Common use of Monthly Statements to Certificateholders Clause in Contracts

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ix) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fund; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 5 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl2), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl2), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl6)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Provider, the Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer Company or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (viivi) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B Certificates (if any); (viiivii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ixviii) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (xix) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xix) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xiixi) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiiixii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xivxiii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xvxiv) whether a Trigger Event exists; (xvixv) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixvi) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Periodprior calendar month; (xviiixvii) the cumulative Realized Losses through the end of the preceding month; (xixxviii) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xxxix) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period;Sixty-Day Plus Delinquency Percentage (xxixx) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixxi) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiiixxii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundreserve fund; (xxivxxiii) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxvxxiv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvixxv) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxviixxvi) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.016.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee Securities Administrator five calendar days before each Distribution Date, and if no such notification occurs, the Trustee Securities Administrator has no obligation to report with respect to (xxvixxv). The Depositor covenants to the Trustee Securities Administrator that there will be no new issuance of securities backed by the same asset pool, so the Trustee Securities Administrator will only be responsible in (xxvxxiv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than four (4) Business Days (or at a time and date as is mutually agreed upon by the Securities Administrator and the Master Servicer), prior to the Distribution Date. In preparing or furnishing the foregoing Monthly Statement information, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Securities Administrator by the Master Servicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Securities Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders the parties hereto, the Certificateholders, the Swap Provider and each Rating Agency via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. Assistance in using the website can be obtained by calling the Trustee Securities Administrator at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Securities Administrator and indicating such. The Trustee may Securities Administrator shall have the right to change the way Monthly Statements such statements are distributed in order to make such distributions distribution more convenient or and/or more accessible to the above partiesparties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s internet website, the Securities Administrator may require registration and the acceptance of a disclaimer. The Securities Administrator will not be liable for the dissemination of information in accordance with this Agreement. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the Servicer. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating AgencyAgency on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished upon written request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(iv) and (a)(via)(v) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee The Securities Administrator shall furnish quarterly to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the related Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the related Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the related Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses losses realized with respect to the related Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement, Pooling and Servicing Agreement

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Provider, the Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer Company or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (viivi) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B Certificates (if any); (viiivii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ixviii) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (xix) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xix) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xiixi) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiiixii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xivxiii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xvxiv) whether a Trigger Event exists; (xvixv) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixvi) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Periodprior calendar month; (xviiixvii) the cumulative Realized Losses through the end of the preceding month; (xixxviii) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xxxix) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period;Sixty-Day Plus Delinquency Percentage (xxixx) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixxi) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiiixxii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundreserve fund; (xxivxxiii) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxvxxiv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvixxv) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxviixxvi) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee Securities Administrator five calendar days before each Distribution Date, and if no such notification occurs, the Trustee Securities Administrator has no obligation to report with respect to (xxvixxv). The Depositor covenants to the Trustee Securities Administrator that there will be no new issuance of securities backed by the same asset pool, so the Trustee Securities Administrator will only be responsible in (xxvxxiv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than four (4) Business Days (or at a time and date as is mutually agreed upon by the Securities Administrator and the Master Servicer), prior to the Distribution Date. In preparing or furnishing the foregoing Monthly Statement information, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Securities Administrator by the Master Servicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Securities Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the parties hereto, the Certificateholders and each Rating Agency via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. Assistance in using the website can be obtained by calling the Trustee Securities Administrator at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Securities Administrator and indicating such. The Trustee may Securities Administrator shall have the right to change the way Monthly Statements such statements are distributed in order to make such distributions distribution more convenient or and/or more accessible to the above parties. (b) The Trusteeparties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s responsibility for making internet website, the above information available to Securities Administrator may require registration and the Certificateholders is limited to the availability, timeliness and accuracy acceptance of the information received from the parties providing such information to the Trusteea disclaimer. The Trustee Securities Administrator will make available a copy not be liable for the dissemination of each statement provided pursuant to information in accordance with this Section 5.06 to each Rating AgencyAgreement. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (SACO I Trust 2006-10), Pooling and Servicing Agreement (SACO I Trust 2006-10)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates periods for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable related Servicer or the Master Servicer Company for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the each Class of Class A, Class M and Class B Certificates allocable to interest and the portion thereof interest (if any), provided by the Swap Agreement and vi) the amount of coverage remaining;the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and Stated Principal Balance of all of the Mortgage Loans for the related Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy and those Liquidated Mortgage Loans as of the end of a Prepayment Period) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) unless otherwise set forth in the Form 10-D relating to such distribution date, material breaches of pool asset representation or warranties or transaction covenants which have been reported to the securities administrator in accordance with this Agremeetn or the related Servicing Agreement; (xviii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the end of the Prepayment Period; (xx) the Realized Losses as of the close of business on the last day of the calendar month preceding such Distribution Date and the cumulative Realized Losses through the end of the preceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches of Mortgage Loan representations information on loss and delinquency used for determining early amortization, liquidation, stepdowns or warranties or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Servicers and the amount on deposit in the Reserve Fund;; and (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01weighted average remaining term. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee Securities Administrator may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the Servicers. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished furnish upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(iv) and (a)(via)(v) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee or the Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee Securities Administrator shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Provider, the Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) with respect to each Loan Group, the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable with respect to the Swap Administratoreach Loan Group, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders holders of the Class AI-A , Class M I-M, Class II-A and Class B II-M Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Interest Rate Swap Agreement and the amount of coverage remaining;Agreement (viivi) with respect to each Loan Group, the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B related Offered Certificates (if any); (viiivii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ixviii) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date with respect to such Loan Group and (ii) the allocation of any Applied Realized Loss Amounts with respect to such Loan Group for such Distribution Date; (xix) with respect to each Loan Group, the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including information; (x) the following: weighted average mortgage rate Pass-Through Rate for each Class of Class A, Class M and weighted average remaining termClass B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (xi) with respect to each Loan Group, the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as at the close of business on the end of the related Due PeriodDistribution Date, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Group I Loans and Group II Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, and (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) with respect to each Loan Group, the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage each Loan that was liquidated during the preceding calendar monthGroup, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar monthrelated Prepayment Period; (xv) whether a Trigger Event exists; (xvi) with respect to each Loan Group, information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixvi) with respect to each Loan Group, the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the last day of the related Due Periodcalendar month preceding such Distribution Date; (xviiixvii) with respect to each Loan Group, the cumulative Realized Losses through the end of the preceding month; (xixxviii) the amount of the distribution made on such Distribution Date with respect to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) each Loan Group, the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Group that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage LoansLoans in such Loan Group, in each case as of the end close of business on the last day of the Prepayment Period;calendar month preceding such Distribution Date, (xxixix) with respect to each Loan Group and if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixx) with respect to each Loan Group, material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiiixxi) with respect to each Loan Group, the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundrelated reserve fund; (xxivxxii) the amount of any Group I Net Swap Payment or Group II Net Swap Payment payable to the Trust, any Group I Net Swap Payment or Group II Net Swap Payment payable to the related Swap Provider, any Group I Swap Termination Payment or Group II Swap Termination Payment payable to the Trust and any Group I Swap Termination Payment or Group II Swap Termination Payment payable to the related Swap Provider;. (xxvxxiii) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvixxiv) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee Securities Administrator five calendar days before each Distribution Date, and if no such notification occurs, the Trustee Securities Administrator has no obligation to report with respect to (xxvixxiv). The Depositor covenants to the Trustee Securities Administrator that there will be no new issuance of securities backed by the same asset pool, so the Trustee Securities Administrator will only be responsible in (xxvxxiii) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than five (5) Business Days prior to the Distribution Date. In preparing or furnishing the foregoing Monthly Statement information, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Securities Administrator by the Master Servicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Securities Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the parties hereto, the Certificateholders and each Rating Agency via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may Securities Administrator shall have the right to change the way Monthly Statements such statements are distributed in order to make such distributions distribution more convenient or and/or more accessible to the above partiesparties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s internet website, the Securities Administrator may require registration and the acceptance of a disclaimer. The Securities Administrator will not be liable for the dissemination of information in accordance with this Agreement. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the related Servicers. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating AgencyAgency on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished upon written request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(i) and (a)(via)(ii) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee The Securities Administrator shall furnish quarterly to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the related Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the related Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the related Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses losses realized with respect to the related Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (SACO I Trust 2006-5), Pooling and Servicing Agreement (SACO I Trust 2006-5)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution datesDistribution Dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Master Servicer or the Master Servicer Company for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap AdministratorTrust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator Trust and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, A Certificates and Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and aggregate Stated Principal Balance of all of the Mortgage Loans for the following Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance of the Class A, A Certificates and Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution DateDate and separately identifying such information for the (1) first lien Mortgage Loans, (2) second lien Mortgage Loans, and (3) Adjustable Rate Mortgage Loans, in each such Loan Group; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount ofamount, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to the total number and principal balance of any Mortgage Loan Loans that was liquidated during have been modified in the preceding calendar month, previous twelve Distribution Dates (beginning with the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar monthCut-off Date); (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of Mortgage Loans that have been repurchased and substituted in the end of the related Due Periodprevious twelve Distribution Dates; (xviiixvi) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxixvii) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixviii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the close of business on the prior calendar month; (xix) the total number and principal balance of any real estate owned or REO Properties as of the end of the related calendar month; (xx) with respect to each Loan Group, material breaches of Mortgage Loan representations pool asset representation or warranties or transaction covenants; (xxi) the Delinquency Percentage; (xxii) whether a Trigger Event exists; (xxiii) the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges; (xxiv) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers and whether the trigger was met; (xxv) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxivxxvi) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxvxxvii) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvixxviii) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvixxv). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxvxxiv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Trustee and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information (only with respect to principal and interest) set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Derivative Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Derivative Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and Yield Maintenance Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case such Loan Group; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the close of business on the last day end of the calendar month preceding such Distribution DateDue Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the related Due PeriodDetermination Date preceding such Distribution Date; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xix) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the Prepayment Periodpreceding month; (xx) whether a Trigger Event exists; (xxi) if applicable, material modifications, extensions or waivers the amount of the distribution made on such Distribution Date to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timeHolders of the Class P Certificates allocable to Prepayment Charges; (xxii) material breaches of Mortgage Loan representations information on loss, delinquency or warranties other tests used for determining early amortization, liquidation, stepdowns or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “▇▇▇."www.etrustee.net". ▇▇▇▇▇▇▇▇.▇▇ ▇▇ ▇▇▇”. Assistance in using ing the website can be obtained by calling the Trustee Trustee's transaction administrator at (312) 992-2745. Par▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He2)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Derivative Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Derivative Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of each Class allocable to interest; (vii) the amount of such distribution to Holders of each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingDerivative Administration Agreement; (viiviii) the Interest Carry Forward Amounts Amount and any Basis Risk Shortfall Carry Forward Amounts Amount for the each Class A, Class M and Class B Certificates (if any)of Certificates; (viiiix) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ixx) the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date; (xi) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case as of the close of business on the last day of the calendar month preceding such Distribution DateLoan Group; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xv) the cumulative amount of Applied Realized Loss Amounts to date; (xvi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar monthDetermination Date preceding such Distribution Date; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixviii) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the related Due Period; (xviii) the cumulative Realized Losses through the end of the Determination Date preceding monthsuch Distribution Date; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xx) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the Prepayment Periodpreceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches the amount of Mortgage Loan representations or warranties or transaction covenantsthe distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trustfollowing: weighted average mortgage rate, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvixxv). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxvxxiv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to the TrusteeMaster Servicer. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC Trust 2006-Ec1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Trustee, the Master Servicer, the Swap Provider Corridor Contract Counterparty and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution datesDistribution Dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the Class A, Class M and Class B A-1 Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement Corridor Cap Contract and the amount of coverage remainingremaining under either credit enhancement; (viivi) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viiivii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (viii) the number and the aggregate of the Stated Principal Balance of all of the Mortgage Loans; (ix) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy and those Liquidated Mortgage Loans as of the end of a Prepayment Period) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiiixi) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviiixiii) the cumulative amount of Applied Realized Losses Loss Amounts through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fund; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Prime Mortgage Trust 2006-Cl1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider Providers, the Yield Maintenance Providers and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) with respect to each Loan Group, the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) with respect to each Loan Group, the amount of any related Net Swap Payment payable to the Swap Administratorrelated Sub-Trust with respect to the related Loan Group, any related Net Swap Payment payable to the related Swap Provider, any related Swap Termination Payment payable to the Swap Administrator related Sub-Trust with respect to the related Loan Group and any related Swap Termination Payment payable to the related Swap Provider; (v) with respect to each Loan Group, the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) with respect to each Loan Group, the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the related Swap Agreement and the related Yield Maintenance Agreement and the amount of coverage remainingremaining under either credit enhancement with respect to each Loan Group; (vii) with respect to each Loan Group, the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) with respect to each Loan Group, the number and the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date, together with updated pool composition information; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date with respect to such Loan Group and (ii) the allocation of any Applied Realized Loss Amounts with respect to such Loan Group for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case as of the close of business on the last day of the calendar month preceding such Distribution DateLoan Group; (xiiixii) with respect to each Loan Group, the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiii) with respect to each Loan Group, the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiv) with respect to each Loan Group, the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) with respect to each Loan Group and if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the close of business on the Determination Date preceding such Distribution Date; (xvii) with respect to each Loan Group, the total number and principal balance of any real estate owned or REO Properties as of the close of business on the Determination Date preceding such Distribution Date; (xviii) with respect to each Loan Group, the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Group that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans in such Loan Group, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xix) with respect to each Loan Group, the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the prior calendar preceding month; (xvxx) whether a Trigger Event exists; (xvi) with respect to each Loan Group, information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicablewith respect to each Loan Group, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxivxxii) updated pool composition data including the amount of any Net Swap Payment payable following with respect to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust each Loan Group: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxvxxiii) with respect to each Loan Group, information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvixxiv) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; (xxv) whether a Group I Trigger Event or a Group II Trigger event exists; and (xxviixxvi) each Mortgage Loan that has been released the amount of the distribution made on such Distribution Date to the Holders of the Class X Certificateholder pursuant I-P Certificates and Class II-P Certificates allocable to Section 5.01Prepayment Charges. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvixxv). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxvxxiv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to the TrusteeMaster Servicer. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and and (a)(via) (vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests regular and Residual Interests residual interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Insurer, the Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates periods for calculating distributions and general distribution dates; (ii) with respect to each Loan Group, the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Periodfees; (iv) the amount of any Net Swap Payment payable with respect to the Swap Administratoreach Loan Group, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders holders of the Class A, Class M and Class B Certificates offered certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments principal prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the any Extra Principal Distribution Amount included therein; (v) with respect to each Loan Group, the Net WAC Rate Carryover Amounts and any accrued but unpaid interest for the related offered certificates (if any); (vi) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Periodeach Loan Group, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ix) the Certificate Principal Balance of the Class A, Class M and Class B Certificates related offered certificates before and after giving effect (i) to all distributions allocable to the distribution of principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for Losses on such Distribution Date; (xvii) with respect to each Loan Group, the number and Stated Principal Balance of all the Mortgage Loans mortgage loans for such the following Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xiviii) the aggregate amount pass-through rate for each class of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds offered certificates for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xivix) with respect to each Loan Group and any Mortgage Loan mortgage loan that was liquidated during the preceding calendar month, the aggregate loan number and Stated Principal Balance of, and Realized Loss on, such Mortgage Loans mortgage loan as of the end of the prior calendar monthrelated Prepayment Period; (xvx) with respect to each Loan Group, whether a Trigger Event existsstepdown date or a trigger event is in effect; (xvixi) information on losswith respect to each Loan Group, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned owned, or REO Properties REO, properties as of the end of the related Due Prepayment Period; (xviiixii) with respect to each Loan Group, the cumulative Realized Losses through the end of the preceding month; (xixxiii) the amount of the distribution made on such Distribution Date with respect to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, each Loan Group and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan pool asset terms, fees, penalties or payments during the preceding calendar month distribution period or that have become material over time; (xxiixiv) material breaches of Mortgage with respect to each Loan representations or warranties or transaction covenants; (xxiii) Group, the amount of the Prepayment Charges remitted by the master each servicer and the amount on deposit in the Reserve Fund; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fundrelated reserve fund; and (xxviixv) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01special hazard amount, fraud loss amount and bankruptcy amount, if applicable, as of the close of business on the applicable Distribution Date. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee Securities Administrator may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Insurer via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the Servicers. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished furnish upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(i) and (a)(via)(ii) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee or the Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee Securities Administrator shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of related Regular Interests and related Residual Interests created hereunder and on the related Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each related class of Regular Interests and Residual Interests created hereunder and the related Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each related class of Regular Interests or Residual Interests created hereunder and to the related Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses losses realized with respect to the related Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates periods for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable related Servicer or the Master Servicer Company for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the each Class of Class A, Class M and Class B Certificates allocable to interest and the portion thereof interest (if any), provided by the Swap Agreement and vi) the amount of coverage remaining;the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Interest Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related applicable Net WAC Cap RateRate Cap; (ix) the number and Stated Principal Balance of all of the Mortgage Loans for the related Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy and those Liquidated Mortgage Loans as of the end of a Prepayment Period) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) unless otherwise set forth in the Form 10-D relating to such distribution date, material breaches of pool asset representation or warranties or transaction covenants which have been reported to the securities administrator in accordance with this Agremeetn or the related Servicing Agreement; (xviii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the end of the Prepayment Period; (xx) the Realized Losses as of the close of business on the last day of the calendar month preceding such Distribution Date and the cumulative Realized Losses through the end of the preceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches of Mortgage Loan representations information on loss and delinquency used for determining early amortization, liquidation, stepdowns or warranties or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Servicers and the amount on deposit in the Reserve Fund;; and (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01weighted average remaining term. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee Securities Administrator may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the Servicers. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished furnish upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(iv) and (a)(via)(v) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee or the Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee Securities Administrator shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac5)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates periods for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable related Servicer or the Master Servicer Company for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class AA (other than the Class A-5 Certificates), Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the each Class of Class A, Class M and Class B Certificates allocable to interest and the portion thereof interest (if any), provided by the Swap Agreement and vi) the amount of coverage remaining;the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Interest Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related applicable Net WAC Cap RateRate Cap; (ix) the number and Stated Principal Balance of all of the Mortgage Loans for the related Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy and those Liquidated Mortgage Loans as of the end of a Prepayment Period) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) unless otherwise previously reported in the Form 10-D, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) unless otherwise previously reported in the Form 10-D, material breaches of pool asset representation or warranties or transaction covenants which have been reported to the Trustee in accordance with this Agreement or the related Servicing Agreement; (xviii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent Delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the end of the Prepayment Period; (xx) the Realized Losses as of the close of business on the last day of the calendar month preceding such Distribution Date and the cumulative Realized Losses through the end of the preceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches of Mortgage Loan representations information on loss and delinquency used for determining early amortization, liquidation, stepdowns or warranties or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Servicers and the amount on deposit in the Reserve Fund;; and (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fundweighted average remaining term. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the Servicers. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished furnish upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(iv) and (a)(via)(v) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee or the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac4)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Provider, the Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) with respect to each Loan Group, the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable with respect to the Swap Administratoreach Loan Group, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders holders of the Class AI-A , Class M I-M, Class II-A and Class B II-M Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Interest Rate Swap Agreement and the amount of coverage remaining;Agreement (viivi) with respect to each Loan Group, the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B related Offered Certificates (if any); (viiivii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ixviii) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date with respect to such Loan Group and (ii) the allocation of any Applied Realized Loss Amounts with respect to such Loan Group for such Distribution Date; (xix) with respect to each Loan Group, the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including information; (x) the following: weighted average mortgage rate Pass-Through Rate for each Class of Class A, Class M and weighted average remaining termClass B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (xi) with respect to each Loan Group, the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as at the close of business on the end of the related Due PeriodDistribution Date, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Group I Loans and Group II Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, and (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) with respect to each Loan Group, the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage each Loan that was liquidated during the preceding calendar monthGroup, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar monthrelated Prepayment Period; (xv) whether a Trigger Event exists; (xvi) with respect to each Loan Group, information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixvi) with respect to each Loan Group, the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the last day of the related Due Periodcalendar month preceding such Distribution Date; (xviiixvii) with respect to each Loan Group, the cumulative Realized Losses through the end of the preceding month; (xixxviii) the amount of the distribution made on such Distribution Date with respect to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) each Loan Group, the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Group that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage LoansLoans in such Loan Group, in each case as of the end close of business on the last day of the Prepayment Period;calendar month preceding such Distribution Date, (xxixix) with respect to each Loan Group and if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixx) with respect to each Loan Group, material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiiixxi) with respect to each Loan Group, the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundrelated reserve fund; (xxivxxii) the amount of any Group I Net Swap Payment or Group II Net Swap Payment payable to the Trust, any Group I Net Swap Payment or Group II Net Swap Payment payable to the related Swap Provider, any Group I Swap Termination Payment or Group II Swap Termination Payment payable to the Trust and any Group I Swap Termination Payment or Group II Swap Termination Payment payable to the related Swap Provider;. (xxvxxiii) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvixxiv) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee Securities Administrator five calendar days before each Distribution Date, and if no such notification occurs, the Trustee Securities Administrator has no obligation to report with respect to (xxvixxiv). The Depositor covenants to the Trustee Securities Administrator that there will be no new issuance of securities backed by the same asset pool, so the Trustee Securities Administrator will only be responsible in (xxvxxiii) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than five (5) Business Days prior to the Distribution Date. In preparing or furnishing the foregoing Monthly Statement information, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Securities Administrator by the Master Servicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Securities Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the parties hereto, the Certificateholders and each Rating Agency via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may Securities Administrator shall have the right to change the way Monthly Statements such statements are distributed in order to make such distributions distribution more convenient or and/or more accessible to the above partiesparties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s internet website, the Securities Administrator may require registration and the acceptance of a disclaimer. The Securities Administrator will not be liable for the dissemination of information in accordance with this Agreement. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the related Servicers. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating AgencyAgency on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished upon written request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(i) and (a)(via)(ii) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee The Securities Administrator shall furnish quarterly to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the related Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the related Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the related Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses losses realized with respect to the related Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution datesDistribution Dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap AdministratorTrust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator Trust and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, A Certificates and Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and aggregate Stated Principal Balance of all of the Mortgage Loans for the following Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance of the Class A, A Certificates and Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date, or with respect to the first Distribution Date, as of the close of business on the last day of the calendar month two months preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, (2) second lien Mortgage Loans, and (3) Adjustable Rate Mortgage Loans, in each such Loan Group; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount ofamount, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxixv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month (or with respect to the first Distribution Date, any Mortgage Loan that was liquidated during the calendar month two months prior to such Distribution Date), the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the close of business on the prior calendar month; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related calendar month, or with respect the first Distribution Date, as of the end of the calendar month two months prior to such Distribution Date; (xviii) with respect to each Loan Group, material breaches of Mortgage Loan representations pool asset representation or warranties or transaction covenants; (xix) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more Delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans, in each case as of the end of the Prepayment Period; (xx) whether a Trigger Event exists; (xxi) the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges; (xxii) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Swap Provider via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Trustee and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He4)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider Providers and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) with respect to each Loan Group, the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) with respect to each Loan Group, the amount of any related Net Swap Payment payable to the Swap Administratorrelated Sub-Trust with respect to the related Loan Group, any related Net Swap Payment payable to the related Swap Provider, any related Swap Termination Payment payable to the Swap Administrator related Sub-Trust with respect to the related Loan Group and any related Swap Termination Payment payable to the related Swap Provider; (v) with respect to each Loan Group, the amount of the related distribution to Holders of the Class A, A Certificates and Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) with respect to each Loan Group, the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the