificates until the Class Principal Amount of the Class 21-A2 A5 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise and thereafter such losses will be allocated to reduce the Class Principal Amount Amounts of the Class 31-A1 Certificates will first reduce the A1, Class Principal Amount of the 1-A2, Class 31-A2 Certificates A3 and Class 1-A4 Certificates, pro rata, until the Class Principal Amount of the each such Class 3-A2 Certificates has been reduced to zero.
(b) On each Distribution Date on or prior to a Section 7.01(d) Purchase Event relating to the Pooling REMIC 2 Regular Interests, before reducing the Class Principal Amount Amounts of the Class 3-A1 Certificates; provided, further, that Group 3 Subordinate Certificates shall be reduced by the amount of Realized Losses calculated above that would otherwise reduce any Pool 3 Applied Loss Amount for such date, in the following order of priority:
(i) to the Class Principal Amount of the Class 4WF-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates M7 Certificates, until the Class Principal Amount of the Class 4-A2 Certificates thereof has been reduced to zero, before reducing ;
(ii) to the Class Principal Amount of the Class 4WF-A1 Certificates and providedM6 Certificates, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates thereof has been reduced to zero, before reducing ;
(iii) to the Class Principal Amount of the Class 5WF-A1 M5 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing until the Class Principal Amount thereof by the amount of such loss.has been reduced to zero;
(eiv) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstandingClass WF-M4 Certificates, in accordance with Section 5.02, and until the Class Principal Amount of each Class of Certificates then outstanding that thereof has been reduced due to application of a Realized Loss will be increasedzero;
(v) to the Class WF-M3 Certificates, in order of seniorityuntil the Class Principal Amount thereof has been reduced to zero;
(vi) to the Class WF-M2 Certificates, by until the amount of such Subsequent RecoveryClass Principal Amount thereof has been reduced to zero;
(vii) to the Class WF-M1 Certificates, until the Class Principal Amount thereof has been reduced to zero; and
(viii) to the Class WF-1 Certificates, until the Class Principal Amount thereof has been reduced to zero.
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows:
(i) with respect to Aggregate Pool I: first, to the Classes of Aggregate Pool I Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the related Class B-6 of Aggregate Pool I Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool in Aggregate Pool I which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of any Realized Losses calculated above that would (other than Excess Losses) in (a) Pool 2 otherwise reduce allocable to the Class Principal Amount of the 2-A-1 and Class 12-A1 A-2 Certificates will shall be allocated to the Class 12-A2 A-3 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 A-3 Certificates has been is reduced to zero and (b) Pool 3 otherwise allocable to the (i) Class 3-A-1, Class 3-A-2 and Class 3-A-3 Certificates shall be allocated to the Class 3-A-4 Certificates, until its Class Principal Amount is reduced to zero;
(ii) with respect to Pool 6: first, before reducing to the Pool 6 Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the related Class of Pool 6 Subordinate Certificates with the highest numerical Class designation) until the Class Principal Amount of each such Class is reduced to zero; and second, to the Class 2T-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 A-1 Certificates until the Class Principal Amount of the each such Class 3-A2 Certificates has been is reduced to zero;
(c) On each Distribution Date, before reducing with respect to (i) Aggregate Pool I, any Excess Losses on the Mortgage Loans in a Mortgage Pool in Aggregate Pool I shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Aggregate Pool I Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amount Amounts and, with respect to each Class of Aggregate Pool I Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class 3-A1 Certificatesrelating to the Mortgage Pool in Aggregate Pool I in which such Excess Losses occurs; provided, furtherhowever, that on any Distribution Date after the amount fourth Senior Termination Date, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Aggregate Pool I Senior Certificates and Aggregate Pool I Subordinate Certificates on the basis of Realized Losses calculated above that would otherwise reduce the their respective Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates Amounts; and provided, further, that after the amount Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to all Aggregate Pool I Senior Certificates regardless of Realized Losses calculated above that would otherwise reduce Certificate Group, on the basis of their respective Class Principal Amount of Amounts immediately prior to the Class 5-A1 Certificates will first reduce related Distribution Date, until the respective Class Principal Amount Amounts of the each such Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been are reduced to zero, before reducing and (ii) Pool 6, any Excess Losses on the Pool 6 Mortgage Loans will be allocated, pro rata, to the Pool 6 Senior Certificates and Pool 6 Subordinate Certificates on the basis of their respective Class Principal Amount Amounts, until the respective Class Principal Amounts of the each such Class 5-A1 Certificatesare reduced to zero.
(cd) On each Distribution Date, the Class Principal Amount of the Class of (i) Aggregate Pool I Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding related Classes of Aggregate Pool I Certificates (after giving effect to the distribution of principal and allocation of Realized Losses on such Distribution Date) exceeds the Aggregate Stated Principal Balance for Aggregate Pool I for the following Distribution Date and (ii) Pool 6 Subordinate Certificates with the highest numerical Class designation shall be reduced by the amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Pool 6 Certificates (after giving effect to the distribution of principal and allocation of Realized Losses on such Distribution Date) exceeds the Aggregate Stated Principal Balance for Pool 6 for the following Distribution Date (in each case, such amount for any Distribution Date, the “Subordinate Certificate Write-down Amount”).
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of such Liquidated Mortgage Loan, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced due Class of Certificates pursuant to application this Section 5.03. Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Principal Amount of each Certificate of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2005-A5)
Allocation of Losses. (a) On or prior to each Distribution DateThe Group I, Group II, Group C-B and Class A-P Certificates. Realized Losses on the Master Servicer shall aggregate the information provided by each Servicer Group I and Group II Mortgage Loans with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related any Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses Date shall be allocated by the Trust Administrator to the Classes of Group I, Group II, Group C-B and Class A-P Certificates as follows: :
(i) any Realized Loss on a Group I or Group II Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Classes of Subordinate Group C-B Certificates in reverse decreasing order of their respective numerical alphanumerical Class designations (beginning with the Class C-B-6 Certificates and ending with the Class B-1 Certificates) ), until the respective Class Principal Amount Balance of each such Class is reduced to zero; , and second, to each Class of the Senior Certificates relating related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Mortgage Pool applicable Class P Certificates and the remainder for the loss will be allocated as described above); provided, however, (i) Realized Losses which sustained would otherwise be allocated to the Class I-A-2 Certificates, up to an amount equal to 29.18498% of the Class Principal Balance of the Class I-A-3 Certificates for such loss (Distribution Date, and up to a maximum aggregate amount of $772,000, will instead be allocated among to the related Senior Certificates on a pro rata basis), in each caseClass I-A-3 Certificates, until the Class Principal Amount Balance of the Class I-A-3 Certificates is reduced to zero and (ii) Realized Losses which would otherwise be allocated to the Class I-A-4 Certificates, up to an amount equal to 70.81502% of the Class Principal Balance of the Class I-A-3 Certificates for such distribution date, and up to a maximum aggregate amount of $1,873,000, will instead be allocated to the Class I-A-3 Certificates, until the Class Principal Balance of Senior the Class I-A-3 Certificates is reduced to zero; provided, however, that and
(ii) Excess Losses for the amount Group I and Group II Mortgage Loans will be allocated among all Classes of Realized Losses calculated above that would otherwise reduce Group I and Group II Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group C-B Certificates, pro rata, based on their respective Class Principal Amount Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of the Class 1-A1 Certificates such loss will first be allocated to the applicable Class 1-A2 Certificates, in reduction P Certificates and the remainder of the loss will be allocated as described above).
(b) The Group III, Group IV, Group D-B and Class Principal Amount thereofA-P Certificates. Realized Losses on the Group III and Group IV Mortgage Loans with respect to any Distribution Date shall be allocated by the Trust Administrator to the Classes of Group III, Group IV, Group D-B and Class A-P Certificates as follows:
(i) any Realized Loss on a Group III or Group IV Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Group D-B Certificates in decreasing order of their alphanumerical Class designations (beginning with the Class D-B-6 Certificates), until the respective Class Principal Amount Balance of the each such Class 1-A2 Certificates has been is reduced to zero, before reducing and second, to the Senior Certificates related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the applicable Class P Certificates and the remainder for the loss will be allocated as described above); and
(ii) Excess Losses for the Group III and Group IV Mortgage Loans will be allocated among all Classes of Group III and Group IV Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group D-B Certificates, pro rata, based on their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the applicable Class P Certificates and the remainder of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates loss will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificatesbe allocated as described above).
(c) On each Distribution Date, if the sum of (i) the aggregate Class Principal Balance of all Group I, Group II and Group C-B Certificates and (ii) the Class II-P Fraction of each Class II-P Mortgage Loan, exceeds the aggregate Stated Principal Amount Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates Group I and Group II Mortgage Loans (after giving effect to the distribution distributions of principal and the allocation of all losses to such Certificates on such Distribution Date) exceeds ), such excess will be deemed a principal loss and shall be allocated by the Aggregate Stated Trust Administrator to the most junior Class of Group C-B Certificates then outstanding, in reduction of its Class Principal Balance for the following Distribution DateBalance.
(d) Any On each Distribution Date, if the sum of (i) the aggregate Class Principal Balance of all Group III, Group IV and Group D-B Certificates and (ii) the Class IV-P Fraction of each Class IV-P Mortgage Loan, exceeds the aggregate Stated Principal Balance of the Group III and Group IV Mortgage Loans (after giving effect to distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss pursuant and shall be allocated by the Trust Administrator to this section the most junior Class of Group D-B Certificates then outstanding, in reduction of its Class Principal Balance.
(e) Any Realized Loss allocated to a Class of Certificates shall be achieved by reducing or any reduction in the Class Principal Amount thereof Balance of a Class of Certificates pursuant to this Section 4.02 shall be allocated by the amount Trust Administrator among the Certificates of such lossClass in proportion to their respective Certificate Balances.
(ef) Subsequent Recoveries Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in respect the Certificate Balance of the Mortgage Loans a Certificate pursuant to this Section 4.02 shall be distributed to accomplished by reducing its Certificate Balance, immediately following the Certificates still outstanding, distributions made on the related Distribution Date in accordance with Section 5.02, and the definition of “Certificate Balance.”
