Disbursements from the Distribution Account Sample Clauses

Disbursements from the Distribution Account. No later than 12:30 P.M. on each Payment Date, the Custodian shall withdraw the funds then on deposit in the Distribution Account and apply such funds for the following purposes and in the following order of priority (the "Priority of Payments"), in each case to the extent of remaining funds: (i) On a pro rata basis, to the payment of the following: (a) to the Custodian the accrued and unpaid Custodian Fees together with the amount of all costs and expenses payable to the Custodian by the Servicer pursuant to Section 6.02 of the Servicing Agreement that have not been so paid, (b) to the payment of any Extraordinary Expenses, provided that the Extraordinary Expenses paid pursuant to this clause (i) (other than the costs and expenses associated with the appointment of a Successor Servicer and the costs and expenses incurred by the Custodian or the Administrative Agent in connection with the exercise of remedies following an Event of Default) shall not exceed $15,000 on any single Payment Date or $100,000 in any 12 calendar month period; (c) to the Insurer the accrued and unpaid Insurance Premium, (d) to the Servicer the accrued and unpaid Master Servicing Fees with respect to the Loans, (e) if a Successor Servicer has been appointed following the occurrence of a Servicing Event of Default, the earned and unpaid Special Servicing Fees for each Specially Serviced Loan in an amount not to exceed the Collections received on or in respect of such Loan during the most recently ended Collection Period (whether in the form of payments, Liquidation Proceeds, Insurance Proceeds or otherwise) that are allocable as a recovery of interest thereon in accordance with Section 1.03 of the Servicing Agreement, (f) to the Hedge Counterparty the accrued and unpaid amounts owing to the Hedge Counterparty under the Hedge Agreement (exclusive of amounts owing to the Hedge Counterparty in respect of the termination of the Swap Transaction in whole or in part), (g) to the Servicer, to reimburse the Servicer for: (1) solely in the case of a Successor Servicer appointed following the occurrence of a Servicing Event of Default, any unreimbursed Non-Recoverable Advances, (2) any unreimbursed Servicing Advances in an amount not to exceed (A) payments made by the related Obligor during the most recently ended Collection Period that are allocable to cover the item in respect of which such Servicing Advance was made and (B) Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds and...
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Disbursements from the Distribution Account. Account Funds in the Distribution Account shall either be (a) transferred to the Revenue Account as provided in the last sentence of Section 4.1.2 or (b) subject to the conditions set forth in Section 4.5 of the Common Agreement, used to make Restricted Payments or Tax Distributions in accordance with this Section 4.6.2; provided that any and all Restricted Payments made pursuant to this Section 4.6.2 shall be subject to Section 2.1 of the Parent Agreement. Restricted Payments or Tax Distributions may be made from the Distribution Account only on Annual Scheduled Payment Dates (or within 30 days thereafter (or on such later date to the extent permitted under 18 <PAGE> Section 4.5 of the Common Agreement)). The Issuer may request that Restricted Payments or Tax Distributions be made from the Distribution Account by submitting a Disbursement Request for such purpose to the Collateral Agent at least 5 Business Days prior to the proposed Restricted Payment Date. Upon receipt of such Disbursement Request and the certificate required to be delivered by the Issuer pursuant to Section 4.5(a)(vii) of the Common Agreement (provided that no such certificate will be required for Tax Distributions), the Collateral Agent shall, unless it receives notice from the Controlling Party under the Common Agreement that such Disbursement Request fails to comply with the requirements set forth in this Agreement and the other Financing Documents, direct the Depositary Agent to withdraw Account Funds from the Distribution Account to make the Restricted Payments or Tax Distributions specified in such Disbursement Request (and shall provide an executed copy of such Disbursement Request to the Depositary Agent as part of such direction) on the proposed Restricted Payment Date so long as each of the conditions set forth in Section 4.5 of the Common Agreement are satisfied as of such Restricted Payment Date. Account Funds in the Distribution Account that are not disbursed in accordance with this Section 4.6.2 by the 30th day following an Annual Scheduled Payment Date shall be transferred to the Revenue Account, or on such later date to the extent permitted in accordance with Section 4.5 of the Common Agreement. 4.7
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Disbursements from the Distribution Account. Account Funds in the Distribution Account shall either be (a) transferred to the Revenue Account as provided in the last sentence of Section 4.1.2 or (b) subject to the conditions set forth in Section 4.5 of the Common Agreement, used to make Restricted Payments or Tax Distributions in accordance with this Section 4.6.2; provided that any and all Restricted Payments made pursuant to this Section 4.6.2 shall be subject to Section 2.1 of the Parent Agreement. Restricted Payments or Tax Distributions may be made from the Distribution Account only on Annual Scheduled Payment Dates (or within 30 days thereafter (or on such later date to the extent permitted under
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Related to Disbursements from the Distribution Account