related Swap Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) with respect to each Loan Group, the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the Certificate Principal Balance of the Class Awith respect to each Loan Group, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and aggregate Stated Principal Balance of all of the Mortgage Loans for such the following Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xix) the aggregate amount Certificate Principal Balance of Advances included in the distribution Class A Certificates and Class M Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date with respect to each Loan Group and (including ii) the general purpose allocation of any Applied Realized Loss Amounts with respect to each Loan Group for such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursementsDistribution Date; (xiixi) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case such Loan Group; (xii) with respect to each Loan Group, the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the close of business on the last day end of the calendar month preceding such Distribution DateDue Period, and the general source of funds for reimbursements; (xiii) with respect to each Loan Group, the amount ofamount, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to each Loan Group, the cumulative Realized Losses through the end of the preceding month; (xv) with respect to each Loan Group, if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) with respect to each Loan Group, the total number and principal balance of any real estate owned or REO Properties as of the as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end with respect to each loan group, material breaches of the preceding monthpool asset representation or warranties or transaction covenants; (xix) the amount of the distribution made on such Distribution Date with respect to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) each Loan Group, the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Group that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans, in each case as of the end of the Prepayment Period; (xx) whether a Group I Trigger Event or a Group II Trigger event exists; (xxi) if applicable, material modifications, extensions or waivers the amount of the distribution made on such Distribution Date to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timeHolders of the Class I-P Certificates and Class II-P Certificates allocable to Prepayment Charges; (xxii) material breaches of Mortgage with respect to each Loan representations Group, information on loss, delinquency or warranties other tests used for determining early amortization, liquidation, stepdowns or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Group I Reserve Fund and Group II Reserve Fund; (xxiv) with respect to each Loan Group, updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) with respect to each Loan Group, information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) with respect to each Loan Group, any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Trustee and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information (only with respect to principal and interest) set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests regular and Residual Interests residual interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He6)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Derivative Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Derivative Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and Yield Maintenance Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), in each case the aggregate amount of unreimbursed Advances as of the close of business on the last day end of the calendar month preceding such Distribution DateDue Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the related Due PeriodDetermination Date preceding such Distribution Date; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xix) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the Prepayment Periodpreceding month; (xx) whether a Trigger Event exists; (xxi) if applicable, material modifications, extensions or waivers the amount of the distribution made on such Distribution Date to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timeHolders of the Class P Certificates allocable to Prepayment Charges; (xxii) material breaches of Mortgage Loan representations information on loss, delinquency or warranties other tests used for determining early amortization, liquidation, stepdowns or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “▇▇▇."www.etrustee.net". A▇▇▇▇▇▇▇▇.▇ ▇▇ ▇▇▇”. Assistance in using ng the website can be obtained by calling the Trustee Trustee's customer service desk at (312) 992-1743. Part▇▇▇ ▇▇▇) ▇▇-▇▇▇▇. Parties that are unable nable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s 's responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests regular and Residual Interests residual interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on "prohibited transactions,” “" "contributions" or "net income from foreclosure property" or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC Trust 2006-Ec2)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates periods for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable related Servicer or the Master Servicer Company for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class AA (other than the Class A-6 Certificates), Class M PO, Class R and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, therein and (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any)therein; (viv) the amount of such distribution to Holders of the each Class of Class A, Class M X and Class B Certificates allocable to interest and the portion thereof interest (if any), provided by the Swap Agreement and vi) the amount of coverage remaining;the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M X and Class B Certificates with respect to the current Interest Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by ; (viii) the number and Stated Principal Balance of all of the Mortgage Loans for the related Net WAC Cap RateDistribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (ix) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts Losses for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy and those Liquidated Mortgage Loans as of the end of a Prepayment Period) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiiixi) the amount ofof aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), if anythe aggregate amount of unreimbursed Advances as of the end of the Due Period, of excess cashflow or excess spread and the application general source of such excess cashflowfunds for reimbursements; (xii) the cumulative amount of Realized Losses through the end of the preceding month; (xiii) unless otherwise previously reported in the Form 10-D, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar monthDetermination Date preceding such Distribution Date; (xv) whether a Trigger Event existsunless otherwise previously reported in the Form 10-D, material breaches of pool asset representation or warranties or transaction covenants which have been reported to the Trustee in accordance with this Agreement or the related Servicing Agreement; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xxxvii) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent Delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the end of the Prepayment Period; (xxixviii) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the Realized Losses as of the close of business on the last day of the calendar month preceding such Distribution Date and the cumulative Realized Losses through the end of the preceding calendar month or that have become material over timemonth; (xxiixix) material breaches of Mortgage Loan representations information on loss and delinquency used for determining early amortization, liquidation, stepdowns or warranties or transaction covenantsother performance triggers and whether the trigger was met; (xxiiixx) the amount of the Prepayment Charges remitted by the master servicer Servicers and the amount on deposit in the Reserve Fund; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxviixxi) each Mortgage Loan that has been released to updated pool composition data including the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, following: weighted average mortgage rate and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fundweighted average remaining term. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the Servicers. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished furnish upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(iv) and (a)(via)(v) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee or the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac5)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the related offered certificates (if any); (vii) the amount of such distribution to Holders of the each Class of Class A, Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remaining; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B Certificates (if any)remaining under either credit enhancement; (viii) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of each Class before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (ix) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information; (x) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ix) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining termRate Cap; (xi) the aggregate amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, and (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the last day of the prior calendar monthmonth preceding such Distribution Date; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixvi) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the related Due PeriodDetermination Date preceding such Distribution Date; (xviiixvii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xxxviii) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end close of business on the last day of the Prepayment Period;calendar month preceding such Distribution Date, (xxixix) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiiixx) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fundreserve fund. (xxi) updated pool composition data including the following: weighted average mortgage rate and weighted average remaining term; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxvxxii) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvixxiii) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvixxiii). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxvxxii) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Trustee’s transaction administrator at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests regular and Residual Interests residual interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (SACO I Trust 2006-4)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B related Offered Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ix) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundreserve fund; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl3)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B related Offered Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ix) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fund; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl5)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates periods for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable related Servicer or the Master Servicer Company for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the each Class of Class A, Class M and Class B Certificates allocable to interest and the portion thereof interest (if any), provided by the Swap Agreement and vi) the amount of coverage remaining;the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and Stated Principal Balance of all of the Mortgage Loans for the related Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy and those Liquidated Mortgage Loans as of the end of a Prepayment Period) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) unless otherwise set forth in the Form 10-D relating to such distribution date, material breaches of pool asset representation or warranties or transaction covenants which have been reported to the securities administrator in accordance with this Agremeetn or the related Servicing Agreement; (xviii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the end of the Prepayment Period; (xx) the Realized Losses as of the close of business on the last day of the calendar month preceding such Distribution Date and the cumulative Realized Losses through the end of the preceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches of Mortgage Loan representations information on loss and delinquency used for determining early amortization, liquidation, stepdowns or warranties or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Servicers and the amount on deposit in the Reserve Fund;; and (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01weighted average remaining term. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee Securities Administrator may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “▇▇▇.▇www.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s customer service desk at (▇▇30▇) ▇▇▇-▇▇▇▇. Parties ▇arties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the Servicers. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished furnish upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(iv) and (a)(via)(v) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee or the Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee Securities Administrator shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Provider, the Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer Company or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (viivi) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B Certificates (if any); (viiivii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ixviii) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (xix) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xix) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xiixi) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiiixii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xivxiii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xvxiv) whether a Trigger Event exists; (xvixv) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixvi) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Periodprior calendar month; (xviiixvii) the cumulative Realized Losses through the end of the preceding month; (xixxviii) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xxxix) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period;Sixty-Day Plus Delinquency Percentage (xxixx) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixxi) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiiixxii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundreserve fund; (xxivxxiii) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxvxxiv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvixxv) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxviixxvi) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.016.