Final Distribution on the Certificates. If, on any Servicer Remittance Date, the Servicer notifies the Trustee that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Trustee shall promptly send a Notice of Final Distribution to the applicable Certificateholders and the Swap Provider. If the electing Person elects to terminate the Trust pursuant to clause (a) of Section 9.01, by no later than the 10th day of the month of the final distribution, the Trustee upon request by the electing Person will notify the Depositor of the final Distribution Date and of the applicable repurchase price of the Mortgage Loans and the related REO Properties. A Notice of Final Distribution, specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trustee by letter to Certificateholders mailed not later than the 15th day of the month of such final distribution. Any such Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the Certificates will be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (d) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee will give such Notice of Final Distribution to each Rating Agency at the time such Notice of Final Distribution is given to Certificateholders. In the event the electing Person purchases the Mortgage Loans (and REO Properties) pursuant to Section 9.01(a), such electing Person is required to remit to the Trustee the Termination Price on the Servicer Remittance Date immediately preceding the applicable final Distribution Date. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian (with a copy to the Trustee) of the Request for Release, the Custodian shall promptly release to such electing Person or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all amounts due the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.01, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates, the Class Certificate Balance thereof plus for each such Class accrued interest thereon in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.01, (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims, which retained amounts shall also be released to the Residual Certificates, as applicable, as and to the extent such amounts shall no longer be required to be so retained). The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances set forth in the Preliminary Statement upon liquidation of the Trust. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class CE Certificateholders shall be entitled to all unclaimed funds and other assets of the Trust Fund which remain subject hereto.
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Final Distribution on the Certificates. If, on any Servicer Remittance Date, the applicable Servicer notifies the Trustee that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Trustee shall promptly send a Notice of Final Distribution to the applicable Certificateholders and the Swap ProviderCertificateholders. If the electing Person elects to terminate the Trust a Loan Group pursuant to clause (a) of Section 9.01, by no later than the 10th day of the month of the final distribution, the Trustee upon request by the electing Person will notify the Depositor of the final Distribution Date for such Loan Group and of the applicable repurchase price of the Mortgage Loans in such Loan Group and the related REO Properties.
A Notice of Final Distribution, specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trustee by letter to Certificateholders mailed not later than the 15th day of the month of such final distribution. Any such Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the Certificates will be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (d) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee will give such Notice of Final Distribution to each Rating Agency at the time such Notice of Final Distribution is given to Certificateholders. In the event the electing Person purchases the Mortgage Loans in a Loan Group (and REO Properties) pursuant to Section 9.01(a), such electing Person is required to remit to the Trustee the applicable Termination Price on the Servicer Remittance Date immediately preceding the applicable final Distribution Date. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian (with a copy to the Trustee) of the Request for Release, the Custodian shall promptly release to such electing Person or its designee the Custodial Files for the Mortgage LoansLoans in the related Loan Group. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all amounts due the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.014.01 for the related Group, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates, the Class Certificate Balance thereof plus for each such Class accrued interest thereon in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.014.01 for the related Group, (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account for the related Loan Group after application pursuant to clause (i) above (other than the amounts retained to meet claims, which retained amounts shall also be released to the Residual Certificates, as applicable, as and to the extent such amounts shall no longer be required to be so retained). The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances set forth in the Preliminary Statement upon liquidation of the Trust. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class CE I-R Certificateholders shall be entitled to all unclaimed funds and other assets of Loan Group I which remain subject hereto and the Trust Fund Class II-R Certificateholders shall be entitled to all unclaimed funds and other assets of Loan Group II which remain subject hereto.
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Final Distribution on the Certificates. If, If on any Servicer Remittance Date, the Servicer notifies the Trustee Servicers determine that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection AccountAccounts, the Servicers shall direct the Trustee shall promptly to send a Notice of Final Distribution to the applicable Certificateholders each Certificateholder and the Swap Provider. If the electing Person HomEq elects to terminate the Trust Fund pursuant to clause (a) of Section 9.01, by no later than the 10th 25th day of the month preceding the month of the final distribution, the Trustee upon request by the electing Person will HomEq shall notify the Depositor and the Trustee of the final Distribution Date date HomEq intends to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and the related REO Properties.