  • Permitted Withdrawals from the Certificate Account and the Distribution Account The Master Servicer may, from time to time, make withdrawals from the Certificate Account for any of the following purposes (the order set forth below not constituting an order of priority for such withdrawals):

  • Withdrawals from the Collection Account and Distribution Account (a) The Master Servicer shall, from time to time, make withdrawals from the Collection Account for any of the following purposes or as described in Section 4.04: (i) to remit to the Trustee for deposit in the Distribution Account the amounts required to be so remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d); (ii) subject to Section 3.16(d), to reimburse the Master Servicer for (a) any unreimbursed Advances to the extent of amounts received which represent Late Collections (net of the related Servicing Fees) of Monthly Payments, Liquidation Proceeds and Insurance Proceeds on Mortgage Loans with respect to which such Advances were made in accordance with the provisions of Section 4.04; (b) any unreimbursed Advances with respect to the final liquidation of a Mortgage Loan that are Nonrecoverable Advances, but only to the extent that Late Collections, Liquidation Proceeds and Insurance Proceeds received with respect to such Mortgage Loan are insufficient to reimburse the Master Servicer for such unreimbursed Advances; or (c) subject to Section 4.04(b), any unreimbursed Advances to the extent of funds held in the Collection Account for future distribution that were not included in Available Funds for the preceding Distribution Date; (iii) subject to Section 3.16(d), to pay the Master Servicer or any Sub-Servicer (a) any unpaid Servicing Fees, (b) any unreimbursed Servicing Advances with respect to each Mortgage Loan, but only to the extent of any Late Collections, Liquidation Proceeds, Insurance Proceeds and condemnation proceeds received with respect to such Mortgage Loan, and (c) any Servicing Advances with respect to the final liquidation of a Mortgage Loan that are Nonrecoverable Advances, but only to the extent that Late Collections, Liquidation Proceeds and Insurance Proceeds received with respect to such Mortgage Loan are insufficient to reimburse the Master Servicer or any Sub-Servicer for Servicing Advances; (iv) to pay to the Master Servicer as servicing compensation (in addition to the Servicing Fee) on the Master Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account; (v) to pay to the Originator, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.03 or Section 3.16(c) all amounts received thereon subsequent to the date of purchase or substitution, as the case may be; (vi) to reimburse the Master Servicer for any Advance or Servicing Advance previously made which the Master Servicer has determined to be a Nonrecoverable Advance in accordance with the provisions of Section 4.04; (vii) to pay, or to reimburse the Master Servicer for Servicing Advances in respect of, expenses incurred in connection with any Mortgage Loan pursuant to Section 3.16(b); (viii) to reimburse the Master Servicer for expenses incurred by or reimbursable to the Master Servicer pursuant to Section 6.03; (ix) to reimburse the NIMS Insurer, the Master Servicer (if the Master Servicer is not an Affiliate of the Originator) or the Trustee, as the case may be, for enforcement expenses reasonably incurred in respect of the breach or defect giving rise to the purchase obligation under Section 2.03 of this Agreement that were included in the Purchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the purchase obligation;

  • Withdrawals from the Collection Account (a) The Servicer shall, from time to time, make withdrawals from the Collection Account maintained by it for any of the following purposes or as described in Section 4.01: (i) on or prior to each Remittance Date, to remit to the Master Servicer (A) the Master Servicing Fee with respect to such Distribution Date and (B) all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Charges (payable to the Class P Certificateholders) from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the Servicer for P&I Advances, but only to the extent of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on Mortgage Loans with respect to which such P&I Advances were made by the Servicer in accordance with the provisions of Section 4.01 and (B) any ▇▇▇▇▇▇▇▇▇▇▇▇ ▇&▇ Advances to the extent of funds held in the Collection Account for a future Distribution Date that were not included in Available Funds for the preceding Distribution Date; (iii) to pay the Servicer or any Subservicer (A) any unpaid Servicing Fees or (B) any unreimbursed Servicing Advances with respect to each Mortgage Loan, but only to the extent of any Late Collections or other amounts as may be collected by the Servicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property); (iv) to pay to the Servicer as servicing compensation (in addition to the Servicing Fee) on each Remittance Date any interest or investment income earned on funds deposited in the Collection Account; (v) to pay to the Mortgage Loan Seller, with respect to each Mortgage Loan that has previously been repurchased or replaced pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as the case may be; (vi) to reimburse the Servicer for (A) any P&I Advance or Servicing Advance previously made which the Servicer has determined to be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the provisions of Section 4.01 and (B) any unpaid Servicing Fees to the extent not recoverable from Late Collections or other amounts received with respect to the related Mortgage Loan under Section 3.11(a)(iii); (vii) to pay, or to reimburse the Servicer for Servicing Advances in respect of, expenses incurred in connection with any Mortgage Loan pursuant to Section 3.15; (viii) to reimburse the Master Servicer, the Servicer, the Depositor, the Securities Administrator or the Trustee for expenses incurred by or reimbursable to the Master Servicer, the Servicer, the Depositor, the Securities Administrator or the Trustee, as the case may be, pursuant to Section 6.03, Section 7.02, Section 8.05, Section 9.13 or Section 10.02; (ix) to reimburse the Master Servicer, the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation of the Mortgage Loan Seller or the Sponsor under this Agreement that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof; (x) to withdraw any amounts deposited in the Collection Account in error; and (xi) to clear and terminate the Collection Account upon termination of this Agreement. (b) The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account, to the extent held by or on behalf of it, pursuant to subclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. The Servicer shall provide written notification (as set forth in Section 4.01(d)) to the Master Servicer, on or prior to the next succeeding Remittance Date, upon making any withdrawals from the Collection Account pursuant to subclause (a)(vi) above.