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee Securities Administrator five calendar days before each Distribution Date, and if no such notification occurs, the Trustee Securities Administrator has no obligation to report with respect to (xxvixxv). The Depositor covenants to the Trustee Securities Administrator that there will be no new issuance of securities backed by the same asset pool, so the Trustee Securities Administrator will only be responsible in (xxvxxiv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than four (4) Business Days (or at a time and date as is mutually agreed upon by the Securities Administrator and the Master Servicer), prior to the Distribution Date. In preparing or furnishing the foregoing Monthly Statement information, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Securities Administrator by the Master Servicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Securities Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders the parties hereto, the Certificateholders, the Swap Provider and each Rating Agency via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. Assistance in using the website can be obtained by calling the Trustee Securities Administrator at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Securities Administrator and indicating such. The Trustee may Securities Administrator shall have the right to change the way Monthly Statements such statements are distributed in order to make such distributions distribution more convenient or and/or more accessible to the above parties. (b) The Trusteeparties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s responsibility for making internet website, the above information available to Securities Administrator may require registration and the Certificateholders is limited to the availability, timeliness and accuracy acceptance of the information received from the parties providing such information to the Trusteea disclaimer. The Trustee Securities Administrator will make available a copy not be liable for the dissemination of each statement provided pursuant to information in accordance with this Section 5.06 to each Rating AgencyAgreement. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (SACO I Trust 2007-2)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Provider, the Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (viivi) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B Certificates (if any); (viiivii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ixviii) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (xix) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xix) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xiixi) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiiixii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xivxiii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar monthDue Period; (xvxiv) whether a Trigger Event exists; (xvixv) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixvi) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviiixvii) the cumulative Realized Losses through the end of the preceding month; (xixxviii) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xxxix) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period;Sixty-Day Plus Delinquency Percentage (xxixx) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixxi) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiiixxii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundreserve fund; (xxivxxiii) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider;. (xxvxxiv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvixxv) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee Securities Administrator five calendar days before each Distribution Date, and if no such notification occurs, the Trustee Securities Administrator has no obligation to report with respect to (xxvixxv). The Depositor covenants to the Trustee Securities Administrator that there will be no new issuance of securities backed by the same asset pool, so the Trustee Securities Administrator will only be responsible in (xxvxxiv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than four (4) Business Days (or at a time and date as is mutually agreed upon by the Securities Administrator and the Master Servicer), prior to the Distribution Date. In preparing or furnishing the foregoing Monthly Statement information, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Securities Administrator by the Master Servicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Securities Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the parties hereto, the Certificateholders and each Rating Agency via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. Assistance in using the website can be obtained by calling the Trustee Securities Administrator at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Securities Administrator and indicating such. The Trustee may Securities Administrator shall have the right to change the way Monthly Statements such statements are distributed in order to make such distributions distribution more convenient or and/or more accessible to the above partiesparties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s internet website, the Securities Administrator may require registration and the acceptance of a disclaimer. The Securities Administrator will not be liable for the dissemination of information in accordance with this Agreement. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the related Servicers. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating AgencyAgency on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished upon written request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(i) and (a)(via)(ii) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee The Securities Administrator shall furnish quarterly to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the related Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the related Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the related Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses losses realized with respect to the related Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (SACO I Trust 2006-9)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates periods for calculating distributions and general distribution dates; (ii) with respect to each Loan Group, the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Periodfees; (iv) the amount of any Net Swap Payment payable with respect to the Swap Administratoreach Loan Group, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders holders of the Class A, Class M and Class B Certificates offered certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments principal prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the any Extra Principal Distribution Amount included therein; (v) with respect to Loan Group I, the Basis Risk Shortfall Carry-forward Amounts and any accrued but unpaid interest for the Group I Offered Certificates (if any); (vi) with respect to each Loan Group, the amount of such distribution to Holders Certificate Principal Balance of the Class A, Class M related Offered Certificates before and Class B Certificates allocable after giving effect to interest the distribution of principal and the portion thereof (if any), provided by the Swap Agreement and the amount allocation of coverage remainingRealized Losses on such Distribution Date; (vii) with respect to each Loan Group, the Interest Carry Forward Amounts number and any Basis Risk Shortfall Carry Forward Amounts Stated Principal Balance of all the mortgage loans for the Class A, Class M and Class B Certificates (if any)following Distribution Date; (viii) the Pass-Through Rate for each Class class of Class A, Class M and Class B Offered Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ix) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xivix) with respect to each Loan Group and any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate loan number and Stated Principal Balance of, and Realized Loss on, such Mortgage Loans mortgage loan as of the end of the prior calendar monthrelated Prepayment Period; (xvx) with respect to Loan Group I, whether a Stepdown Date or a Trigger Event existsis in effect; (xvixi) information on losswith respect to each Loan Group, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned owned, or REO Properties REO, properties as of the end of the related Due Prepayment Period; (xviiixii) with respect to each Loan Group, the cumulative Realized Losses through the end of the preceding month; (xixxiii) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges[reserved]; (xxxiv) with respect to the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the ▇▇▇▇ Financial Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fund▇▇▇▇ Financial; (xxivxv) the amount, if any, received under each Corridor Contract; (xvi) the amount of any Net Swap Payment payable to distributable on the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust FundClass P Certificates; and (xxviixvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01special hazard amount, fraud loss amount and bankruptcy amount, if applicable, as of the close of business on the applicable Distribution Date. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee Securities Administrator may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-3)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Provider, the Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B Certificates (if any); (viiivii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ixviii) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (xix) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including information; (x) the following: weighted average mortgage rate Pass-Through Rate for each Class of Class A, Class M and weighted average remaining termClass B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the Net WAC Cap Rate; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as at the close of business on the end of the related Due PeriodDistribution Date, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, and (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar monthrelated Prepayment Period; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixvi) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the last day of the related Due Periodcalendar month preceding such Distribution Date; (xviiixvii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xxxviii) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end close of business on the last day of the Prepayment Period;calendar month preceding such Distribution Date, (xxixix) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixx) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiiixxi) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundrelated reserve fund; (xxivxxii) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the related Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider;. (xxvxxiii) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvixxiv) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee Securities Administrator five calendar days before each Distribution Date, and if no such notification occurs, the Trustee Securities Administrator has no obligation to report with respect to (xxvixxiv). The Depositor covenants to the Trustee Securities Administrator that there will be no new issuance of securities backed by the same asset pool, so the Trustee Securities Administrator will only be responsible in (xxvxxiii) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than four (4) Business Days or as otherwise agreed upon by the Securities Administrator and the Master Servicer prior to the Distribution Date. In preparing or furnishing the foregoing Monthly Statement information, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Securities Administrator by the Master Servicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Securities Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the parties hereto, the Certificateholders and each Rating Agency via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may Securities Administrator shall have the right to change the way Monthly Statements such statements are distributed in order to make such distributions distribution more convenient or and/or more accessible to the above parties. (b) The Trusteeparties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s responsibility for making internet website, the above information available to Securities Administrator may require registration and the Certificateholders is limited to the availability, timeliness and accuracy acceptance of the information received from the parties providing such information to the Trusteea disclaimer. The Trustee Securities Administrator will make available a copy not be liable for the dissemination of each statement provided pursuant to information in accordance with this Section 5.06 to each Rating AgencyAgreement. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (SACO I Trust 2006-6)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case such Loan Group; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the close of business on the last day end of the calendar month preceding such Distribution DateDue Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the related Due PeriodDetermination Date preceding such Distribution Date; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xix) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the Prepayment Periodpreceding month; (xx) whether a Trigger Event exists; (xxi) if applicable, material modifications, extensions or waivers the amount of the distribution made on such Distribution Date to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timeHolders of the Class P Certificates allocable to Prepayment Charges; (xxii) material breaches of Mortgage Loan representations information on loss, delinquency or warranties other tests used for determining early amortization, liquidation, stepdowns or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Trustee and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information (only with respect to principal and interest) set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests regular and Residual Interests residual interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He5)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Trustee, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case such Loan Group; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the close of business on the last day end of the calendar month preceding such Distribution DateDue Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the related Due PeriodDetermination Date preceding such Distribution Date; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xix) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the Prepayment Periodpreceding month; (xx) whether a Trigger Event exists; (xxi) if applicable, material modifications, extensions or waivers the amount of the distribution made on such Distribution Date to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timeHolders of the Class P Certificates allocable to Prepayment Charges; (xxii) material breaches of Mortgage Loan representations information on loss, delinquency or warranties other tests used for determining early amortization, liquidation, stepdowns or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee Securities Administrator five calendar days before each Distribution Date, and if no such notification occurs, the Trustee Securities Administrator has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee Securities Administrator that there will be no new issuance of securities backed by the same asset pool, so the Trustee Securities Administrator will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee Securities Administrator may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s transaction administrator desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above partiesparties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s internet website, the Securities Administrator may request registration and the acceptance of a disclaimer. The Securities Administrator will not be liable for the dissemination of information in accordance with this Agreement. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the TrusteeSecurities Administrator. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating AgencyAgency on its website at . (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information (only with respect to principal and interest) set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee Securities Administrator shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests regular and Residual Interests residual interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He4)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution datesDistribution Dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Master Servicer or the Master Servicer Company for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap AdministratorTrust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator Trust and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, A Certificates and Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and aggregate Stated Principal Balance of all of the Mortgage Loans for the following Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance of the Class A, A Certificates and Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution DateDate and separately identifying such information for the Adjustable Rate Mortgage Loans, in each such Loan Group; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount ofamount, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to the total number and principal balance of any Mortgage Loan Loans that was liquidated during have been modified in the preceding calendar month, previous twelve Distribution Dates (beginning with the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar monthCut-off Date); (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of Mortgage Loans that have been repurchased and substituted in the end of the related Due Periodprevious twelve Distribution Dates; (xviiixvi) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxixvii) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixviii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the close of business on the prior calendar month; (xix) the total number and principal balance of any real estate owned or REO Properties as of the end of the related calendar month; (xx) with respect to each Loan Group, material breaches of Mortgage Loan representations pool asset representation or warranties or transaction covenants; (xxi) the Delinquency Percentage; (xxii) whether a Trigger Event exists; (xxiii) the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges; (xxiv) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers and whether the trigger was met; (xxv) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxivxxvi) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxvxxvii) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvixxviii) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvixxv). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxvxxiv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Trustee and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties.. In addition to the above, the Trustee shall also make available on the Trustee's internet website a monthly loan level data file containing data provided to the Trustee by the Master Servicer, available to those who are permitted to access the website, including the Rating Agencies. Such data at a minimum shall contain the fields referenced in Exhibit Z. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information (only with respect to principal and interest) set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He7)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Derivative Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Derivative Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of each Class allocable to interest; (vii) the amount of such distribution to Holders of each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingDerivative Administration Agreement; (viiviii) the Interest Carry Forward Amounts Amount and any Basis Risk Shortfall Carry Forward Amounts Amount for the each Class A, Class M and Class B Certificates (if any)of Certificates; (viiiix) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ixx) the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date; (xi) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case as of the close of business on the last day of the calendar month preceding such Distribution DateLoan Group; (xiii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiv) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xivxv) the cumulative amount of Applied Realized Loss Amounts to date; (xvi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar monthDetermination Date preceding such Distribution Date; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixviii) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the related Due Period; (xviii) the cumulative Realized Losses through the end of the Determination Date preceding monthsuch Distribution Date; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xx) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the Prepayment Periodpreceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches the amount of Mortgage Loan representations or warranties or transaction covenantsthe distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to the TrusteeMaster Servicer. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests regular and Residual Interests residual interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Pc1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution datesDistribution Dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap AdministratorTrust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator Trust and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, A Certificates and Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and aggregate Stated Principal Balance of all of the Mortgage Loans for the following Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance of the Class A, A Certificates and Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case such Loan Group; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the close of business on the last day end of the calendar month preceding such Distribution DateDue Period, and the general source of funds for reimbursements; (xiii) the amount ofamount, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative Realized Losses through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Periodcalendar month; (xviii) the cumulative Realized Losses through the end with respect to each loan group, material breaches of the preceding monthpool asset representation or warranties or transaction covenants; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans, in each case as of the end of the Prepayment Period; (xx) whether a Trigger Event exists; (xxi) if applicable, material modifications, extensions or waivers the amount of the distribution made on such Distribution Date to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timeHolders of the Class P Certificates allocable to Prepayment Charges; (xxii) material breaches of Mortgage Loan representations information on loss, delinquency or warranties other tests used for determining early amortization, liquidation, stepdowns or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Trustee and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information (only with respect to principal and interest) set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Fs1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B related Offered Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ix) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar monthDue Period; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundreserve fund; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider;. (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution datesDistribution Dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap AdministratorTrust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator Trust and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, A Certificates and Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingremaining under such credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and aggregate Stated Principal Balance of all of the Mortgage Loans for the following Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance of the Class A, A Certificates and Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), in each case the aggregate amount of unreimbursed Advances as of the close of business on the last day end of the calendar month preceding such Distribution DateDue Period, and the general source of funds for reimbursements; (xiii) the amount ofamount, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative Realized Losses through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Periodcalendar month; (xviii) the cumulative Realized Losses through the end material breaches of the preceding monthpool asset representation or warranties or transaction covenants; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans, in each case as of the end of the Prepayment Period; (xx) whether a Trigger Event exists; (xxi) if applicable, material modifications, extensions or waivers the amount of the distribution made on such Distribution Date to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timeHolders of the Class P Certificates allocable to Prepayment Charges; (xxii) material breaches of Mortgage Loan representations information on loss, delinquency or warranties other tests used for determining early amortization, liquidation, stepdowns or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Trustee and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Aq1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Derivative Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Derivative Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of each Class allocable to interest; (vii) the amount of such distribution to Holders of each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingDerivative Administration Agreement; (viiviii) the Interest Carry Forward Amounts Amount and any Basis Risk Shortfall Carry Forward Amounts Amount for the each Class A, Class M and Class B Certificates (if any)of Certificates; (viiiix) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ixx) the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date; (xi) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case as of the close of business on the last day of the calendar month preceding such Distribution DateLoan Group; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xv) the cumulative amount of Applied Realized Loss Amounts to date; (xvi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar monthDetermination Date preceding such Distribution Date; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixviii) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the related Due Period; (xviii) the cumulative Realized Losses through the end of the Determination Date preceding monthsuch Distribution Date; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xx) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the Prepayment Periodpreceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches the amount of Mortgage Loan representations or warranties or transaction covenantsthe distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trustfollowing: weighted average mortgage rate, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvixxvii). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxvxxvi) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to the TrusteeMaster Servicer. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC Trust 2006-Ec1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution datesDistribution Dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap AdministratorTrust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator Trust and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, A Certificates and Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and aggregate Stated Principal Balance of all of the Mortgage Loans for the following Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance of the Class A, A Certificates and Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution DateDate and separately identifying such information for the (1) first lien Mortgage Loans, (2) second lien Mortgage Loans, and (3) Adjustable Rate Mortgage Loans, in each such Loan Group; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount ofamount, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxixv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the close of business on the prior calendar month; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related calendar month; (xviii) with respect to each Loan Group, material breaches of Mortgage Loan representations pool asset representation or warranties or transaction covenants; (xix) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more Delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans, in each case as of the end of the Prepayment Period; (xx) whether a Trigger Event exists; (xxi) the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges; (xxii) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Trustee and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He5)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution datesDistribution Dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap AdministratorTrust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator Trust and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, A Certificates and Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingremaining under either credit enhancement; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ix) the number and aggregate Stated Principal Balance of all of the Mortgage Loans for the following Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance of the Class A, A Certificates and Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution DateDate and separately identifying such information for the (1) first lien Mortgage Loans, (2) second lien Mortgage Loans, and (3) Adjustable Rate Mortgage Loans, in each such Loan Group; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount ofamount, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxixv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiixvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the close of business on the prior calendar month; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related calendar month; (xviii) with respect to each Loan Group, material breaches of Mortgage Loan representations pool asset representation or warranties or transaction covenants; (xix) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more Delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans, in each case as of the end of the Prepayment Period; (xx) whether a Trigger Event exists; (xxi) the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges; (xxii) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Trustee and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such the information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He3)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B related Offered Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ix) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fund; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.www.