. A Notice of Final Distribution, specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trustee by letter to Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month of such final distribution. Any such Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the Certificates will be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (d) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee Servicer or Servicers, as the case may be, will give such Notice of Final Distribution to each Rating Agency at the time such Notice of Final Distribution is given to Certificateholders. In the event the electing Person purchases the Mortgage Loans (and REO Properties) pursuant such Notice of Final Distribution is given, each Servicer shall cause all funds in its Collection Account to Section 9.01(a), such electing Person is required to remit be remitted to the Trustee for deposit in the Termination Price Distribution Account on the Servicer Remittance Date immediately preceding Business Day prior to the applicable Distribution Date in an amount equal to the final Distribution Datedistribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian (with Trustee or the Custodian, as applicable, of a copy to the Trustee) of the Request for ReleaseRelease therefor, the Custodian Trustee or the Custodian, as applicable, shall promptly release to such electing Person or its designee HomEq the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all amounts due to the Servicers, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.014.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Class Certificate Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.01, 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims, which retained amounts shall also be released ) after application pursuant to the Residual Certificates, as applicable, as and to the extent such amounts shall no longer be required to be so retained). The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances set forth in the Preliminary Statement upon liquidation of the Trustclause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class CE R Certificateholders shall be entitled to all unclaimed funds and other assets of the Trust Fund which remain subject hereto.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2005-4)
Final Distribution on the Certificates. If, If on any Servicer Remittance Determination Date, the Servicer notifies the Trustee determines that there are no Outstanding outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Payment Account, the Trustee Servicer shall notify the Trustee, which shall promptly send a final distribution notice to each Certificateholder. Notice of Final Distribution to the applicable Certificateholders and the Swap Provider. If the electing Person elects to terminate any termination of the Trust pursuant to clause (a) of Section 9.01, by no later than the 10th day of the month of the final distribution, the Trustee upon request by the electing Person will notify the Depositor of the final Distribution Date and of the applicable repurchase price of the Mortgage Loans and the related REO Properties.
A Notice of Final DistributionFund, specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trustee by letter to Certificateholders mailed not earlier than the 15th day of the month immediately preceding the month of such final distribution and no later than the 15th tenth day of the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the Certificates will shall be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (d) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee will shall give such Notice of Final Distribution notice to each Rating Agency at the time such Notice of Final Distribution notice is given to Certificateholders. In The Servicer shall, no later than the event Business Day prior to the electing Person purchases Distribution Date on which the Mortgage Loans (and REO Properties) pursuant final distribution is to Section 9.01(a)be made, such electing Person is required to remit the Termination Price to the Trustee for deposit in the Termination Price on the Servicer Remittance Date immediately preceding the applicable final Distribution Date. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian (with a copy to the Trustee) of the Request for Release, the Custodian shall promptly release to such electing Person or its designee the Custodial Files for the Mortgage LoansPayment Account. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all amounts due the Depositor and the Trustee hereunder)Class, in each case on the final Distribution Date and in the order set forth in Section 4.018.1, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates, the Class Certificate Principal Balance thereof plus for each such Class accrued interest thereon in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.01, (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims, which retained amounts shall also be released to the Residual Certificates, as applicable, as and to the extent such amounts shall no longer be required to be so retained). The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances set forth in the Preliminary Statement upon liquidation of the Trustthereon. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class CE Certificateholders C, P, R and RX Certificateholders, upon written request to the Trustee at the applicable Corporate Trust Office, shall be entitled to all unclaimed funds and other assets of the Trust Fund which remain subject hereto.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First NLC Trust 2005-2)
Final Distribution on the Certificates. If, on any the Servicer Remittance Date, the Servicer notifies the Trustee Securities Administrator that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Trustee Securities Administrator shall promptly send a Notice of Final Distribution to the applicable Certificateholders and the Swap Provider. If the electing Person elects to terminate the Trust pursuant to clause (a) of Section 9.0111.01, by no later than the 10th day of the month of the final distribution, the Trustee Securities Administrator upon request by the electing Person will notify the Depositor of the final Distribution Date and of the applicable repurchase price Termination Price of the Mortgage Loans and the related REO Properties.