(g) Any Realized Loss allocated to the Class I-A-6 Certificates or any reduction in the Class Principal Amount Balance of each the Class of I-A-6 Certificates then outstanding that has been reduced due pursuant to application of a Realized Loss will this Section 4.02 shall be increased, in order of seniority, allocated by the amount of such Subsequent RecoveryTrust Administrator between Component I-A-6-1 and Component I-A-6-2 in proportion to their respective Component Principal Balances.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Cert Series 2003-10)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates (other than the Interest-Only Certificates) relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of (i) any Realized Losses calculated above that would (other than Excess Losses) in Pool 1 otherwise reduce the Class Principal Amount of allocable to the Class 1-A1 A-1 Certificates will shall be allocated to the Class 1-A2 A-2 Certificates, in reduction of the until its Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of (ii) any Realized Losses calculated above that would (other than Excess Losses) in Pool 2 otherwise reduce the Class Principal Amount of allocable to the Class 2-A1 A-1 and Class 2-A-2 Certificates will first reduce the Class Principal Amount of shall be allocated to the Class 2-A2 Certificates A-3 Certificates, until the its Class Principal Amount of the Class 2-A2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of (iii) any Realized Losses calculated above that would (other than Excess Losses) in Pool 3 otherwise reduce the Class Principal Amount of allocable to the Class 3-A1 A-1 Certificates will first reduce the Class Principal Amount of shall be allocated to the Class 3-A2 Certificates A-2 Certificates, until the its Class Principal Amount of the Class 3-A2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of zero and (iv) any Realized Losses calculated above that would (other than Excess Losses) in Pool 4 otherwise reduce the Class Principal Amount of allocable to the Class 4-A1 A-1 and Class 4-A-2 Certificates will first reduce the Class Principal Amount of shall be allocated to the Class 4-A2 Certificates A-3 Certificates, until the its Class Principal Amount of the Class 4-A2 Certificates has been is reduced to zero;
(c) On each Distribution Date, before reducing any Excess Losses on the Mortgage Loans in a Mortgage Pool shall be allocated to the related Classes of Senior Certificates (other than the Interest-Only Certificates) of the related Certificate Group and the Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amount Amounts and, with respect to each Class of Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class 4-A1 relating to the Mortgage Pool in which such Excess Losses occurs; provided, however, on any Distribution Date after the third Senior Termination Date, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Senior Certificates and Subordinate Certificates on the basis of their respective Class Principal Amounts; and provided, further, that after the amount Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to all Senior Certificates regardless of Realized Losses calculated above that would otherwise reduce Certificate Group, on the basis of their respective Class Principal Amount of Amounts immediately prior to the Class 5-A1 Certificates will first reduce related Distribution Date, until the respective Class Principal Amount Amounts of the each such Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been are reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal and allocation of Realized Losses on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the Aggregate Pool for the following Distribution Date (such amount for any Distribution Date, the “Subordinate Certificate Write-down Amount”).
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of such Liquidated Mortgage Loan, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced due Class of Certificates pursuant to application this Section 5.03. Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata, based on Principal Amount of the Certificates of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2005-Alt 1)
Allocation of Losses. (a) On or prior to each Distribution DateThe Group 2, Group 6, Group C-B and Class A-P Certificates. Realized Losses on the Master Servicer shall aggregate the information provided by each Servicer Group 2 and Group 6 Mortgage Loans with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related any Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses Date shall be allocated by the Trust Administrator to the Classes of Group 2, Group 6, Group C-B and Class A-P Certificates as follows: :
(i) any Realized Loss on a Group 2 or Group 6 Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Classes of Subordinate Group C-B Certificates in reverse decreasing order of their respective numerical alphanumerical Class designations (beginning with the Class C-B-6 Certificates and ending with the Class B-1 Certificates) ), until the respective Class Principal Amount Balance of each such Class is reduced to zero; , and second, to each Class of the Senior Certificates relating related to such Loan Group (other than the Notional Amount Certificates), pro rata, on the basis of their respective Class Principal Balances; provided, however, that Realized Losses which would otherwise be allocated to the Mortgage Pool which sustained such loss (Class 2-A-3 Certificates will instead be allocated among to the related Senior Certificates on a pro rata basis), in each caseClass 2-A-4 Certificates, until the Class Principal Amount Balance of such the Class of Senior 2-A-4 Certificates is reduced to zero; provided, further, that Realized Losses which would otherwise be allocated to the Class 2-A-2 Certificates will instead be allocated to the Class 2-A-5 Certificates, until the Class Principal Balance of the Class 2-A-5 Certificates is reduced to zero; provided, further, that Realized Losses which would otherwise be allocated to the Class 6-A-8 Certificates will instead be allocated to the Class 6-A-9 Certificates, until the Class Principal Balance of the Class 6-A-9 Certificates is reduced to zero;
(ii) Excess Losses for the Group 2 and Group 6 Mortgage Loans will be allocated among all Classes of Group 2 and Group 6 Certificates (other than the Notional Amount Certificates) and the Group C-B Certificates, pro rata, based on their respective Class Principal Balances.
(b) The Group 1, Group 3, Group 4, Group 5, Group D-B and Class A-P Certificates. Realized Losses on the Group 1, Group 3, Group 4 and Group 5 Mortgage Loans with respect to any Distribution Date shall be allocated by the Trust Administrator to the Classes of Group 1, Group 3, Group 4, Group 5, Group D-B and Class A-P Certificates as follows:
(i) except as provided in the parenthetical below, any Realized Loss on a Group 1, Group 3, Group 4 or Group 5 Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Group D-B Certificates in decreasing order of their alphanumerical Class designations (beginning with the Class D-B-7 Certificates), until the respective Class Principal Balance of each such Class is reduced to zero, and second, to the Senior Certificates related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder for the loss will be allocated as described above); provided, however, that the amount of Realized Losses calculated above that which would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of A-1 Certificates will instead be allocated to the Class Principal Amount thereof1-A-2 Certificates, until the Class Principal Amount Balance of the Class 1-A2 A-2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that which would otherwise reduce be allocated to the Class Principal Amount of 3-A-1 Certificates will instead be allocated to the Class 23-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates A-2 Certificates, until the Class Principal Amount Balance of the Class 23-A2 A-2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that which would otherwise reduce be allocated to the Class Principal Amount of 4-A-1 Certificates will instead be allocated to the Class 34-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates A-11 Certificates, until the Class Principal Amount Balance of the Class 34-A2 A-11 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that which would otherwise reduce be allocated to the Class 4-A-4 Certificates will instead be allocated to the Class 4-A-10 Certificates, until the Class Principal Amount Balance of the Class 4-A1 A-10 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and ; provided, further, that the amount of Realized Losses calculated above that which would otherwise reduce be allocated to the Class 5-A-6 Certificates will instead be allocated to the Class 5-A-7 Certificates, until the Class Principal Amount Balance of the Class 5-A1 A-7 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been is reduced to zero;
(ii) Excess Losses for the Group 1, before reducing Group 3, Group 4 and Group 5 Mortgage Loans will be allocated among all Classes of Group 1, Group 3, Group 4 and Group 5 Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group D-B Certificates, pro rata, based on their respective Class Principal Amount Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder of the Class 5-A1 Certificatesloss will be allocated as described above).
(c) On each Distribution Date, if the aggregate Class Principal Amount Balance of all Group 2, Group 6 and Group C-B Certificates exceeds the aggregate Stated Principal Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates Group 2 and Group 6 Mortgage Loans (after giving effect to the distribution distributions of principal and the allocation of all losses to such Certificates on such Distribution Date) ), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group C-B Certificates then outstanding, in reduction of its Class Principal Balance. On each Distribution Date, if the aggregate Class Principal Balance of all Group 1, Group 3, Group 4, Group 5, Group D-B and Class A-P Certificates exceeds the Aggregate aggregate Stated Principal Balance for of the following Group 1, Group 3, Group 4 and Group 5 Mortgage Loans (after giving effect to distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group D-B Certificates then outstanding, in reduction of its Class Principal Balance.
(d) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Balance of a loss Certificate pursuant to this section to a Class of Certificates Section 4.02 shall be achieved accomplished by reducing its Certificate Balance, immediately following the Class Principal Amount thereof by distributions made on the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, related Distribution Date in accordance with Section 5.02, and the Class Principal Amount definition of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery“Certificate Balance.”
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-2)
Allocation of Losses. (a) On or prior to each Distribution DateThe Group I, Group II, Group C-B and Class A-P Certificates. Realized Losses on the Master Servicer shall aggregate the information provided by each Servicer Group I and Group II Mortgage Loans with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related any Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses Date shall be allocated by the Trust Administrator to the Classes of Group I, Group II, Group C-B and Class A-P Certificates as follows: :
(i) except as provided in the parenthetical below, any Realized Loss on a Group I or Group II Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Classes of Subordinate Group C-B Certificates in reverse decreasing order of their respective numerical alphanumerical Class designations (beginning with the Class C-B-6 Certificates and ending with the Class B-1 Certificates) ), until the respective Class Principal Amount Balance of each such Class is reduced to zero; , and second, to each Class of the Senior Certificates relating related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Mortgage Pool which sustained such Class A-P Certificates and the remainder for the loss (will be allocated among the related Senior Certificates on a pro rata basisas described above), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of (A) Realized Losses calculated above that which would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1I-A2 A-3 Certificates, in reduction of will instead be allocated to the Class Principal Amount thereofI-A-6 Certificates, until the Class Principal Amount Balance of the Class 1I-A2 A-6 Certificates has been is reduced to zero and (B) Realized Losses which would otherwise be allocated to the Class II-A-1 Certificates, will instead be allocated to the Class II-A-2 Certificates, until the Class Principal Balance of the Class II-A-2 Certificates is reduced to zero;
(ii) Excess Losses for the Group I and Group II Mortgage Loans will be allocated among all Classes of Group I and Group II Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group C-B Certificates, pro rata, based on their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder of the loss will be allocated as described above).
