Permitted Withdrawals from the Collection Account Clause Samples
The 'Permitted Withdrawals From the Collection Account' clause defines the specific circumstances and purposes for which funds can be withdrawn from a designated collection account. Typically, this clause outlines authorized uses such as making payments to lenders, covering administrative expenses, or transferring funds to other agreed accounts. By clearly specifying allowable withdrawals, the clause ensures that the account is managed transparently and that funds are used only for intended purposes, thereby protecting the interests of all parties and reducing the risk of unauthorized or improper disbursements.
Permitted Withdrawals from the Collection Account. The Servicer may, from time to time, withdraw funds from the Collection Account for the following purposes:
(i) to reimburse itself for Advances made pursuant to Section 6.03 (including amounts to reimburse the related Sub-Servicer for advances made pursuant to the applicable Sub-Servicing Agreement), the Servicer's and the Sub-Servicer's right to receive reimbursement pursuant to this subclause (i) being limited to amounts received on particular Mortgage Loans which represent Late Collections (net of the Servicing Fees) with respect to those particular Mortgage Loans;
(ii) to pay itself the Servicing Fee;
(iii) to reimburse itself for unreimbursed Servicing Advances, or to pay the related Sub-Servicer any unreimbursed Servicing Advances, the Servicer's right to receive reimbursement or make payments to the Sub-Servicer pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Insurance Proceeds, and condemnation awards;
(iv) to reimburse itself (or the related Sub-Servicer) or the Depositor for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 5.01 or 5.16;
(v) to reimburse itself (or the related Sub-Servicer) for any Nonrecoverable Advances;
(vi) to pay to itself (or the related Sub-Servicer) income earned on the investment of funds deposited in the Collection Account;
(vii) to make deposits into the Certificate Account in the amounts and in the manner provided for herein;
(viii) to make payments to itself or others pursuant to any provision of this Agreement, and to clear and terminate the Collection Account upon the termination of this Agreement; and
(ix) to withdraw amounts deposited in error.
Permitted Withdrawals from the Collection Account the Distribution Account, the Interest Reserve Account and the Excess Liquidation Proceeds Account.
Permitted Withdrawals from the Collection Account. The Servicer shall withdraw or cause to be withdrawn funds from the Collection Account for the following purposes:
(i) to effect the remittance to the Trustee on the Business Day immediately preceding each Remittance Date of the Available Remittance Amount, plus any amount which would exceed the 12 month time limit in the second paragraph following this paragraph;
(ii) to pay itself any accrued and unpaid Servicing Fees;
(iii) to withdraw any amount received from an Obligor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction;
(iv) to withdraw funds attributable to accrued interest on the Initial Mortgage Loans up to the Closing Date and accrued interest on the Subsequent Mortgage Loans up to the applicable Subsequent Transfer Date, but deposited in the Collection Account on and after the Closing Date and such Subsequent Transfer Date, respectively, and to withdraw any funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error or that constituted FHA Insurance Proceeds the FHA seeks to reclaim on the grounds that a Title I Mortgage Loan which was the subject of an FHA Claim is found not to conform to FHA Regulations;
(v) to pay itself Servicing Compensation pursuant to SECTION 7.03 hereof to the extent not paid pursuant to SECTION 5.04(ii);
(vi) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to the third paragraph of SECTION 5.07; and
(vii) to clear and terminate the Collection Account upon the termination of this Agreement with any amounts on deposit therein being paid to the Certificate Account. Notwithstanding the preceding clause (iv), with respect to any Remittance Date following the Closing Date, the Servicer shall only withdraw the funds attributable to such accrued interest on the Initial Mortgage Loans or the Subsequent Mortgage Loans up to the Closing Date or the applicable Subsequent Transfer Date to the extent that the Servicer determines and certifies to the Trustee that a sufficient amount of funds will be deposited into the Certificate Account to equal the sum of the interest and principal amounts distributable to all Classes of Certificates, exclusive of the Class R Certificates, plus the fees distributable to the Trustee, t...