A Notice of Final Distribution, specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trustee Securities Administrator by letter to Certificateholders mailed not later than the 15th day of the month of such final distribution. Any such Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the Certificates will be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (d) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee Securities Administrator will give such Notice of Final Distribution to each Rating Agency at the time such Notice of Final Distribution is given to Certificateholders. In the event the electing Person purchases the Mortgage Loans (and REO Properties) pursuant to Section 9.01(a)11.01, such electing Person is required to remit to the Trustee Securities Administrator the Termination Price on the Servicer Remittance Date immediately preceding the applicable final Distribution Date. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian (with a copy to the Trustee) of the Request for Release, the Custodian shall promptly release to such electing Person or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the Certificates, the Trustee Securities Administrator shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all amounts due the Master Servicer, the Securities Administrator, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.01, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates, the Class Certificate Balance thereof plus for each such Class accrued interest thereon in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.01, (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims, which retained amounts shall also be released to the Residual Certificates, as applicable, as and to the extent such amounts shall no longer be required to be so retained). The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances set forth in the Preliminary Statement upon liquidation of the Trust. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee Securities Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee Securities Administrator may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class CE A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Trust Fund which remain subject hereto.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)
Final Distribution on the Certificates. If, If on any Servicer Remittance Date, the Servicer notifies the Trustee Servicers determine that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the related Collection Account, the Servicers shall direct the Trustee shall promptly to send a Notice of Final Distribution to the applicable Certificateholders each Certificateholder and the Swap Provider. If the electing Person elects Servicers elect to terminate the Trust Fund pursuant to clause (a) of Section 9.01, the Servicers shall notify, by no later than the 10th 25th day of the month preceding the month of the final distribution, the Depositor and the Trustee upon request by the electing Person will notify the Depositor of the final Distribution Date date the Servicers intend to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and the related REO Properties.
. A Notice of Final Distribution, specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trustee by letter to Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month of such final distribution. Any such Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the Certificates will be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (d) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee will give such Notice of Final Distribution to each Rating Agency at the time such Notice of Final Distribution is given to Certificateholders. In the event such Notice of Final Distribution is given, the electing Person purchases Servicers shall cause all funds in the Mortgage Loans (and REO Properties) pursuant related Collection Account to Section 9.01(a), such electing Person is required to remit be remitted to the Trustee for deposit in the Termination Price Distribution Account on the Servicer Remittance Date immediately preceding Business Day prior to the applicable Distribution Date in an amount equal to the final Distribution Datedistribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian (with Trustee of a copy to the Trustee) of the Request for ReleaseRelease therefor, the Custodian Trustee shall promptly release to such electing Person or its designee the Servicers, the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all amounts due to the Servicers, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.014.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Class Certificate Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.01, 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims, which retained amounts shall also be released ) after application pursuant to the Residual Certificates, as applicable, as and to the extent such amounts shall no longer be required to be so retained). The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances set forth in the Preliminary Statement upon liquidation of the Trustclause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class CE Residual Certificateholders shall be entitled to all unclaimed funds and other assets of the Trust Fund which remain subject hereto.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc1)
Final Distribution on the Certificates. If, If on any Servicer Remittance Date, Determination Date the Servicer notifies the Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Servicer shall direct the Trustee shall promptly to send a Notice of Final Distribution final distribution notice to the applicable Certificateholders and the Swap Providereach Certificateholder. If the electing Person Servicer elects to terminate the Trust Fund pursuant to clause (a) of Section 9.01, by no later than the 10th 15th day of the month preceding the month of the final distribution, Distribution Date the Trustee upon request by the electing Person will Servicer shall notify the Depositor and the Trustee of the final Distribution Date date the Servicer intends to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and the related REO Properties.