(b) The Group III, Group IV, Group V, Group D-B and Class A-P Certificates. Realized Losses on the Group III, Group IV and Group V Mortgage Loans with respect to any Distribution Date shall be allocated by the Trust Administrator to the Classes of Group III, Group IV, Group V, Group D-B and Class A-P Certificates as follows:
(i) except as provided in the parenthetical below, any Realized Loss on a Group III, Group IV or Group V Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Group D-B Certificates in decreasing order of their alphanumerical Class designations (beginning with the Class D-B-6 Certificates), until the respective Class Principal Balance of each such Class is reduced to zero, before reducing and second, to the Senior Certificates related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Amount Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class 1A-A1 CertificatesP Certificates and the remainder for the loss will be allocated as described above); provided, furtherhowever, that the amount of (A) Realized Losses calculated above that which would otherwise reduce be allocated to the Class Principal Amount of III-A-2 Certificates, will instead be allocated to the Class 2III-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates A-3 Certificates, until the Class Principal Amount Balance of the Class 2III-A2 A-3 Certificates has been is reduced to zero, before reducing (B) Realized Losses which would otherwise be allocated to the Class IV-A-1 and Class IV-A-2 Certificates, up to an amount equal to 21.20% and 78.80%, respectively, of the Class Principal Amount Balance of the Class 2IV-A1 Certificates; providedA-3 Certificates for such Distribution Date, furtherand up to a maximum of $1,232,500 and $4,580,545, that the amount of Realized Losses calculated above that would otherwise reduce respectively, will instead be allocated to the Class Principal Amount of the Class 3IV-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates A-3 Certificates, until the Class Principal Amount Balance of the Class 3IV-A2 A-3 Certificates has been is reduced to zero, before reducing (C) Realized Losses which would otherwise be allocated to the Class Principal Amount of V-A-7 Certificates, will instead be allocated to the Class 3V-A1 A-8 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount Balance of the Class 4V-A2 A-8 Certificates has been is reduced to zerozero and (D) Realized Losses which would otherwise be allocated to the Class V-A-4 and Class V-A-9 Certificates, before reducing up to an amount equal to 36.24% and 63.76%, respectively, of the Class Principal Amount Balance of the Class 4V-A1 A-10 Certificates for such Distribution Date, and providedup to a maximum of $938,616 and $1,651,384, furtherrespectively, that the amount of Realized Losses calculated above that would otherwise reduce will instead be allocated to the Class Principal Amount of the Class 5V-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates A-10 Certificates, until the Class Principal Amount Balance of the Class 5V-A2 A-10 Certificates has been is reduced to zero;
(ii) Excess Losses for the Group III, before reducing Group IV and Group V Mortgage Loans will be allocated among all Classes of Group III, Group IV and Group V Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group D-B Certificates, pro rata, based on their respective Class Principal Amount Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder of the Class 5-A1 Certificatesloss will be allocated as described above).
(c) On each Distribution Date, if the sum of (i) the aggregate Class Principal Balance of all Group I, Group II and Group C-B Certificates and (ii) the Class P Fraction of each Class P Mortgage Loan in Loan Group I exceeds the aggregate Stated Principal Amount Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates Group I and Group II Mortgage Loans (after giving effect to the distribution distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group C-B Certificates then outstanding, in reduction of its Class Principal Balance. On each Distribution Date, if the sum of (i) the aggregate Class Principal Balance of all Group III, Group IV, Group V and Group D-B Certificates and (ii) the Class P Fraction of each Class P Mortgage Loan in Loan Group IV and Loan Group V exceeds the Aggregate aggregate Stated Principal Balance for of the following Group III, Group IV and Group V Mortgage Loans (after giving effect to distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group D-B Certificates then outstanding, in reduction of its Class Principal Balance.
(d) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Balance of a loss Certificate pursuant to this section to a Class of Certificates Section 4.02 shall be achieved accomplished by reducing its Certificate Balance, immediately following the Class Principal Amount thereof by distributions made on the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, related Distribution Date in accordance with Section 5.02, and the Class Principal Amount definition of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery“Certificate Balance.”
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2005-9)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class III-A-1 Certificates will instead be borne first by the Class III-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class III-A-2 Certificates), and not by the Class III-A-1 Certificates, for so long as the Class Certificate Balance of the Class III-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized "Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation").
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Distribution DateThe Group 5, Group 6, Group 7, Group C-B, Class C-P and Class D-P Certificates. Realized Losses on the Master Servicer shall aggregate the information provided by each Servicer Group 5, Group 6 and Group 7 Mortgage Loans with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related any Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses Date shall be allocated by the Trust Administrator to the Classes of Group 5, Group 6, Group 7, Group C-B, Class C-P and Class D-P Certificates as follows: :
(i) except as provided in the parenthetical below, any Realized Loss on a Group 5, Group 6 or Group 7 Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Classes of Subordinate Group C-B Certificates in reverse decreasing order of their respective numerical alphanumerical Class designations (beginning with the Class C-B-6 Certificates and ending with the Class B-1 Certificates) ), until the respective Class Principal Amount Balance of each such Class is reduced to zero; , and second, to each Class of the Senior Certificates relating related to such Loan Group (other than the Notional Amount Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Mortgage Pool Class C-P or Class D-P Certificates, as applicable, and the remainder of the loss will be allocated as described above); provided, however, that Realized Losses which sustained such loss (would otherwise be allocated among to the related Senior Class 6-A-1 Certificates on a pro rata basis), in each casewill instead be allocated to the Class 6-A-2 Certificates, until the Class Principal Balance of the Class 6-A-2 Certificates is reduced to zero;
(ii) except as provided in parenthetical below, Excess Losses for the Group 5, Group 6 and Group 7 Mortgage Loans will be allocated among all Classes of Group 5, Group 6 and Group 7 Certificates (other than the Notional Amount Certificates) and the Group C-B Certificates, pro rata, based on their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class C-P and Class D-P Certificates, as applicable, and the remainder of the loss will be allocated as described above).
(b) The Group 1, Group 2, Group 3, Group 4, Group 8, Group 9, Group 10, Group D-B and Class D-P Certificates. Realized Losses on the Group 1, Group 2, Group 3, Group 4, Group 8, Group 9 and Group 10 Mortgage Loans with respect to any Distribution Date shall be allocated by the Trust Administrator to the Classes of Group 1, Group 2, Group 3, Group 4, Group 8, Group 9, Group 10, Group D-B and Class D-P Certificates as follows:
(i) except as provided in the parenthetical below, any Realized Loss on a Group 1, Group 2, Group 3, Group 4, Group 8, Group 9 and Group 10 Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Group D-B Certificates in decreasing order of their alphanumerical Class designations (beginning with the Class D-B-10 Certificates), until the respective Class Principal Balance of each such Class is reduced to zero, and second, to the Senior Certificates related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class D-P Certificates and the remainder for the loss will be allocated as described above); provided, however, that Realized Losses which would otherwise be allocated to the Class 3-A-1 Certificates will instead be allocated to the Class 3-A-2 Certificates, until the Class Principal Balance of the Class 3-A-2 Certificates is reduced to zero; provided, howeverfurther, that the amount of Realized Losses calculated above that which would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 110-A2 Certificates, in reduction of A-1 Certificates will instead be allocated to the Class Principal Amount thereof10-A-2 Certificates, until the Class Principal Amount Balance of the Class 110-A2 A-2 Certificates has been is reduced to zero;
(ii) except as provided in the parenthetical below, before reducing Excess Losses for the Group 1, Group 2, Group 3, Group 4, Group 8, Group 9 and Group 10 Mortgage Loans will be allocated among all Classes of Group 1, Group 2, Group 3, Group 4, Group 8, Group 9 and Group 10 Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group D-B Certificates, pro rata, based on their respective Class Principal Amount Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class D-P Certificates and the remainder of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates loss will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificatesbe allocated as described above).
(c) On each Distribution Date, if the sum of (a) the aggregate Class Principal Amount Balance of all Group 5, Group 6, Group 7, Group C-B and Class C-P Certificates and (b) the applicable Class P Fraction of each Class P Mortgage Loan in Loan Group 6 exceeds the aggregate Stated Principal Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)Group 5, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates Group 6 and Group 7 Mortgage Loans (after giving effect to the distribution distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group C-B Certificates then outstanding, in reduction of its Class Principal Balance. On each Distribution Date, if the sum of (a) the aggregate Class Principal Balance of all Group 1, Group 2, Group 3, Group 4, Group 8, Group 9, Group 10 and Group D-B Certificates and (b) the applicable Class P Fraction of each Class P Mortgage Loan in Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 10 exceeds the Aggregate aggregate Stated Principal Balance for of the following Group 1, Group 2, Group 3, Group 4, Group 8, Group 9 and Group 10 Mortgage Loans (after giving effect to distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group D-B Certificates then outstanding, in reduction of its Class Principal Balance.
(d) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Balance of a loss Certificate pursuant to this section to a Class of Certificates Section 4.02 shall be achieved accomplished by reducing its Certificate Balance, immediately following the Class Principal Amount thereof by distributions made on the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, related Distribution Date in accordance with Section 5.02, and the Class Principal Amount definition of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery“Certificate Balance.”