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇31▇) ▇▇▇-▇▇▇▇. Parties ▇arties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl4)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee Securities Administrator shall prepare and make available to each Holder of Certificates, the Master ServicerTrustee, the Swap Provider Master Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates periods for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable related Servicer or the Master Servicer Company for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class X, Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the each Class of Class A, Class X, Class M and Class B Certificates allocable to interest and the portion thereof interest (if any), provided by the Swap Agreement and vi) the amount of coverage remaining;the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class X, Class M and Class B Certificates with respect to the current Interest Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related applicable Net WAC Cap RateRate Cap; (ix) the number and Stated Principal Balance of all of the Mortgage Loans for the related Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy and those Liquidated Mortgage Loans as of the end of a Prepayment Period) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) unless otherwise set forth in the Form 10-D relating to such distribution date, material breaches of pool asset representation or warranties or transaction covenants which have been reported to the securities administrator in accordance with this Agremeetn or the related Servicing Agreement; (xviii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the end of the Prepayment Period; (xx) the Realized Losses as of the close of business on the last day of the calendar month preceding such Distribution Date and the cumulative Realized Losses through the end of the preceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches of Mortgage Loan representations information on loss and delinquency used for determining early amortization, liquidation, stepdowns or warranties or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Servicers and the amount on deposit in the Reserve Fund;; and (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Provider; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01weighted average remaining term. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee Securities Administrator may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The TrusteeSecurities Administrator’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the Servicers. The Trustee Securities Administrator will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall cause to be furnished furnish upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(iv) and (a)(via)(v) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee or the Securities Administrator pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee Securities Administrator shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and the portion thereof (if any), provided by the Swap Agreement and the amount of coverage remaining; (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the Class A, Class M and Class B related Offered Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap Rate; (ix) the Certificate Principal Balance of the Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, exclusive of Mortgage Loans in foreclosure, (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar monthDue Period; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xvii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case as of the end of the Prepayment Period; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxii) material breaches of Mortgage Loan representations or warranties or transaction covenants; (xxiii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve Fundreserve fund; (xxiv) the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider;. (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable;; and (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received from the parties providing such information to the Trustee. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl2)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider Servicer and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates periods for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable related Servicer or the Master Servicer Company for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the Class AA-1, Class M and Class B Certificates (by classClass) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (viv) the amount of such distribution to Holders of the each Class of Class A, Class M and Class B Certificates allocable to interest and the portion thereof interest (if any), provided by the Swap Agreement and vi) the amount of coverage remaining;the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges (vii) the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for the each Class A, Class M and Class B of Certificates (if any); (viii) the Pass-Through Rate for each Class of Class A, Class M and Class B Certificates with respect to the current Interest Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related applicable Net WAC Cap RateRate Cap; (ix) the number and Stated Principal Balance of all of the Mortgage Loans for the related Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (x) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy and those Liquidated Mortgage Loans as of the end of a Prepayment Period) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Delinquent and (C) in bankruptcy and Delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date; (xii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) the cumulative amount of Applied Realized Loss Amounts through the end of the preceding month; (xv) unless otherwise previously reported in the Form 10-D, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvi) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was metDetermination Date preceding such Distribution Date; (xvii) unless otherwise previously reported in the Form 10-D, material breaches of pool asset representation or warranties or transaction covenants which have been reported to the Trustee in accordance with this Agreement or the related Servicing Agreement; (xviii) the total number and principal balance of any real estate owned or REO Properties as of the end of the related Due Period; (xviii) the cumulative Realized Losses through the end of the preceding month; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent Delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the end of the Prepayment Period; (xx) the Realized Losses as of the close of business on the last day of the calendar month preceding such Distribution Date and the cumulative Realized Losses through the end of the preceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches of Mortgage Loan representations information on loss and delinquency used for determining early amortization, liquidation, stepdowns or warranties or transaction covenantsother performance triggers and whether the trigger was met; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Servicers and the amount on deposit in the Reserve Fund; (xxiv) the amount of any Net Swap Payment payable such distribution to Holders of the TrustClass A-1 Certificates allocable to interest and the portion thereof, any Net Swap Payment payable to if any, provided by the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap Provider;Class A-1 Corridor Contract; and (xxv) information regarding any new issuance of securities backed by updated pool composition data including the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, following: weighted average mortgage rate and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fundweighted average remaining term. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to Master Servicer, the TrusteeCompany and the Servicers. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 6.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished furnish upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(iv) and (a)(via)(v) of this Section 5.06 6.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee or the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the related Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.1210.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac3)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement setting forth for the Certificates: (i) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (ii) the total cash flows received and the general sources thereof; (iii) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due Period; (iv) the amount of any Net Swap Payment payable to the Swap Derivative Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Derivative Administrator and any Swap Termination Payment payable to the Swap Provider; (v) the amount of the related distribution to Holders of the each Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any); (vi) the amount of such distribution to Holders of each Class allocable to interest; (vii) the amount of such distribution to Holders of each Class A, of Class A Certificates and Class M and Class B Certificates allocable to interest and the portion thereof (thereof, if any), provided by the Swap Agreement and the amount of coverage remainingDerivative Administration Agreement; (viiviii) the Interest Carry Forward Amounts Amount and any Basis Risk Shortfall Carry Forward Amounts Amount for the each Class A, Class M and Class B Certificates (if any)of Certificates; (viiiix) the Pass-Through Rate for each Class of Class A, A Certificates and Class M and Class B Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateRate Cap; (ixx) the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date; (xi) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of the each Class A, Class M and Class B Certificates before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (x) the number and Stated Principal Balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans in each Loan Group (A) Delinquent, Delinquent (exclusive of Mortgage Loans in foreclosure, foreclosure and bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in foreclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent and (C) in bankruptcy and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy and Delinquent separately identifying such information for the (1) 30 days Delinquentfirst lien Mortgage Loans, (2) 60 days Delinquent second lien Mortgage Loans, and (3) 90 days or more DelinquentAdjustable Rate Mortgage Loans, in each case as of the close of business on the last day of the calendar month preceding such Distribution DateLoan Group; (xiii) the amount of aggregate Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the Due Period, and the general source of funds for reimbursements; (xiv) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xivxv) the cumulative amount of Applied Realized Loss Amounts to date; (xvi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xvii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end close of business on the prior calendar monthDetermination Date preceding such Distribution Date; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixviii) the total number and principal balance of any real estate owned or REO Properties as of the end close of business on the related Due Period; (xviii) the cumulative Realized Losses through the end of the Determination Date preceding monthsuch Distribution Date; (xix) the amount of the distribution made on such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment Charges; (xx) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xx) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the Prepayment Periodpreceding month; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over timewhether a Trigger Event exists; (xxii) material breaches the amount of Mortgage Loan representations or warranties or transaction covenantsthe distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges; (xxiii) the amount of the Prepayment Charges remitted by the master servicer Master Servicer and the amount on deposit in the Reserve Fund; (xxiv) updated pool composition data including the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust following: weighted average mortgage rate and any Swap Termination Payment payable to the Swap Providerweighted average remaining term; (xxv) information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, if applicable; (xxvi) any material changes in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund; and (xxvii) each Mortgage Loan that has been released to the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Date, and if no such notification occurs, the Trustee has no obligation to report with respect to (xxvi). The Depositor covenants to the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may change the way Monthly Statements are distributed in order to make such distributions more convenient or more accessible to the above parties. (b) The Trustee’s responsibility for making the above information available to the Certificateholders is limited to the availability, timeliness and accuracy of the information received derived from the parties providing such information to the TrusteeMaster Servicer. The Trustee will make available a copy of each statement provided pursuant to this Section 5.06 to each Rating Agency. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(v) and (a)(vi) of this Section 5.06 aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Pc1)