A . Notice of Final Distribution, any termination of the Trust Fund specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trustee by letter to Certificateholders mailed not later earlier than the 15th day and not later than the last day of the month next preceding the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the Certificates will be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (d) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee Servicer will give such Notice of Final Distribution notice to each Rating Agency at the time such Notice of Final Distribution notice is given to Certificateholders. In If this notice is given, the event Servicer shall cause all funds in the electing Person purchases the Mortgage Loans (and REO Properties) pursuant Certificate Account to Section 9.01(a), such electing Person is required to remit be remitted to the Trustee for deposit in the Termination Price Distribution Account on the Servicer Remittance Date immediately preceding Business Day before the applicable Distribution Date in an amount equal to the final Distribution Datedistribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian (with Trustee of a copy to the Trustee) of the Request for ReleaseRelease therefor, the Custodian Trustee shall promptly release to such electing Person or its designee the Custodial Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all amounts due the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.014.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates (other than the Notional Amount Certificates), the Class its Certificate Balance thereof plus for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.01, (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims) after application pursuant to clause (i) above. Notwithstanding the reduction of the Certificate Balance of any Class of Certificates to zero, which retained amounts shall also such Class will be released to outstanding hereunder solely for the Residual Certificatespurpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, as applicable, as the Servicer and to the extent such amounts shall no longer be required to be so retained)Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances Notional Amounts set forth in the Preliminary Statement upon liquidation of the TrustTrust Fund. In the event that If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Holders of the Class CE Certificateholders A-R Certificates shall be entitled to all unclaimed funds and other assets of the Trust Fund which remain subject hereto.. 110
Appears in 1 contract
Sources: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Flx5)
Final Distribution on the Certificates. If, If on any Servicer Remittance Date, Determination Date the Servicer notifies the Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Servicer shall direct the Trustee shall promptly to send a Notice of Final Distribution final distribution notice to the applicable Certificateholders and the Swap Providereach Certificateholder. If the electing Person Servicer elects to terminate the Trust Fund pursuant to clause (a) of Section 9.01, by no later than the 10th 15th day of the month preceding the month of the final distribution, Distribution Date the Trustee upon request by the electing Person will Servicer shall notify the Depositor and the Trustee of the final Distribution Date date the Servicer intends to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and the related REO Properties.
A . Notice of Final Distribution, any termination of the Trust Fund specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trustee by letter to Certificateholders mailed not later earlier than the 15th day and not later than the last day of the month next preceding the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the Certificates will be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (d) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee Servicer will give such Notice of Final Distribution notice to each Rating Agency at the time such Notice of Final Distribution notice is given to Certificateholders. In If this notice is given, the event Servicer shall cause all funds in the electing Person purchases the Mortgage Loans (and REO Properties) pursuant Certificate Account to Section 9.01(a), such electing Person is required to remit be remitted to the Trustee for deposit in the Termination Price Distribution Account on the Servicer Remittance Date immediately preceding Business Day before the applicable Distribution Date in an amount equal to the final Distribution Datedistribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian (with Trustee of a copy to the Trustee) of the Request for ReleaseRelease therefor, the Custodian Trustee shall promptly release to such electing Person or its designee the Custodial Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all amounts due the Depositor and the Trustee hereunder)Class, in each case on the final Distribution Date and in the order set forth in Section 4.014.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates, the Class its Certificate Balance thereof plus for each such Class accrued interest thereon in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.01, (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims) after application pursuant to clause (i) above. Notwithstanding the reduction of the Certificate Balance of any Class of Certificates to zero, which retained amounts shall also such Class will be released to outstanding hereunder solely for the Residual Certificatespurpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, as applicable, as the Servicer and to the extent such amounts shall no longer be required to be so retained)Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances set forth in the Preliminary Statement upon liquidation of the TrustTrust Fund. In the event that If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Trust Fund. If within one year after the second notice all Certificates 97 shall not have been surrendered for cancellation, then the Class CE A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Trust Fund which remain subject hereto.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Ar7)
Final Distribution on the Certificates. If, If on any Servicer Remittance Date, Determination Date the Servicer notifies the Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Servicer shall direct the Trustee shall promptly to send a Notice of Final Distribution final distribution notice to the applicable Certificateholders and the Swap Providereach Certificateholder. If the electing Person Servicer elects to terminate the Trust Fund pursuant to clause (a) of Section 9.01, by no later than the 10th 15th day of the month preceding the month of the final distribution, Distribution Date the Trustee upon request by the electing Person will Servicer shall notify the Depositor and the Trustee of the final Distribution Date date the Servicer intends to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and the related REO Properties.