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-4)
Allocation of Losses. (a) On each Distribution Date on or prior to each Distribution Datea Section 7.01(d) Purchase Event, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amounts of the Offered Certificates shall be reduced by the amount of any Applied Loss Amount for such date, in the following order of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating priority:
(i) to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each caseClass M8 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(ii) to the Class M7 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iii) to the Class M6 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Class M5 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(v) to the Class M4 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(vi) to the Class M3 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(vii) to the Class M2 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(viii) to the Class M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero; and
(ix) to the extent of any Applied Loss Amounts, to the Senior Certificates is (other than the Class AIO Certificates), pro rata, based on their respective Class Principal Amounts, until their respective Class Principal Amounts are reduced to zero; provided, however, that any Applied Loss Amounts otherwise allocable to the amount Class A1, Class A2, Class A3 and Class A4 Certificates will be applied in reduction of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 A5 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 A5 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 A1, Class A2, Class A3 and Class A4 Certificates; , pro rata, provided, furtherhowever, that any Applied Loss Amounts otherwise allocable to the amount Class A3 Certificates will be applied in reduction of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates A4 Certificates, until the Class Principal Amount of the Class 2-A2 A4 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 A3 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Sources: Trust Agreement (LXS 2007-8h)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related with respect to any Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses Date shall be allocated by the Trust Administrator to the Certificates as follows: :
(a) except as provided in the parenthetical below, any Realized Loss on a Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Classes of Subordinate Group C-B Certificates in reverse decreasing order of their respective numerical alphanumerical Class designations (beginning with the Class C-B-6 Certificates and ending with the Class B-1 Certificates) ), until the respective Class Principal Amount Balance of each such Class is reduced to zero; , and second, to each Class of the Senior Certificates relating related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in that case the applicable Class P Fraction of such loss will first be allocated to the Mortgage Pool which sustained such Class A-P Certificates and the remainder for the loss (will be allocated among as described above); provided, however, that Realized Losses that would otherwise be allocated to the related Senior Class 1-A-1 Certificates on a pro rata basis), in each casewill instead be allocated to the Class 1-A-2 Certificates, until the Class Principal Amount Balance of such the Class of Senior 1-A-2 Certificates is reduced to zero; provided, howeverfurther, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of A-3 Certificates will instead be allocated to the Class Principal Amount thereof1-A-5 Certificates, until the Class Principal Amount Balance of the Class 1-A2 A-5 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce be allocated to the Class Principal Amount of 1-A-4 Certificates will instead be allocated to the Class 21-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates A-6 Certificates, until the Class Principal Amount Balance of the Class 21-A2 A-4 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce be allocated to the Class 3-A-1 Certificates will instead be allocated to the Class 3-A-2 Certificates, until the Class Principal Amount Balance of the Class 3-A1 A-2 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce be allocated to the Class Principal Amount of 5-A-1 Certificates will instead be allocated to the Class 45-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates A-2 Certificates, until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount Balance of the Class 5-A1 A-2 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been is reduced to zero, before reducing ;
(b) Excess Losses for the Mortgage Loans shall be allocated among all Classes Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group C-B Certificates, pro rata, based on their respective Class Principal Amount Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Class A-P Certificates and the remainder of the Class 5-A1 Certificatesloss will be allocated as described above).
(c) On each Distribution Date, if the aggregate Class Principal Amount Balance of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which exceeds the aggregate Stated Principal Balance of the Class Principal Amounts of all outstanding Classes of Certificates Mortgage Loans (after giving effect to the distribution distributions of principal and the allocation of all losses to such Certificates on such Distribution Date) exceeds ), such excess will be deemed a principal loss and shall be allocated by the Aggregate Stated Trust Administrator to the most junior Class of Group C-B Certificates then outstanding, in reduction of its Class Principal Balance for the following Distribution DateBalance.
(d) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Balance of a loss Certificate pursuant to this section to a Class of Certificates Section 4.02 shall be achieved accomplished by reducing its Certificate Balance, immediately following the Class Principal Amount thereof by distributions made on the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, related Distribution Date in accordance with Section 5.02, and the Class Principal Amount definition of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery“Certificate Balance.”
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that from and after the Cross-over Date (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class IV-A-2 Certificates will instead be borne first by the Class IV-A-3 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class IV-A-3 Certificates), and not by the Class IV-A-2 Certificates, for so long as the Class Certificate Balance of the Class IV-A-3 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized "Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation").
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On each Distribution Date on or prior to each Distribution Datea Section 7.01(d) Purchase Event, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amounts of the Offered Certificates shall be reduced by the amount of any Applied Loss Amount for such date, in the following order of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating priority:
(i) to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each caseClass M10 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(ii) to the Class M9 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iii) to the Class M8 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(iv) to the Class M7 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(v) to the Class M6 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(vi) to the Class M5 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(vii) to the Class M4 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(viii) to the Class M3 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(ix) to the Class M2 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(x) to the Class M1 Certificates, until the Class Principal Amount of such Class has been reduced to zero;
(xi) concurrently
(1) to the extent of any Applied Loss Amounts allocable to Pool 1, to the Group 1 Senior Certificates is Certificates, pro rata, based on their respective Class Principal Amounts, until their respective Class Principal Amounts are reduced to zero; provided, however, that any Applied Loss Amounts otherwise allocable to the amount Class 1-A1A Certificates will be applied in reduction of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 A1B Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 A1B Certificates has been reduced to zero;
(2) to the extent of any Applied Loss Amounts allocable to Pool 2, before reducing to the Group 2 Senior Certificates, pro rata, based on their respective Class Principal Amount of the Amounts, until their respective Class 1-A1 CertificatesPrincipal Amounts are reduced to zero; provided, furtherhowever, that any Applied Loss Amounts otherwise allocable to the amount Class 2-A4A Certificates will be applied in reduction of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates A4B Certificates, until the Class Principal Amount of the Class 2-A2 A4B Certificates has been reduced to zero; and
(3) to the extent of any Applied Loss Amounts allocable to Pool 3, before reducing to the Group 3 Senior Certificates, pro rata, based on their respective Class Principal Amount of the Class 2-A1 Certificates; providedAmounts, further, that the amount of Realized Losses calculated above that would otherwise reduce the until their respective Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been Amounts are reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to against the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) Overcollateralization Amount until the Class Principal Overcollateralization Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero. If, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal the Principal Distribution Amount on any Distribution Date and the increase of any Certificate Principal Balances as a result of Subsequent Recoveries, the aggregate Certificate Principal Balance of the Offered Certificates and the Class B-1 Certificates exceeds the Pool Balance as of the end of the related Collection Period, after giving effect to Principal Prepayments in the related Prepayment Period, any Applied Realized Loss Amount for such Distribution Date) Date will be allocated against the Class B-1, Class M-9, Class M-8, Class M-7, Class M-6, Class M-5, Class M-4, Class M-3, Class M-2 and Class M-1 Certificates, in that order, until the respective Certificate Principal Balances thereof are reduced to zero. Special Hazard Losses will be allocated as described above, provided that if the cumulative amount of such losses, as of any date of determination, exceeds the Aggregate Stated Principal greatest of (i) 1.0% of the Pool Balance for as of the following Distribution Cut-off Date.
, (dii) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by two times the amount of such loss.
the principal balance of the largest Mortgage Loan as of the date of determination and (eiii) Subsequent Recoveries in respect an amount equal to the aggregate Principal Balances of the Mortgage Loans shall in the largest zip-code concentration in the State of California as of the date of determination, such excess will be distributed to the Certificates still outstanding, in accordance with Section 5.02, and allocated among the Class ▇-▇, ▇▇▇▇▇ ▇-▇, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class B-1 Certificates, pro rata, based on their respective Certificate Principal Amount Balances. For the avoidance of each Class of Certificates then outstanding that has been reduced due doubt, any losses allocated pursuant to application of a this paragraph shall not be reimbursed pursuant to Section 4.02(b) as Realized Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAmortization Amounts.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced Applied Loss Amounts on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated by the Securities Administrator to the Certificates as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with B-2 Certificates, until the Class B-6 Certificates and ending with Principal Amount of such Class is reduced to zero; second, to the Class B-1 Certificates) , until the Class Principal Amount of such Class is reduced to zero; third, to the Class M-2 Certificates, until the Class Principal Amount of such Class is reduced to zero; fourth, to the Class M-1 Certificates, until the Class Principal Amount of such Class is reduced to zero; and fifth, to the Senior Certificates, pro rata based on Class Principal Amount, until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1▇-A2 Certificates▇, in reduction of ▇▇▇▇▇ ▇-▇, Class A-3, Class A-4, Class A-5, Class A-6, Class A-7 and Class A-8 Certificates will instead be allocated to the Class Principal Amount thereofA-9 Certificates, until the Class Principal Amount of the Class 1-A2 A-9 Certificates has been reduced to zero and provided, further, however, that, after the class principal amount of the Class A-9 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce be allocated to the Class Principal Amount of A-1 Certificates will instead be allocated to the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates A-2 Certificates, until the Class Principal Amount of the Class 2-A2 A-2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.;
(b) [reserved]
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ed) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding that has in to which Realized Losses have been reduced due to application allocated in respect of a the related Liquidated Mortgage Loan, but in each case by not more than the amount of unreimbursed Applied Loss Amounts (either though previous distributions of Unpaid Realized Loss Amounts pursuant to Section 5.02(c) or increases in the Class Principal Amount of such Class pursuant to this Section 5.03(d)) previously allocated to that Class of Certificates pursuant to this Section 5.03. Holders of such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Principal Amount of each Certificate of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A4)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates of the related Certificate Group, pro rata, in accordance with their Class Certificate Balances; provided, that from and after the Cross-over Date (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class I-A-1 Certificates will instead be borne first by the Class I-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class I-A-2 Certificates), and not by the Class I-A-1 Certificates, for so long as the Class Certificate Balance of the Class I-A-2 Certificates is greater than zero, (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates, for so long as the Class Certificate Balance of the Class II-A-2 Certificates is greater than zero and (c) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class III-A-1 Certificates will instead be borne first by the Class III-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class III-A-2 Certificates), and not by the Class III-A-1 Certificates, for so long as the Class Certificate Balance of the Class III-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized "Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation").