Monthly Statements to Certificateholders. (a) Not later than each Distribution Date, the Trustee shall prepare and make available to each Holder of CertificatesCertificateholder, the Master Servicer, the Depositor, the Certificate Insurer, the Swap Provider and the Depositor each Rating Agency on its Internet website a statement setting forth for the Certificatesrelated distribution of: (i) the applicable record datesRecord Dates, accrual periods, determination dates Interest Accrual Periods and Determination Dates for calculating distributions and general distribution datesfor such Distribution Date; (ii) the total cash flows amount of funds received from the Servicer for such Distribution Date separately identifying amounts received in respect of the Mortgage Loans, the amount of Advances included in the distribution on the Distribution Date, the amount of any Net Swap Payment made to the Supplemental Interest Trust and any Swap Termination Payment made to the general sources thereofSupplemental Interest Trust; (iii) the amount, if any, of fees or expenses accrued Servicing Fee and paid, with an identification of the payee and the general purpose of Trustee Fee for such fees including the related amount of the Servicing Fees paid to or retained by the applicable Servicer or the Master Servicer for the related Due PeriodDistribution Date; (iv) the amount of any Net Swap Payment payable from the Supplemental Interest Trust to the Swap Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Swap Administrator Provider and any Swap Termination Payment payable from the Supplemental Interest Trust to the Swap Provider; (v) the amount of the related distribution to Holders of the Class A, Class M and Class B Certificates (by class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, expenses paid from amounts on deposit in (Bx) the aggregate of all scheduled payments of principal included therein Certificate Account and (Cy) the Extra Principal Distribution Amount (if any)Account; (vi) the amount of such the distribution to Holders of the Class A, Class M and Class B Certificates allocable to interest and principal, separately identifying the portion thereof (if any), provided by the Swap Agreement and the aggregate amount of coverage remainingany Principal Prepayments and Liquidation Proceeds included therein; (vii) the amount of the distribution allocable to interest, any Unpaid Interest Amounts included in the distribution and any remaining Unpaid Interest Amounts after giving effect to the distribution, any Net WAC Cap Carry Forward Amount for the Distribution Date, and the amount of all Net WAC Cap Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for covered by withdrawals from the Class A, Class M and Class B Certificates (if any)Excess Reserve Account on the Distribution Date; (viii) if the distribution to the Holders of any Class of Certificates is less than the full amount that would be distributable to them if sufficient funds were available, the amount of the shortfall and the allocation of the shortfall between principal and interest, including any Net WAC Cap Carry Forward Amount not covered by amounts in the Excess Reserve Fund Account; (ix) the amount of any Total Monthly Excess Spread on the Distribution Date and the allocation thereof to the Certificateholders; (x) the Class Certificate Balance of the Class A Certificates before and after giving effect to the distribution of principal on the Distribution Date; (xi) the Pass-Through Rate for each the Class of Class A, Class M and Class B A Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the related Net WAC Cap RateDistribution Date; (ixxii) the amount on deposit in the Certificate Principal Balance of Account and the Class A, Class M and Class B Certificates Excess Reserve Fund Account (before and after giving effect (i) to all distributions allocable to principal on such the Distribution Account Deposit Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date, respectively); (xxiii) the number of Mortgage Loans and the Pool Stated Principal Balance as the first day of the related Remittance Period and the last day of the related Remittance Period; (xiv) as of the last day of the related Remittance Period: (A) the weighted average mortgage rate of the Mortgage Loans and (B) the weighted average remaining term to maturity of the Mortgage Loans; (xv) the number and Stated Principal Balance aggregate outstanding balance of all the Mortgage Loans for such Distribution Date, together with updated pool composition information including the following: weighted average mortgage rate and weighted average remaining term; (xi) the aggregate amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances as of the end of the related Due Period, and the general source of funds for reimbursements; (xii) the number and aggregate Stated Principal Balance of the Mortgage Loans preceding calendar month: (A) Delinquent, delinquent (exclusive of Mortgage Loans in foreclosure, ) (1) 30 days Delinquentto 59 days, (2) 60 to 89 days Delinquent and (3) 90 days or more Delinquent, days and (B) in foreclosure and Delinquent delinquent (1) 30 days Delinquentto 59 days, (2) 60 to 89 days Delinquent and (3) 90 days or more Delinquentdays, in each case as of the close of business on the last day of the calendar month preceding the Distribution Date; (xvi) for each of the preceding 12 calendar months, or all calendar months since the Cut-off Date, whichever is less, the aggregate dollar amount of the Scheduled Payments (A) due on all Outstanding Mortgage Loans on the Due Date in such Distribution Date month and (CB) in bankruptcy and Delinquent delinquent sixty (160) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquenton the Due Date in such month; (xvii) with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, in each case the loan number and Stated Principal Balance of the Mortgage Loan as of the close of business on the last day Determination Date preceding the Distribution Date and the date of the calendar month preceding such Distribution Dateacquisition thereof; (xiii) the amount of, if any, of excess cashflow or excess spread and the application of such excess cashflow; (xiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the aggregate Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of the end of the prior calendar month; (xv) whether a Trigger Event exists; (xvi) information on loss, delinquency or other tests used for determining early amortization, liquidation, stepdowns or other performance triggers as more completely described in the prospectus supplement and whether the trigger was met; (xviixviii) the total number and principal balance of any real estate owned or REO Properties (and market value, if available) as of the end close of business on the related Due Period; (xviii) Determination Date preceding the cumulative Realized Losses through the end of the preceding monthDistribution Date; (xix) the aggregate amount of Principal Prepayments received during the distribution made on related Prepayment Period and the number of Mortgage Loans subject to such Distribution Date to the Holders of the Class C Certificates allocable to Prepayment ChargesPrincipal Prepayments; (xx) the three month rolling average aggregate amount of Advances and Servicing Advances reimbursed during the percent equivalent of a fractionrelated Remittance Period, the numerator general source of which is funds for such reimbursements and the aggregate Stated Principal Balance amount of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, Advances and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans, in each case Servicing Advances outstanding as of the end close of business on the Prepayment PeriodDistribution Date; (xxi) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments the amount of any Charge-off Amounts during the preceding prior calendar month or that have become material over timeand since the Cut-off Date; (xxii) the aggregate number and outstanding principal balance of Mortgage Loans repurchased during the related Remittance Period due to material breaches of representations and warranties regarding such Mortgage Loan representations or warranties or transaction covenantsLoans; (xxiii) the amount of the Prepayment Charges remitted by the master servicer and the amount on deposit in the Reserve FundOvercollateralization Amount for such Distribution Date; (xxiv) Prepayment Charges collected, waived, and paid by the amount of any Net Swap Payment payable to the Trust, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Trust and any Swap Termination Payment payable to the Swap ProviderServicer; (xxv) information regarding with respect to the second Distribution Date, the number and aggregate balance of any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Delayed Delivery Mortgage Loans from not delivered within the Trust Fund, if applicabletime periods specified in the definition of Delayed Delivery Mortgage Loans; (xxvi) reserved; (xxvii) the amount of any material changes in Premium and Reimbursement Amounts paid to the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust FundCertificate Insurer on such Distribution Date and cumulatively; and (xxviixxviii) each the receipt by the Servicer of any Subsequent Recoveries. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan that has been released would be delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the Class X Certificateholder pursuant to Section 5.01. The Depositor covenants that if there is a material change in close of business on the solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund that it will notify the Trustee five calendar days before each Distribution Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if no such notification occursMonthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer. If the statement is not accessible to any of the Certificateholders, the Certificate Insurer, the Swap Provider, the Servicer, the Depositor or any Rating Agency on the Trustee’s Internet website, the Trustee has no obligation shall forward a hard copy of it to report with respect each Certificateholder, the Servicer, the Depositor, the Certificate Insurer and each Rating Agency immediately after the Trustee becomes aware that it is not accessible to (xxvi)any of them via its website. The Depositor covenants to the Trustee that there will be no new issuance address of securities backed by the same asset pool, so the Trustee will only be responsible in (xxv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee may make the foregoing Monthly Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders via the Trustee’s internet website. The Trustee’s internet Internet website shall initially where the statement will be located at “accessible is h▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. Assistance in using the Trustee’s Internet website can may be obtained by calling the Trustee Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee may shall notify each Certificateholder, the Servicer, the Depositor, the Certificate Insurer and each Rating Agency in writing of any change in the way Monthly Statements are distributed in order to make such distributions more convenient address or more accessible means of access to the above partiesInternet website where the statement is accessible. (b) The Trustee’s responsibility for making preparing and disbursing the above information available to the Certificateholders is limited to the availability, timeliness timeliness, and accuracy of the information received derived from the parties providing such information to the TrusteeServicer. The Trustee will make available a copy of is not responsible for any inaccuracies in or caused by the data provided by the Servicer. By each statement provided Determination Date, the Servicer shall provide to the Trustee in electronic form the information needed to determine the distributions to be made pursuant to this Section 5.06 4.02 and 3.09(b)(ii) and any other information that the Servicer and the Trustee mutually agree, including, without limitation, the amount on deposit in the Certificate Account (before and after giving effect to each Rating Agencyremittances to the Trustee on the Distribution Account Deposit Date) and the aggregate amount of expenses paid from amounts on deposit in the Certificate Account. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall cause to be furnished upon request to each Person who at any time during the calendar year was a Certificateholder, a statement containing the information set forth in clauses (a)(va)(i) and (a)(via)(ii) (with respect to principal and interest distributed) of this Section 5.06 4.03 aggregated for such the calendar year or the applicable portion thereof during which such the Person was a Certificateholder. Such This obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in effect. (d) Upon filing with the Internal Revenue Service, the Trustee shall furnish to the Holders of the Residual Certificates the applicable Form 1066 and each applicable Form 1066Q and shall respond promptly to written requests made not more frequently than quarterly by any Holder of a Residual Certificate with respect to the following matters: (i) The original projected principal and interest cash flows on the Closing Date on each Class of Regular Interests and Residual Interests created hereunder and on the Mortgage Loans, based on the Prepayment Assumption; (ii) The projected remaining principal and interest cash flows as of the end of any calendar quarter with respect to each class of Regular Interests and Residual Interests created hereunder and the Mortgage Loans, based on the Prepayment Assumption; (iii) The applicable Prepayment Assumption and any interest rate assumptions used in determining the projected principal and interest cash flows described above; (iv) The original issue discount (or, in the case of the Mortgage Loans, market discount) or premium accrued or amortized through the end of such calendar quarter with respect to each class of Regular Interests or Residual Interests created hereunder and to the Mortgage Loans, together with each constant yield to maturity used in computing the same; (v) The treatment of Realized Losses with respect to the Mortgage Loans or the Regular Interests created hereunder, including the timing and amount of any cancellation of indebtedness income of a REMIC with respect to such Regular Interests or bad debt deductions claimed with respect to the Mortgage Loans; (vi) The amount and timing of any non-interest expenses of a REMIC; and (vii) Any taxes (including penalties and interest) imposed on the REMIC, including, without limitation, taxes on “prohibited transactions,” “contributions” or “net income from foreclosure property” or state or local income or franchise taxes. The information pursuant to clauses (i), (ii), (iii) and (iv) above shall be provided by the Depositor pursuant to Section 9.12.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Home Equity Mortgage Loan Asset-Backed Trust, Series INDS 2007-2)