A . Notice of Final Distribution, any termination of the Trust Fund specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trustee by letter to Certificateholders mailed not later earlier than the 15th day and not later than the last day of the month next preceding the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the Certificates will be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (d) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee Servicer will give such Notice of Final Distribution notice to each Rating Agency at the time such Notice of Final Distribution notice is given to Certificateholders. In If this notice is given, the event Servicer shall cause all funds in the electing Person purchases the Mortgage Loans (and REO Properties) pursuant Certificate Account to Section 9.01(a), such electing Person is required to remit be remitted to the Trustee for deposit in the Termination Price Distribution Account on the Servicer Remittance Date immediately preceding Business Day before the applicable Distribution Date in an amount equal to the final Distribution Datedistribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian (with Trustee of a copy to the Trustee) of the Request for ReleaseRelease therefor, the Custodian Trustee shall promptly release to such electing Person or its designee the Custodial Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all amounts due the Depositor and the Trustee hereunder)Class, in each case on the final Distribution Date and in the order set forth in Section 4.014.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates, the Class its Certificate Balance thereof plus for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.01, (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims) after application pursuant to clause (i) above. Notwithstanding the reduction of the Certificate Balance of any Class of Certificates to zero, which retained amounts shall also such Class will be released to outstanding hereunder solely for the Residual Certificatespurpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, as applicable, as the Servicer and to the extent such amounts shall no longer be required to be so retained)Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances Notional Amounts set forth in the Preliminary Statement upon liquidation of the TrustTrust Fund. In the event that If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Class CE A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Trust Fund which remain subject hereto. The Supplemental Interest Trust shall terminate on the earlier of (i) the Termination Date and (ii) the date on which the Class Certificate Balance of the Class A-10 Certificates is reduced to zero.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A15)
Final Distribution on the Certificates. If, If on any Servicer Remittance Determination Date, the Servicer notifies (i) the Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Trustee shall promptly send a Notice of Final Distribution final distribution notice promptly to each Certificateholder and to the applicable Certificateholders and Class A-1B Certificate Insurer or (ii) the Swap Provider. If the electing Person elects to terminate the Trust pursuant to clause (a) Trustee determines that a Class of Section 9.01, by no later than the 10th day of the month of the Certificates shall be retired after a final distributiondistribution on such Class, the Trustee upon request by the electing Person will shall notify the Depositor Certificateholders within seven (7) Business Days after such Determination Date that the final distribution in retirement of such Class of Certificates is scheduled to be made on the immediately following Distribution Date. Any final distribution made pursuant to the immediately preceding sentence will be made only upon presentation and surrender of the final Distribution Date and Certificates at the office of the applicable repurchase price Trustee specified in such notice. Notice of any termination of the Mortgage Loans and the related REO Properties.
A Notice of Final DistributionTrust Fund, specifying the Distribution Date on which Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trustee by letter to Certificateholders and to the Class A-1B Certificate Insurer mailed not no later than the 15th last calendar day of the month immediately preceding the month of such final distributiondistribution (or with respect to an Auction, mailed no later than one Business Day following completion of such Auction). Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the Certificates will be made upon presentation and surrender of Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (dc) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the Certificates at the office therein specified. The Trustee will give such Notice of Final Distribution notice to each Rating Agency at the time such Notice of Final Distribution notice is given to Certificateholders. In the event such notice is given, the electing Person purchases Servicer shall cause all funds in the Mortgage Loans (and REO Properties) pursuant Collection Account to Section 9.01(a), such electing Person is required to remit be deposited in the Certificate Account on the Business Day prior to the Trustee applicable Distribution Date in an amount equal to the Termination Price on final distribution in respect of the Servicer Remittance Date immediately preceding Certificates and any Reimbursement Amounts due to the applicable final Distribution DateClass A-1B Certificate Insurer. Upon such final deposit with respect to the Trust Fund, certification to the Trustee that such required amount has been deposited in the Trust Fund and the receipt by the Custodian (with Trustee of a copy to the Trustee) of the Request for ReleaseRelease therefor, the Custodian Trustee (or its custodian) shall promptly release to such electing Person or its designee the Custodial Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to the Certificateholders of each Class (after reimbursement of all and to the Class A-1B Certificate Insurer the amounts due allocable to such Certificates and to the Depositor Class A-1B Certificate Insurer held in the Certificate Account in the order and the Trustee hereunder), priority set forth in each case Section 4.04 hereof on the final Distribution Date and in the order set forth in Section 4.01, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates, the Class Certificate Balance thereof plus for each such Class accrued interest thereon in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.01, (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims, which retained amounts shall also be released to the Residual Certificates, as applicable, as and to the extent such amounts shall no longer be required to be so retained). The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances set forth in the Preliminary Statement upon liquidation of the Trust. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which that remain a part of the Trust Fund. If within one year after the second notice all Certificates shall 130 not have been surrendered for cancellation, the Class CE R Certificateholders shall be entitled to all unclaimed funds and other assets of the Trust Fund which that remain subject hereto. Upon payment to the Class R Certificateholders of such funds and assets, the Trustee shall have no further duties or obligations with respect thereto.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)