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer the Servicers with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the related Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool in the Aggregate Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of any Realized Losses calculated above (i) on the Pool 1 Mortgage Loans that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of A-1 Certificates will instead be allocated to the Class Principal Amount thereof1-A-2 Certificates, until the Class Principal Amount of the Class 1-A2 A-2 Certificates has been reduced to zero, before reducing (ii) on the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above Pool 2 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 2-A1 A-1 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 2-A2 Certificates A-2 Certificates, until the Class Principal Amount of the Class 2-A2 A-2 Certificates has been reduced to zero, before reducing (iii) on the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above Pool 3 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 3-A1 A-3, Class 3-A-4 or Class 3-A-5 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 3-A2 Certificates A-2 Certificates, until the Class Principal Amount of the Class 3-A2 A-2 Certificates has been reduced to zero, before reducing and (iv) on the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above Pool 4 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 4-A1 A-1 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 4-A2 Certificates A-2 Certificates, until the Class Principal Amount of the Class 4-A2 A-2 Certificates has been reduce to zero.
(c) On each Distribution Date, any Excess Losses on the Mortgage Loans in a Mortgage Pool shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amounts and, with respect to each Class of the Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class relating to the Mortgage Pool in which such Excess Losses occurs; provided, however, on any Distribution Date after the third Senior Termination Date for the Aggregate Pool, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Senior Certificates and the Subordinate Certificates, pro rata, on the basis of their respective Class Principal Amounts; and provided, further, that after the Credit Support Depletion Date, such Excess Losses shall be allocated, pro rata, to all the Senior Certificates regardless of Certificate Group, on the basis of their respective Class Principal Amounts, until the respective Class Principal Amounts of each such Class are reduced to zero. Notwithstanding the foregoing, any Excess Losses (i) on the Pool 1 Mortgage Loans that would otherwise be allocated to the Class 1-A-1 Certificates will instead be allocated to the Class 1-A-2 Certificates, until the Class Principal Amount of the Class 1-A-2 Certificates has been reduced to zero, before reducing (ii) on the Pool 2 Mortgage Loans that would otherwise be allocated to the Class 2-A-1 Certificates will instead be allocated to the Class 2-A-2 Certificates, until the Class Principal Amount of the Class 2-A-2 Certificates has been reduced to zero, (iii) on the Pool 3 Mortgage Loans that would otherwise be allocated to the Class 3-A-3, Class 3-A-4 or Class 3-A-5 Certificates will instead be allocated to the Class 3-A-2 Certificates, until the Class Principal Amount of the Class 3-A-2 Certificates has been reduced to zero, and (iv) on the Pool 4 Mortgage Loans that would otherwise be allocated to the Class 4-A-1 Certificates will instead be allocated to the Class 4-A-2 Certificates, until the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 A-2 Certificates has been reduced reduce to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “related Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding related to the related Mortgage Pool, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced Class of Certificates pursuant to this Section 5.03 (net of previous increases to the Class Principal Amount due to application other Subsequent Recoveries). Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata, based on the Class Principal Amount of the Certificates of such Class.
Appears in 1 contract
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer Securities Administrator shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans Loan in the related Aggregate Loan Group for the related Distribution Date, separately identifying Realized Losses on the Mortgage Loans in each Loan Group.
(b) On each Distribution Date, the principal portion of Realized Losses with respect to the Mortgage Loans on any Distribution Date shall be allocated as follows: first:
(i) any Applied Loss Amounts on the Group 1 Mortgage Loans shall be allocated first to the Class OC Certificates, until its Class Principal Balance is reduced to zero, and second, to the Group 1 Subordinated Certificates in reverse order of their respective priorities of payment (beginning with the Class of Class 1-B Certificates then outstanding with the highest numerical Class designation or, if no Classes of Subordinate Class 1-B Certificates are outstanding, then beginning with the Class of Class 1-M Certificates then outstanding with the highest numerical Class designation) until the respective Class Principal Balance of each such Class is reduced to zero; and
(ii) (A) any Realized Loss (other than an Excess Loss) shall be allocated first to the Aggregate Group II Subordinated Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinated Certificates and ending then outstanding with the highest numerical Class B-1 Certificatesdesignation) until the respective Class Principal Balance of each such Class is reduced to zero, and second to the Aggregate Group II Senior Certificates (other than any Notional Amount Certificates, if applicable), pro rata on the basis of their respective Class Principal Balances or, in the case of any Class of Accrual Certificates or Accrual Component, on the basis of the lesser of their Class Principal Balance or Component Balance, as applicable, and their initial Class Principal Balance or Component Balance, as applicable, in each case immediately prior to the related Distribution Date until the respective Class Principal Balance of each such Class is reduced to zero; and secondprovided, to each Class of Senior Certificates relating that (x) any Realized Losses other than Excess Losses on the Group 3 Mortgage Loans that would otherwise be allocated to the Mortgage Pool which sustained such loss (Class 3-A-1 or Class 3-A-2 Certificates will instead be allocated among the related Senior Certificates on a pro rata basis), in each case, until to the Class 3-A-3 Certificates until its Class Principal Amount of such Balance is reduced to zero and (y) any Realized Losses other than Excess Losses on the Group 4 Mortgage Loans that would otherwise be allocated to the Class of Senior 4-A-1 Certificates will instead be allocated to the Class 4-A-2 Certificates until its Class Principal Balance is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.and
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery.
(f) The Classes of Exchangeable Certificates outstanding on any Distribution Date shall bear the share of Realized Losses and interest shortfalls allocable to such Class of Certificates as provided in this Section 5.03. Any Classes of Exchanged Certificates outstanding on any Distribution Date will be allocated the Realized Losses and interest shortfalls that would be allocable to each of the Classes of related Exchangeable Certificates in a Combination Group pursuant to this Section 5.03 and the definition of Accrued Certificate Interest were such Classes of Exchangeable Certificates outstanding on such date. Realized Losses and the amount of any Certificate Writedown Amount allocated by this Section to a Class of Certificates shall be allocated to the corresponding Lower-Tier Interests and Upper-Tier Interests and shall reduce the Class Principal Amount of such Lower-Tier Interests and Upper-Tier Interests to the same extent that the Class Principal Amount of such corresponding Class of Certificates is reduced pursuant to the provisions of this Section. Subsequent Recoveries distributed to a Class of Certificates pursuant to the provisions of subsection 5.03(e) shall be deemed to have been distributed to the corresponding Lower-Tier Interests and Upper-Tier Interests. To the extent that the Class Principal Amount of any Class of Certificates has been increased on account of Subsequent Recoveries pursuant to the provisions of subsection 5.03(e), the principal balance of the corresponding Lower-Tier Interests and Upper-Tier Interests shall be increased by the same amount.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Sequoia Mortgage Funding Corp)
Allocation of Losses. (a) On or prior to each Distribution DateThe Group I, Group II, Group C-B and Class A-P Certificates. Realized Losses on the Master Servicer shall aggregate the information provided by each Servicer Group I and Group II Mortgage Loans with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related any Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses Date shall be allocated by the Trust Administrator to the Classes of Group I, Group II, Group C-B and Class A-P Certificates as follows: :
(i) any Realized Loss on a Group I or Group II Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Classes of Subordinate Group C-B Certificates in reverse decreasing order of their respective numerical alphanumerical Class designations (beginning with the Class C-B-6 Certificates and ending with the Class B-1 Certificates) ), until the respective Class Principal Amount Balance of each such Class is reduced to zero; , and second, to each Class of the Senior Certificates relating related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the Mortgage Pool applicable Class P Certificates and the remainder for the loss will be allocated as described above); provided, however, (i) Realized Losses which sustained would otherwise be allocated to the Class I-A-4 Certificates, up to an amount equal to 87.97% of the Class Principal Balance of the Class I-A-21 Certificates for such loss (Distribution Date, and up to a cumulative aggregate amount of $3,844,521, will instead be allocated among to the related Senior Certificates on a pro rata basis), in each caseClass I-A-21 Certificates, until the Class Principal Amount Balance of the Class I-A-21 Certificates is reduced to zero and (ii) Realized Losses which would otherwise be allocated to the Class I-A-18 Certificates, up to an amount equal to 12.03% of the Class Principal Balance of the Class I-A-21 Certificates for such Distribution Date, and up to a cumulative aggregate amount of $525,743, will instead be allocated to the Class I-A-21 Certificates, until the Class Principal Balance of Senior the Class I-A-21 Certificates is reduced to zero; and
(ii) Excess Losses for the Group I and Group II Mortgage Loans will be allocated among all Classes of Group I and Group II Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group C-B Certificates, pro rata, based on their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the applicable Class P Certificates and the remainder of the loss will be allocated as described above).
(b) The Group III, Group IV, Group V, Group VI, Group VII, Group VIII, Group D-B, Class A-P and Class D-P Certificates. Realized Losses on the Group III, Group IV, Group V, Group VI, Group VII and Group VIII Mortgage Loans with respect to any Distribution Date shall be allocated by the Trust Administrator to the Classes of Group III, Group IV, Group V, Group VI, Group VII, Group VIII, Group D-B, Class A-P and Class D-P Certificates as follows:
(i) any Realized Loss on a Group III, Group IV, Group V, Group VI, Group VII or Group VIII Mortgage Loan, other than an Excess Loss, shall be allocated first, to the Group D-B Certificates in decreasing order of their alphanumerical Class designations (beginning with the Class D-B-7 Certificates), until the respective Class Principal Balance of each such Class is reduced to zero, and second, to the Senior Certificates related to such Loan Group (other than the Notional Amount Certificates and the Class P Certificates), pro rata, on the basis of their respective Class Principal Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the applicable Class P Certificates and the remainder for the loss will be allocated as described above); provided, however, that the amount of (i) Realized Losses calculated above that which would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1III-A2 Certificates, in reduction of A-4 Certificates will instead be allocated to the Class Principal Amount thereofIII-A-9 Certificates, until the Class Principal Amount Balance of the Class 1III-A2 A-9 Certificates has been is reduced to zero, before reducing zero and (ii) Realized Losses which would otherwise be allocated to the Class Principal Amount of III-A-1 Certificates will instead be allocated to the Class 1III-A1 A-13 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount Balance of the Class 2III-A2 A-13 Certificates has been is reduced to zero; and
(ii) Excess Losses for the Group III, before reducing Group IV, Group V, Group VI, Group VII and Group VIII Mortgage Loans will be allocated among all Classes of Group III, Group IV, Group V, Group VI, Group VII and Group VIII Certificates (other than the Notional Amount Certificates and the Class P Certificates) and the Group D-B Certificates, pro rata, based on their respective Class Principal Amount Balances (except if the loss is recognized with respect to a Class P Mortgage Loan, in which case the applicable Class P Fraction of such loss will first be allocated to the applicable Class P Certificates and the remainder of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates loss will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificatesbe allocated as described above).