Permitted Withdrawals from the Collection Account. The Servicer may make withdrawals from the Collection Account only as described below (the order set forth below not constituting an order of priority for such withdrawals):
(i) to remit to the Trustee for deposit the amounts required to be deposited in the Distribution Account, the Interest Reserve Account, the Default Interest Distribution Account and the Excess Interest Distribution Account, pursuant to Sections 3.05 (c), 3.05(d), 3.05(e), 3.05(f) and 4.06;
(ii) to pay or reimburse the Trustee, the Fiscal Agent, the Servicer and the Special Servicer for Advances (provided, that the Trustee and the Fiscal Agent shall have priority with respect to such payment or reimbursement), the Servicer's right to reimburse any such Person pursuant to this clause (ii) being limited to (x) any collections on or in respect of the particular Mortgage Loan or REO Property with respect to which such Advance was made, or (y) any other amounts in the Collection Account in the event that such Advances or any Advance Interest Amount have been deemed to be Nonrecoverable Advances or are not reimbursed from recoveries in respect of the related Mortgage Loan or REO Property after a Final Recovery Determination;
(iii) (A) to pay to the Servicer, the Trustee or the Fiscal Agent the Advance Interest Amount relating to P&I Advances and (B) to pay to the Servicer, Special Servicer, Trustee or Fiscal Agent any Advance Interest Amounts not relating to any P&I Advances, in each case, first, out of any collected Default Interest (provided that in the case of both (A) and (B), the Trustee and the Fiscal Agent shall have priority with respect to such payments);
(iv) to pay on or before each Servicer Remittance Date to the Servicer and the Special Servicer, as applicable, as compensation, the aggregate unpaid Servicing Compensation and Special Servicing Compensation (if any, including any Workout Fee due to a previous Special Servicer pursuant to Section 3.12(c)), respectively, in respect of the immediately preceding month, to be paid, in the case of the Servicing Fee, from interest received on the related Mortgage Loan, and to pay from time to time to the Servicer or the Special Servicer in accordance with Section 3.07(b) any interest or investment income earned on funds deposited in the Collection Account) (the Servicer may rely on a certification of the Special Servicer as to amounts of Special Servicing Compensation to be withdrawn pursuant to this clause (iv));
(v) to remit to the Dist...
Permitted Withdrawals from the Collection Account. The Master Servicer shall maintain adequate records with respect to all withdrawals made pursuant to this Section 5.04. The Master Servicer may from time to time, and with respect to clause (i) below shall, withdraw funds from the Collection Account or the Investment Account for the following purposes:
(i) to pay to the Master Servicer (to the extent not previously retained) the servicing compensation to which it is entitled pursuant to Section 5.08;
(ii) to reimburse the Master Servicer for unreimbursed Servicing Advances made by it in connection with the Qualified Loans, only from amounts received with respect to the Qualified Loans in respect of which any such Servicing Advance was made;
(iii) to withdraw any amount deposited in the Collection Account or the Investment Account and not required to be deposited therein;
(iv) to reimburse the Master Servicer for costs and expenses incurred by it and reimbursable pursuant hereto; and
(v) to remit all remaining amounts to the Purchaser on each Distribution Date.
Permitted Withdrawals from the Collection Account. If at any time funds on deposit in the Holding Account are insufficient to satisfy the Servicer withdrawal requests referred to in Section 2.07(c) hereof, and so long as no Event of Default or Trigger Event shall have occurred and be continuing, the Servicer may request withdrawal of such deficiency from the Collection Account, and upon receipt of such written request, the Trustee shall withdraw the amount of such deficiency from the Collection Account and make the requested payments to the Servicer, provided that such payments shall not be made within six Business Days of a Payment Date.
Permitted Withdrawals from the Collection Account. The Central Servicer may, from time to time as provided herein, make withdrawals from the Collection Account for the following purposes:
(i) to reimburse itself for previously unreimbursed Advances, the Central Servicer's right to withdraw amounts pursuant to this clause (i) being limited to amounts received on particular Qualified Loans which represent late recoveries of Installment Payments respecting which any such Advance was made;
(ii) to reimburse itself for any Nonrecoverable Advance, and to pay to itself or to any other person or entity designated in the related Servicing Contract any income from Eligible Investments in the Collection Account;
(iii) to pay to Farmer Mac on ▇▇ ▇efore each Certificate Account Deposit Date for deposit in the Certificate Account all amounts at the time held in the Collection Account other than amounts held therein which consist of Amounts held for Future Distribution;
(iv) to pay to Farmer Mac on ▇ ▇▇▇▇y basis any amounts held in the Collection Account which are allocable to a Certificate Distribution Amount and which were delinquent as of the Certificate Account Deposit Date next preceding the related Distribution Date and were not represented by any related Advance; and
(v) to withdraw such other amounts for such other purposes as shall be specified in the related Issue Supplement, Servicing Contract or Loan Sale Agreement.