  • Withdrawals From the Custodial Account The Seller shall, from time to time during the Interim Servicing Period, withdraw funds from the Custodial Account for the following purposes: (a) to make payments to the Purchaser in the amounts and in the manner provided for in Subsection 11.15; (b) [reserved]; (c) to reimburse itself for any unpaid Servicing Fees and for unreimbursed Servicing Advances, the Seller’s right to reimburse itself pursuant to this subclause (c) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds and such other amounts as may be collected by the Seller from the related Mortgagor or otherwise relating to the Mortgage Loan, it being understood that, in the case of any such reimbursement, the Seller’s right thereto shall be prior to the rights of the Purchaser unless the Seller is required to repurchase a Mortgage Loan pursuant to Subsection 7.03, or the Seller is required to pay the Prepayment Interest Shortfall pursuant to Subsection 11.15, in which case the Seller’s right to such reimbursement shall be subsequent to the payment to the Purchaser of the related Repurchase Price pursuant to Subsection 7.03, and all other amounts required to be paid to the Purchaser with respect to such Mortgage Loan; (d) to reimburse itself for unreimbursed Servicing Advances, to the extent that such amounts are nonrecoverable (as certified by the Seller to the Purchaser in an Officer’s Certificate) by the Seller pursuant to subclause (c) above, provided that the Mortgage Loan for which such advances were made is not required to be repurchased by the Seller pursuant to Subsection 7.03; (e) to reimburse itself for expenses incurred by and reimbursable to it pursuant to Subsection 12.01; (f) [reserved]; (g) to pay to itself any interest earned or any investment earnings on funds deposited in the Custodial Account, net of any losses on such investments; (h) to withdraw any amounts inadvertently deposited in the Custodial Account; and (i) to clear and terminate the Custodial Account upon the termination of this Agreement. Upon request, the Seller will provide the Purchaser with copies of reasonably acceptable invoices or other documentation relating to Servicing Advances that have been reimbursed from the Custodial Account.

  • Disbursements from the Escrow Account a. At such time as Escrow Agent has collected and deposited instruments of payment in the total amount of the Advance and has received such Common Stock via D.W.A.C from the Company which are to be issued to the Investor pursuant to the Standby Equity Distribution Agreement, the Escrow Agent shall notify the Company and the Investor. The Escrow Agent will continue to hold such funds until the Investor and Company execute and deliver a Joint Written Direction directing the Escrow Agent to disburse the Escrow Funds pursuant to Joint Written Direction at which time the Escrow Agent shall wire the Escrow Funds to the Company. In disbursing such funds, Escrow Agent is authorized to rely upon such Joint Written Direction from Company and may accept any signatory from the Company listed on the signature page to this Agreement and any signature from the Investor that Escrow Agent already has on file. Simultaneous with delivery of the executed Joint Written Direction to the Escrow Agent the Investor and Company shall execute and deliver a Common Stock Joint Written Direction to the Escrow Agent directing the Escrow Agent to release via D.W.A.C to the Investor the shares of the Company's Common Stock. In releasing such shares of Common Stock the Escrow Agent is authorized to rely upon such Common Stock Joint Written Direction from Company and may accept any signatory from the Company listed on the signature page to this Agreement and any signature from the Escrow Agent has on file. In the event the Escrow Agent does not receive the amount of the Advance from the Investor or the shares of Common Stock to be purchased by the Investor from the Company, the Escrow Agent shall notify the Company and the Investor.