(c) On each Distribution Date, if the sum of (i) the aggregate Class Principal Balance of all Group I, Group II and Group C-B Certificates and (ii) the Class Principal Amount II-P Fraction of the each Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which II-P Mortgage Loan exceeds the aggregate Stated Principal Balance of the Class Principal Amounts of all outstanding Classes of Certificates Group I and Group II Mortgage Loans (after giving effect to the distribution distributions of principal and the allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group C-B Certificates then outstanding, in reduction of its Class Principal Balance. On each Distribution Date, if the sum of (i) the aggregate Class Principal Balance of all Group III, Group IV, Group V, Group VI, Group VII, Group VIII, Class D-P and Group D-B Certificates, (ii) the Class VII-P Fraction of each Class VII-P Mortgage Loan and (iii) the Class VIII-P Fraction of each Class VIII-P Mortgage Loan exceeds the Aggregate aggregate Stated Principal Balance for of Group III, Group IV, Group V, Group VI, Group VII and Group VIII Mortgage Loans (after giving effect to distributions of principal and the following allocation of all losses to such Certificates on such Distribution Date), such excess will be deemed a principal loss and shall be allocated by the Trust Administrator to the most junior Class of Group D-B Certificates then outstanding, in reduction of its Class Principal Balance.
(d) Any allocation by the Trust Administrator of Realized Losses to a Certificate or any reduction in the Certificate Balance of a loss Certificate pursuant to this section to a Class of Certificates Section 4.02 shall be achieved accomplished by reducing its Certificate Balance, immediately following the Class Principal Amount thereof by distributions made on the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstanding, related Distribution Date in accordance with Section 5.02, and the Class Principal Amount definition of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent Recovery“Certificate Balance.”
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certificates Ser 2003 23)
Allocation of Losses. (a) On or prior to each Distribution Determination Date, the Master Servicer shall aggregate determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month, based on information provided by each Servicer with respect to the total amount of Realized Losses experienced on the Mortgage Loans for the related Distribution DateServicer.
(b) On each With respect to any Group I Certificates (other than the Interest Only Certificates) on any Distribution Date, the principal portion of each Realized Losses Loss on a Group I Mortgage Loan shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with I-B-6 Certificates, until the Current Principal Amount thereof has been reduced to zero; second, to the Class B-6 Certificates and ending with I-B-5 Certificates, until the Current Principal Amount thereof has been reduced to zero; third, to the Class B-1 I-B-4 Certificates) , until the Class Current Principal Amount of each such thereof has been reduced to zero; fourth, to the Class is I-B-3 Certificates, until the Current Principal Amount thereof has been reduced to zero; fifth, to the Class I-B-2 Certificates, until the Current Principal Amount thereof has been reduced to zero; and secondsixth, to each the Class I-B-1 Certificates, until the Current Principal Amount thereof has been reduced to zero. Thereafter, the principal portion of Realized Losses on the Group I-1, Group I-2 and Group I-3 Mortgage Loans will be allocated on any Distribution Date to the Class or Classes of Senior Certificates relating of the related Certificate Group, pro rata, based upon their respective Current Principal Amounts; provided, that the principal portion of Realized Losses allocable to the Mortgage Pool which sustained such loss (allocated among the related Senior Class I-1-A-1 Certificates on a pro rata basis), in each case, Distribution Date will first be allocated to the Class I-1-A-2 Certificates until the Class Current Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing and then to the Class Class, I-1-A-1 Certificates, until the Current Principal Amount of the Class 1-A1 Certificatesthere has been reduced to zero; provided, provided further, that the amount principal portion of Realized Losses calculated above that would otherwise reduce allocable to the Class I-2-A-1 Certificates on a Distribution Date will first be allocated to the Class I-2-A-2 Certificates until the Current Principal Amount of the such Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing and then to the Class Class, I-2-A-1 Certificates, until the Current Principal Amount of the Class 2-A1 Certificatesthere has been reduced to zero; provided, provided further, that the amount principal portion of Realized Losses calculated above that would otherwise reduce allocable to the Class I-3-A-1 Certificates on a Distribution Date will first be allocated to the Class I-3-A-2 Certificates until the Current Principal Amount of the such Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing and then to the Class, I-3-A-1 Certificates, until the Current Principal Amount there has been reduced to zero. Once the Group I-1, Group I-2 or Group I-3 Senior Certificates have been reduced to zero, the principal portion of Realized Losses on the Mortgage Loans in the related Loan Group (if any) will be allocated on a pro rata basis to the remaining Group I Senior Certificates of the other Certificate Groups.
(c) With respect to any Group II Certificates on any Distribution Date, the principal portion of each Realized Loss on a Group II Mortgage Loan shall be allocated as follows: first, to the Class II-B-6 Certificates, until the Current Principal Amount thereof has been reduced to zero; second, to the Class II-B-5 Certificates, until the Current Principal Amount thereof has been reduced to zero; third, to the Class II-B-4 Certificates, until the Current Principal Amount thereof has been reduced to zero; fourth, to the Class II-B-3 Certificates, until the Current Principal Amount thereof has been reduced to zero; fifth, to the Class II-B-2 Certificates, until the Current Principal Amount thereof has been reduced to zero; and sixth, to the Class II-B-1 Certificates, until the Current Principal Amount thereof has been reduced to zero. Thereafter, the principal portion of Realized Losses on the Group II-1, Group II-2, Group II-3, Group II-4 and Group II-5 Mortgage Loans will be allocated on any Distribution Date to the Class or Classes of Senior Certificates of the related Certificate Group, pro rata, based upon their respective Current Principal Amounts; provided, that the principal portion of Realized Losses allocable to the Class II-2-A-1 Certificates on a Distribution Date will first be allocated to the Class II-2-A-2 Certificates until the Current Principal Amount of the such Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing and then to the Class Class, II-2-A-1 Certificates, until the Current Principal Amount of the Class 4-A1 Certificates and provided, there has been reduced to zero; provided further, that the amount principal portion of Realized Losses calculated above that would otherwise reduce allocable to the Class II-3-A-1 Certificates on a Distribution Date will first be allocated to the Class II-3-A-2 Certificates until the Current Principal Amount of the such Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before and then to the Class, II-3-A-1 Certificates, until the Current Principal Amount there has been reduced to zero. Once the Group II-1, Group II-2, Group II-3, Group II-4 or Group II-5 Senior Certificates have been reduced to zero, the principal portion of Realized Losses on the Mortgage Loans in the related Loan Group (if any) will be allocated on a pro rata basis to the remaining Group II Senior Certificates of the other Certificate Groups.
(d) Notwithstanding the foregoing clause (c), no such allocation of any Realized Loss shall be made on a Distribution Date to any Class of Group I Certificates to the extent that such allocation would result in the reduction of the aggregate Current Principal Amounts of all the Group I Certificates (other than the Class R-I Certificates) as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on the Group I Mortgage Loans on such date, to an amount less than the aggregate Scheduled Principal Balance of all of the Group I Mortgage Loans as of the first day of the month of such Distribution Date (such limitation, the “Group I Loss Allocation Limitation”), and (y) the foregoing clause (c), no such allocation of any Realized Loss shall be made on a Distribution Date to any Class of Group II Certificates to the extent that such allocation would result in the reduction of the aggregate Current Principal Amounts of all the Group II Certificates (other than the Class R-II Certificates and Class R-III Certificates) as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on the Group II Mortgage Loans on such date, to an amount less than the aggregate Scheduled Principal Balance of all of the Group II Mortgage Loans as of the first day of the month of such Distribution Date (such limitation, the “Group II Loss Allocation Limitation”).
(e) Any Realized Losses allocated to a Class of Certificates shall be allocated among the Certificates of such Class in proportion to their respective Current Principal Amounts. Any allocation of Realized Losses shall be accomplished by reducing the Class Current Principal Amount of the Class 5-A1 Certificatesrelated Certificates on the related Distribution Date.
(cf) Realized Losses shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to distributions made on such Distribution Date.
(g) On each Distribution Date, the Class Principal Amount Securities Administrator shall determine and notify the Paying Agent of the Class of Group I Subordinate Certificates then outstanding with Certificate Writedown Amount and the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Group II Subordinate Certificate Writedown Amount”). Any Group I Subordinate Certificate Writedown Amount shall effect a corresponding reduction in the Current Principal Amount of (i) if prior to the Group I Cross-Over Date, if any, by which the aggregate of the Class Current Principal Amounts of all outstanding Classes the Group I Subordinate Certificates, in the reverse order of their numerical Class designations and (ii) from and after the Group I Cross-Over Date, the Group I Senior Certificates in accordance with priorities set forth in clause (b) above, which reduction shall occur on such Distribution Date after giving effect to the distribution of principal distributions made on such Distribution Date. Any Group II Subordinate Certificate Writedown Amount shall effect a corresponding reduction in the Current Principal Amount of (i) exceeds if prior to the Aggregate Stated Group II Cross-Over Date, the Current Principal Balance for Amounts of the following Group II Subordinate Certificates, in the reverse order of their numerical Class designations and (ii) from and after the Group II Cross-Over Date, the Group II Senior Certificates in accordance with priorities set forth in clause (c) above, which reduction shall occur on such Distribution Date after giving effect to distributions made on such Distribution Date.
(dh) Any allocation of a loss pursuant to this section to a Class Net Interest Shortfall will be allocated among the Classes of Certificates shall (other than the Residual Certificates) in proportion to the respective amounts of Accrued Certificate Interest that would have been allocated thereto in the absence of such Net Interest Shortfall for such Distribution Date. The interest portion of any Realized Losses with respect to the Group I Mortgage Loans or Group II Mortgage Loans occurring on or prior to the Group I Cross-Over Date or Group II Cross-Over Date, respectively, will not be achieved by reducing the Class Principal Amount thereof by allocated among any Certificates, but will reduce the amount of such loss.