Permitted Withdrawals from the Collection Account. The Servicer may, from time to time, withdraw funds from the Collection Account for the following purposes:
(i) to remit to the Trustee for deposit in the Distribution Account the amounts required to be so remitted pursuant to Section 2.4(e);
(ii) to pay itself any unpaid Servicing Fees, unpaid REO Management Fees and other servicing compensation in accordance with Section 4.3;
(iii) to reimburse itself for any unreimbursed Servicing Advance or Monthly Advances made with respect to any Mortgage Loan; provided that the Servicer's right to reimburse itself pursuant to this clause (ii) is limited to any amounts collected or received by the Servicer with respect to such Mortgage Loan;
(iv) to pay to itself any interest earned on funds deposited in the Collection Account;
(v) to make any payment or reimburse itself for any amount pursuant to Sections 2.12(c), 2.12(e), 5.1(b) or 5.3;
(vi) to reimburse itself for any Servicing Advance or Monthly Advance previously made that it has determined to be a Nonrecoverable Advance;
(vii) if there shall be amounts deposited in error or there shall be amounts deposited in the Collection Account not required to be deposited therein, including the Servicing Fee and other servicing compensation, to withdraw such amount from the Collection Account any provision herein to the contrary notwithstanding;
(viii) to transfer funds to another Qualified Depository in accordance with Section 2.9; and
(ix) to clear and terminate the Collection Account upon the termination of this Agreement in accordance with Article 7.
Permitted Withdrawals from the Collection Account. The Servicer may, from time to time, make withdrawals from the Collection Account for the following purposes:
i. to make payments to the Owner in the amounts and in the manner provided for in Section 6.02;
ii. to pay itself for unreimbursed Servicing Advances, fees, and expenses prior to making payments to the Owner in the amounts and in the manner provided for in Section 6.02;
iii. to pay to itself for unreimbursed Servicing Fees and any interest earned on funds in the Collection Account;
iv. to pay itself, after liquidation of a Mortgage Loan, any accrued and unpaid Servicing Fees and Servicing Advances with respect to such liquidated Mortgage Loan;
v. to reimburse the Advance Reserve Account for the payment of Servicing Fees upon a payment received for Performing Loans or upon the passing of the scheduled Mortgage Loan Due Date for non-performing loans.
vi. to pay itself Ancillary Income;
vii. to reimburse itself for any Non-recoverable Advance;
viii. to remove funds inadvertently placed in the Collection Account in error by the Servicer or for which amounts previously deposited are returned unpaid due to a "not sufficient funds" or other denial by the obligor's banking institution; and
ix. to clear and terminate the Collection Account upon the termination of this Agreement.
Permitted Withdrawals from the Collection Account. The Master Servicer may from time to time withdraw funds from the Collection Account for the following purposes:
(i) to pay to the Trustee the annual Trustee Fee, on the Distribution Date in April of each year and to pay to the Program Administrator the Program Administration Fee on each Distribution Date;
(ii) to the extent not previously retained, to reimburse itself for reasonable expenses and any indemnities to which it is owed pursuant to Section 3A.07 hereof, and earnings on or investment income with respect to funds in or credited to the Collection Account as master servicing compensation;
(iii) to the extent not previously retained by the Master Servicer, to reimburse the Master Servicer (A) for unreimbursed Advances made by it, such right of reimbursement pursuant to this subclause (ii) being limited to amounts received on any Mortgage Loan in respect of which any such Advance was made and (B) for any Nonrecoverable Advance;
(iv) to the extent not previously retained by the Servicer, to pay to the Servicer the servicing compensation to which it is entitled pursuant to Section 5.01;
(v) reserved;
(vi) to withdraw and return to the Servicer or itself, as applicable, any amount deposited in the Collection Account and not required to be deposited therein, including any amounts owed to the Servicer as part of the Servicing Fee, in accordance with the terms hereunder;
(vii) on or prior to each Deposit Date, to withdraw an amount equal to the amount then on deposit in the Collection Account with respect to the related Distribution Date (minus any withdrawals permitted to be made by the Master Servicer pursuant to this Section 3A.13) and remit such amount to the Securities Administrator for deposit in the Distribution Account; and
(viii) to clear and terminate the Collection Account upon termination of the Agreement.