(e) Subsequent Recoveries in respect Group I Available Funds or Group II Available Funds, respectively, on the related Distribution Date. As a result of the subordination of the Group I Subordinate Certificates and Group II Subordinate Certificates in right of distribution, such Realized Losses on the Group I Mortgage Loans shall and Group II Mortgage Loans will be distributed borne by the Group I Subordinate Certificates and Group II Subordinate Certificates, respectively, in inverse order of their numerical Class designations. Following the Group I Cross-Over Date, the interest portion of Realized Losses on the Group I Mortgage Loans will be allocated to the Group I Senior Certificates still outstandingin the manner described in the first sentence of this clause (i). Following the Group II Cross-Over Date, in accordance with Section 5.02, and the Class Principal Amount interest portion of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss Losses on the Group II Mortgage Loans will be increased, allocated to the Group II Senior Certificates in order the manner described in the first sentence of seniority, by the amount of such Subsequent Recoverythis clause (i).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Arm Trust 2005-12)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of any Realized Losses calculated above that would (other than Excess Losses) in (a) Pool 1 otherwise reduce the Class Principal Amount of allocable to the Class 1-A1 A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-4 Certificates will shall be allocated to the Class 1-A2 A-5 Certificates, in reduction of the until its Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would (b) Pool 2 otherwise reduce the Class Principal Amount of allocable to the Class 2-A1 A-1, Class 2-A-2, Class 2-A-3, Class 2-A-4 and Class 2-A-5 Certificates will first reduce the Class Principal Amount of shall be allocated to the Class 2-A2 Certificates A-6 Certificates, until the its Class Principal Amount of the Class 2-A2 Certificates has been is reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would and (c) Pool 3 otherwise reduce the Class Principal Amount of allocable to the Class 3-A1 A-1 Certificates will first reduce the Class Principal Amount of shall be allocated to the Class 3-A2 Certificates A-2 Certificates, until the its Class Principal Amount of the Class 3-A2 Certificates has been is reduced to zero;
(c) On each Distribution Date, before reducing any Excess Losses on the Mortgage Loans in a Mortgage Pool shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amount Amounts and, with respect to each Class of Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class 3-A1 Certificatesrelating to the Mortgage Pool in which such Excess Losses occurs; provided, furtherhowever, that on any Distribution Date after the amount third Senior Termination Date, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Senior Certificates and Subordinate Certificates on the basis of Realized Losses calculated above that would otherwise reduce the their respective Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates Amounts; and provided, further, that after the amount Credit Support Depletion Date, such Excess Losses shall be allocated pro rata to all Senior Certificates regardless of Realized Losses calculated above that would otherwise reduce Certificate Group, on the basis of their respective Class Principal Amount of Amounts immediately prior to the Class 5-A1 Certificates will first reduce related Distribution Date, until the respective Class Principal Amount Amounts of the each such Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been are reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)amount, if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal and allocation of Realized Losses on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the Aggregate Pool for the following Distribution Date (such amount for any Distribution Date, the “Subordinate Certificate Write-down Amount”).
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of such Liquidated Mortgage Loan, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced due Class of Certificates pursuant to application this Section 5.03. Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata based on the Principal Amount of the Certificates of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2005-A7)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to the total amount of Realized Losses experienced Applied Loss Amounts on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses shall be allocated by the Securities Administrator to the Certificates as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 B-3 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; providedsecond, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 B-2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the such Class 1-A2 Certificates has been is reduced to zero; third, before reducing to the Class Principal Amount of the Class 1-A1 B-1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the such Class 2-A2 Certificates has been is reduced to zero; fourth, before reducing to the Class Principal Amount of the Class 2-A1 M-6 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the such Class 3-A2 Certificates has been is reduced to zero; fifth, before reducing to the Class Principal Amount of the Class 3-A1 M-5 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the such Class 4-A2 Certificates has been is reduced to zero, before reducing ; sixth to the Class Principal Amount of the Class 4-A1 Certificates and providedM-4 Certificates, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the such Class 5-A2 Certificates has been is reduced to zero; seventh, before reducing to the Class M-3 Certificates, until the Class Principal Amount of such Class is reduced to zero; eighth to the Class 5-A1 M-2 Certificates.
(c) On each Distribution Date, until the Class Principal Amount of such Class is reduced to zero; ninth, to the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”)M-1 Certificates, if any, by which the aggregate of until the Class Principal Amounts Amount of all outstanding Classes of Certificates (after giving effect such Class is reduced to zero; tenth, to the distribution Class A-2 Certificates, until the Class Principal Amount of principal on such Distribution Date) exceeds Class is reduced to zero; and eleventh, to the Aggregate Stated Class A-1 Certificates, until the Class Principal Balance for the following Distribution DateAmount of such Class is reduced to zero.
(db) [reserved]
(c) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ed) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding that has in to which Realized Losses have been reduced due to application allocated in respect of a the related Liquidated Mortgage Loan, but in each case by not more than the amount of unreimbursed Applied Loss Amounts (either though previous distributions of Unpaid Realized Loss Amounts pursuant to Section 5.02(c) or increases in the Class Principal Amount of such Class pursuant to this Section 5.03(d)) previously allocated to that Class of Certificates pursuant to this Section 5.03. Holders of such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Principal Amount of each Certificate of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2007-S1)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates, pro rata, in accordance with their Class Certificate Balances; provided, that (a) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 Certificates will instead be borne first by the Class II-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class II-A-2 Certificates), and not by the Class II-A-1 Certificates, for so long as the Class Certificate Balance of the Class II-A-2 Certificates is greater than zero, and (b) the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class III-A-1 Certificates will instead be borne first by the Class III-A-2 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocable to the Class III-A-2 Certificates), and not by the Class III-A-1 Certificates, for so long as the Class Certificate Balance of the Class III-A-2 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized "Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation").
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)
Allocation of Losses. (a) On or prior Prior to each Distribution Determination Date, the Master Servicer shall aggregate the information provided by each Servicer with respect to determine (i) the total amount of Realized Losses experienced on the Mortgage Loans for Losses, if any, incurred during the related Distribution DatePrepayment Period; and (ii) the respective portions of such Realized Losses allocable to interest and to principal.
(b) On each Distribution Date, the The principal portion of any Realized Losses shall be allocated as follows: first, to the Classes Class B-3 Certificates until the outstanding Certificate Principal Amount of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 B-3 Certificates and ending with has been reduced to zero; second, to the Class B-2 Certificates until the outstanding Certificate Principal Amount of the Class B-2 Certificates has been reduced to zero; third, to Class B-1 Certificates until the outstanding Certificate Principal Amount of the Class B-1 Certificates) Certificates has been reduced to zero; fourth, to the Class M-3 Certificates until the Class outstanding Certificate Principal Amount of each such the Class is M-3 Certificates has been reduced to zero; fifth, to the Class M-2 Certificates until the outstanding Certificate Principal Amount of the Class M-2 Certificates has been reduced to zero; sixth, to the Class M-1 Certificates until the outstanding Certificate Principal Amount of the Class M-1 Certificates has been reduced to zero; and secondseventh, to each the Non-PO Class of Senior I-A Certificates relating to (other than the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates Class IO Certificates) on a pro rata basis), in each case, until except with respect to the share allocated to the Class I-A5 Certificates, which share shall be based on the original Certificate Principal Amount of such Class class if less than the outstanding Certificate Principal Amount of Senior Certificates is reduced to zerosuch class; provided, however, that if a Realized Loss occurs with respect to a Discount Mortgage Loan (a) the amount of such Realized Losses calculated above that would otherwise reduce Loss equal to the Class Principal Amount product of (i) the Class 1-A1 Certificates amount of such Realized Loss and (ii) the PO Percentage with respect to such Discount Mortgage Loan will be allocated to Class PO Certificates and (b) the Class 1-A2 Certificatesremainder of such Realized Loss will be allocated as described above. Notwithstanding the preceding sentence, in reduction the first $0.90 of the Class Principal Amount thereof, until the Class Principal Amount PO Percentage of the Class 1-A2 Certificates has been reduced principal portion of a Realized Loss on Discount Mortgage Loans shall not be allocated to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificatesany Certificate.
(c) On each Distribution DateAs used herein, the Class Principal Amount an allocation of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced a Realized Loss on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding "pro rata basis" among two or more specified Classes of Certificates (after means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates on the basis of their outstanding Certificate Principal Amounts prior to giving effect to the distribution of principal distributions to be made on such Distribution Date) exceeds . All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Aggregate Stated Principal Balance for Certificates of such Class in proportion to the following Distribution DatePercentage Interests evidenced thereby.
(d) Any allocation of In the event that a loss pursuant Subsequent Recovery is made with respect to this section to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(e) Subsequent Recoveries in respect of the Mortgage Loans shall be distributed to the Certificates still outstandingany Realized Loss, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryRecovery shall be treated as a Principal Prepayment and deposited into the Collection Account. The most senior Class of Certificates which has been allocated unreimbursed Realized Losses will be written up to the extent of such Subsequent Recovery up to the amount previously written down and not subsequently written up.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-F1)
Allocation of Losses. (a) On or prior to each Distribution Date, the Master Servicer shall aggregate the information provided by each Servicer the Servicers with respect to the total amount of Realized Losses Losses, including Excess Losses, experienced on the Mortgage Loans for the related Distribution Date.
(b) On each Distribution Date, the principal portion of Realized Losses (other than Excess Losses) shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the related Class B-6 of Subordinate Certificates and ending with the highest numerical Class B-1 Certificatesdesignation) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool in the Aggregate Pool which sustained such loss (allocated among the related Senior Certificates Classes on a pro rata basis), in each case, until the Class Principal Amount of each such Class of Senior Certificates is reduced to zero; provided, however, provided that the amount of any Realized Losses calculated above (i) on the Pool 1 Mortgage Loans that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of A-1 Certificates will instead be allocated to the Class Principal Amount thereof1-A-2 Certificates, until the Class Principal Amount of the Class 1-A2 A-2 Certificates has been reduced to zero, before reducing (ii) on the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above Pool 2 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 2-A1 A-1, Class 2-A-2 or Class 2-A-3 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 2-A2 Certificates A-4 Certificates, until the Class Principal Amount of the Class 2-A2 A-4 Certificates has been reduced to zero, before reducing and (iii) on the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above Pool 3 Mortgage Loans that would otherwise reduce the Class Principal Amount of be allocated to the Class 3-A1 A-3 and Class 3-A-4 Certificates will first reduce the Class Principal Amount of instead be allocated to the Class 3-A2 Certificates A-2 Certificates, until the Class Principal Amount of the Class 3-A2 A-2 Certificates has been reduced to zero.
(c) On each Distribution Date, any Excess Losses on the Mortgage Loans in a Mortgage Pool shall be allocated to the related Classes of Senior Certificates of the related Certificate Group and the Subordinate Certificates then outstanding, pro rata, on the basis of, with respect to such Senior Certificates, their respective Class Principal Amounts and, with respect to each Class of the Subordinate Certificates, the applicable Apportioned Principal Balance for each such Class relating to the Mortgage Pool in which such Excess Losses occurs; provided, however, on any Distribution Date after the second Senior Termination Date for the Aggregate Pool, such Excess Losses on the Mortgage Loans in the related Mortgage Pool will be allocated to the Senior Certificates and the Subordinate Certificates, pro rata, on the basis of their respective Class Principal Amounts; and provided, further, that after the Credit Support Depletion Date, such Excess Losses shall be allocated, pro rata, to all the Senior Certificates regardless of Certificate Group, on the basis of their respective Class Principal Amounts, until the respective Class Principal Amounts of each such Class are reduced to zero. Notwithstanding the foregoing, any Excess Losses (i) on the Pool 1 Mortgage Loans that would otherwise be allocated to the Class 1-A-1 Certificates will instead be allocated to the Class 1-A-2 Certificates, until the Class Principal Amount of the Class 1-A-2 Certificates has been reduced to zero, before reducing (ii) on the Pool 2 Mortgage Loans that would otherwise be allocated to the Class 2-A-1, Class 2-A-2 or Class 2-A-3 Certificates will instead be allocated to the Class 2-A-4 Certificates, until the Class Principal Amount of the Class 2-A-4 Certificates has been reduced to zero, and (iii) on the Pool 3 Mortgage Loans that would otherwise be allocated to the Class 3-A-3 and Class 3-A-4 Certificates will instead be allocated to the Class 3-A-2 Certificates, until the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 A-2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(cd) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “related Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(de) Any allocation of a loss pursuant to this section Section 5.03 to a Class of Certificates shall be achieved by reducing the Class Principal Amount thereof by the amount of such loss.
(ef) If Subsequent Recoveries in have been received with respect to a Liquidated Mortgage Loan, the amount of the Mortgage Loans shall such Subsequent Recoveries will be distributed to the Certificates still outstandingapplied sequentially, in accordance with Section 5.02the order of payment priority, and to increase the Class Principal Amount of each Class of Certificates then outstanding to which Realized Losses have been allocated in respect of such Liquidated Mortgage Loan, but in each case by not more than the amount of Realized Losses previously allocated to that has been reduced Class of Certificates pursuant to this Section 5.03 (net of previous increases to the Class Principal Amount due to application other Subsequent Recoveries). Holders of a Realized Loss such Certificates will not be increased, entitled to any payment in order respect of seniority, by the Interest Distribution Amount on the amount of such Subsequent Recoveryincreases for any Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied among the Certificates of a Class pro rata, based on the Class Principal Amount of the Certificates of such Class.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-A4)
Allocation of Losses. (a) On or prior to each Determination Date, the Master Servicer shall determine the amount of any Realized Loss in respect of each Mortgage Loan that occurred during the immediately preceding calendar month.
(b) With respect to any Distribution Date, the principal portion of each Realized Loss (other than any Excess Loss) with respect to a Mortgage Pool shall be allocated in the following order of priority:
(i) to the Class B-6 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(ii) to the Class B-5 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iii) to the Class B-4 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(iv) to the Class B-3 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(v) to the Class B-2 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vi) to the Class B-1 Certificates until the Class Certificate Balance thereof has been reduced to zero;
(vii) to the Classes of Senior Certificates, pro rata, in accordance with their Class Certificate Balances; provided, that the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-1 and Class II-A-2 Certificates will instead be borne first by the Class II-A-4 Certificates until its Class Certificate Balance is reduced to zero and then by the Class II-A-3 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocated to the Class II-A-3 and Class II-A-4 Certificates), and not by the Class II-A-1 and Class II-A-2 Certificates, for so long as the Class Certificate Balance of the Class II-A-3 Certificates is greater than zero, and the principal portion of Realized Losses (other than Excess Losses) on the Mortgage Loans allocable to the Class II-A-3 Certificates will instead be borne first by the Class II-A-4 Certificates until its Class Certificate Balance is reduced to zero (in addition to other Realized Losses allocated to the Class II-A-4 Certificates), and not by the Class II-A-3 Certificates, for so long as the Class Certificate Balance of the Class II-A-4 Certificates is greater than zero.
(c) With respect to any Distribution Date, the principal portion of any Excess Loss with respect to a Mortgage Pool (other than Excess Bankruptcy Losses attributable to Debt Service Reductions) shall be allocated pro rata to each Class of Certificates of the related Certificate Group based on their respective Class Certificate Balances (in the case of the Senior Certificates) or Apportioned Principal Balances (in the case of the Subordinated Certificates).
(d) Any Realized Losses allocated to a Class of Certificates pursuant to Section 4.4(b) or (c) shall be allocated among the Certificates of such Class in proportion to their respective Certificate Principal Balances. Any allocation of Realized Losses pursuant to this paragraph (d) shall be accomplished by reducing the Certificate Principal Balances of the related Certificates on the related Distribution Date in accordance with Section 4.4(e).
(e) Realized Losses allocated in accordance with this Section 4.4 shall be allocated on the Distribution Date in the month following the month in which such loss was incurred and, in the case of the principal portion thereof, after giving effect to the distributions made on such Distribution Date.
(f) On each Distribution Date, the Master Servicer shall aggregate determine the information provided by each Servicer with respect Subordinated Certificate Writedown Amount, if any. Any such Subordinated Certificate Writedown Amount shall effect, without duplication of any other provision in this Section 4.4 that provides for a reduction in the Class Certificate Balance of the Subordinated Certificates, a corresponding reduction in the Class Certificate Balance of the Subordinated Certificates, which reduction shall occur on such Distribution Date after giving effect to the total amount of Realized Losses experienced distributions made on the Mortgage Loans for the related such Distribution Date.
(bg) On each Distribution DateNotwithstanding the foregoing, the principal portion no such allocation of any Realized Losses Loss shall be allocated as follows: first, to the Classes of Subordinate Certificates in reverse order of their respective numerical Class designations (beginning with the Class B-6 Certificates and ending with the Class B-1 Certificates) until the Class Principal Amount of each such Class is reduced to zero; and second, to each Class of Senior Certificates relating to the Mortgage Pool which sustained such loss (allocated among the related Senior Certificates made on a pro rata basis), in each case, until the Class Principal Amount of such Class of Senior Certificates is reduced to zero; provided, however, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 1-A1 Certificates will be allocated to the Class 1-A2 Certificates, in reduction of the Class Principal Amount thereof, until the Class Principal Amount of the Class 1-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 1-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 2-A1 Certificates will first reduce the Class Principal Amount of the Class 2-A2 Certificates until the Class Principal Amount of the Class 2-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 2-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 3-A1 Certificates will first reduce the Class Principal Amount of the Class 3-A2 Certificates until the Class Principal Amount of the Class 3-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 3-A1 Certificates; provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 4-A1 Certificates will first reduce the Class Principal Amount of the Class 4-A2 Certificates until the Class Principal Amount of the Class 4-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 4-A1 Certificates and provided, further, that the amount of Realized Losses calculated above that would otherwise reduce the Class Principal Amount of the Class 5-A1 Certificates will first reduce the Class Principal Amount of the Class 5-A2 Certificates until the Class Principal Amount of the Class 5-A2 Certificates has been reduced to zero, before reducing the Class Principal Amount of the Class 5-A1 Certificates.
(c) On each Distribution Date, the Class Principal Amount of the Class of Subordinate Certificates then outstanding with the highest numerical Class designation shall be reduced on each Distribution Date by the amount (a “Subordinate Certificate Writedown Amount”), if any, by which the aggregate of the Class Principal Amounts of all outstanding Classes of Certificates (after giving effect to the distribution of principal on such Distribution Date) exceeds the Aggregate Stated Principal Balance for the following Distribution Date.
(d) Any allocation of a loss pursuant to this section to a Class of Certificates shall be achieved by reducing to the extent that such allocation would result in the reduction of the aggregate Class Principal Amount thereof by Certificate Balances of all the amount Senior Certificates of a related Certificate Group as of such loss.
(e) Subsequent Recoveries in respect Distribution Date plus the Apportioned Principal Balances of the Subordinated Certificates of such Certificate Group as of such Distribution Date, after giving effect to all distributions and prior allocations of Realized Losses on such date, to an amount less than the aggregate Stated Principal Balance of the Mortgage Loans shall be distributed in the related Mortgage Pool as of the first day of the month of such Distribution Date, less any Deficient Valuations occurring on or prior to the Certificates still outstandingBankruptcy Coverage Termination Date (such limitation, in accordance with Section 5.02, and the Class Principal Amount of each Class of Certificates then outstanding that has been reduced due to application of a Realized "Loss will be increased, in order of seniority, by the amount of such Subsequent RecoveryAllocation Limitation").
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)