Common use of Permitted Withdrawals from the Collection Account Clause in Contracts

Permitted Withdrawals from the Collection Account. The Master Servicer may make withdrawals from the Collection Account (and the Grantor Trust Collection Account, with respect to Contingent Interest) 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 in the Distribution Account and the Grantor Trust Distribution Account, the amounts required to be deposited in the Distribution Account and the Grantor Trust Distribution Account pursuant to Sections 4.5 and 3.5(d), respectively; (ii) to pay or reimburse the Master Servicer, the Trustee or the Fiscal Agent for Advances; provided, however, the right of the Master Servicer, the Trustee or the Fiscal Agent to reimburse itself pursuant to this clause (ii) being limited to either (x) any collections on or in respect of the particular Mortgage Loan or REO Property respecting which each such Advance was made, or (y) any other amounts in the Collection Account in the event that such Advances have been deemed to be Nonrecoverable Advances or are not recovered from recoveries in respect of the related Mortgage Loan or REO Property after a Final Recovery Determination; (iii) to pay to the Master Servicer, the Trustee or the Fiscal Agent the Advance Interest Amount first out of Default Interest and late payment charges actually collected in respect of the related Mortgage Loan and, to the extent such amounts are insufficient, in connection with or at any time following the reimbursement of such Advance from any other amounts in the Collection Account; (iv) to pay on or before each Remittance Date to the Master Servicer, Special Servicer and Trustee, as applicable, as compensation, the unpaid Master Servicing Fee, Special Servicing Fee, and Trustee Fee, respectively (in the case of the Master Servicer, reduced up to the amount of any Prepayment Interest Shortfalls with respect to such Distribution Date, in accordance with Section 3.25), to be paid, in the case of the Master Servicing Fee, from interest received or advanced on the related Mortgage Loans, and to pay to the Master Servicer or the Special Servicer, as applicable, any other amounts constituting Servicing Compensation; (v) to pay on or before each Distribution Date to the Depositor, the applicable Seller or the purchaser of any Specially Serviced Mortgage Loan or REO Property, as the case may be, with respect to each Mortgage Loan, Deleted Mortgage Loan or REO Property that has previously been repurchased, replaced or purchased by it pursuant to Section 2.3, Section 3.18 or Section 9.1, all amounts received thereon during the related Collection Period and subsequent to the effective date of such purchase or repurchase. (vi) to the extent not reimbursed or paid pursuant to any other clause of this Section 3.6, to reimburse or pay the Master Servicer, the Special Servicer, the Trustee, the Depositor and/or the Fiscal Agent for unpaid items incurred by or on behalf of such Person pursuant to Section 3.7(c), Section 3.10, Section 3.17(a), (b) and (c), Section 3.18(a), 6.3, 7.4, 8.5(d), 9.1 or Section 11.7, or any other provision of this Agreement pursuant to which such Person is entitled to reimbursement or payment from the Trust Fund, in each case only to the extent reimbursable under such Section, it being acknowledged that this clause (vi) shall not be deemed to modify the substance of any such Section, including the provisions of such Section that set forth the extent to which one of the foregoing Persons is or is not entitled to payment or reimbursement; (vii) to deposit in one or more separate, non-interest bearing accounts any amount reasonably determined by the Trustee to be necessary to pay any applicable federal, state or local taxes imposed on REMIC I, REMIC II and REMIC III under the circumstances and to the extent described in Section 10.3; (viii) to withdraw any amount deposited into the Collection Account and the Grantor Trust Collection Account that was not required to be deposited therein; and (ix) to clear and terminate the Collection Account pursuant to Section 9. 1. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan-by-Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subclauses (ii) - (viii) above. The Master Servicer shall pay to the Trustee, the Fiscal Agent or the Special Servicer from the Collection Account (to the extent permitted by clauses (i)-(viii) above) amounts permitted to be paid to the Trustee, the Fiscal Agent or the Special Servicer therefrom, promptly upon receipt of a certificate of a Responsible Officer of the Trustee, an officer of the Fiscal Agent or a Servicing Officer of the Special Servicer, as applicable, describing the item and amount to which the Trustee, the Fiscal Agent or the Special Servicer is entitled. The Master Servicer may rely conclusively on any such certificate and shall have no duty to recalculate the amounts stated therein. The Trustee, the Fiscal Agent, the Special Servicer and the Master Servicer shall in all cases have a right prior to the Certificateholders to any funds on deposit in the Collection Account from time to time for the reimbursement or payment of Servicing Compensation,

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certificates Series 1998 C1)

Permitted Withdrawals from the Collection Account. The Master Servicer may make withdrawals from the Collection Account (and the Grantor Trust Collection Account, with respect to Contingent Interest) only as described below (the order set forth below not constituting an order of priority for such withdrawals): (i) to remit to the Trustee, Trustee for deposit in the Lower-Tier Distribution Account, the Class T Distribution Account, the Interest Reserve Account and the Grantor Trust Excess Interest Distribution Account, the amounts required to be deposited in the Lower-Tier Distribution Account, the Class T Distribution Account, the Interest Reserve Account and the Grantor Trust Excess Interest Distribution Account pursuant to Sections 4.5 4.01(a)(i), 3.05(c), 3.25 and 3.5(d3.05(d), respectively; (ii) to pay or reimburse the Master Servicer, the Trustee or the Fiscal Agent for Advances; provided, however, the right of the Master Special Servicer, the Trustee or the Fiscal Agent for Advances and any related Advance Interest Amounts (provided that the Trustee and the Fiscal Agent shall have priority with respect to such payment or reimbursement), the Master Servicer's right to reimburse itself any such Person pursuant to this clause (ii) being limited to either (x) any collections on or in respect of the particular Mortgage Loan or REO Property respecting which each such Advance was made, or (y) any other amounts in the Collection Account in the event that such Advances have been deemed to be Nonrecoverable Advances or are not recovered from such recoveries in respect of the related Mortgage Loan or REO Property after a Final Recovery Determination; (iii) to pay on or before each Master Servicer Remittance Date to the Master Servicer and the Special Servicer, as applicable, as compensation, the Trustee or the Fiscal Agent the Advance Interest Amount first out of Default Interest aggregate unpaid Servicing Fee and late payment charges actually collected Special Servicing Compensation (if any), respectively, in respect of the immediately preceding Interest Accrual Period, to be paid, in the case of the Servicing Fee, from interest received on the related Mortgage Loan andLoan, and to pay from time to time to the extent such amounts are insufficient, Master Servicer in connection accordance with Section 3.07(b) any interest or at any time following the reimbursement of such Advance from any other amounts investment income earned on funds deposited in the Collection Account; (iv) to pay on or before each Remittance Date to the Master Servicer, Special Servicer and Trustee, as applicable, as compensation, the unpaid Master Servicing Fee, Special Servicing Fee, and Trustee Fee, respectively (in the case of the Master Servicer, reduced up to the amount of any Prepayment Interest Shortfalls with respect to such Distribution Date, in accordance with Section 3.25), to be paid, in the case of the Master Servicing Fee, from interest received or advanced on the related Mortgage Loans, and to pay to the Master Servicer or the Special Servicer, as applicable, any other amounts constituting Servicing Compensation; (v) to pay on or before each Distribution Date to the Depositor, the applicable Mortgage Loan Seller or the purchaser of any Specially Serviced Mortgage Loan or REO Property, other applicable Person as the case may be, with respect to each Mortgage Loan, Deleted Mortgage Loan or REO Property that has previously been repurchased, replaced purchased or purchased repurchased by it pursuant to Section 2.32.03(d), Section 3.18 or Section 9.19.01, all amounts received thereon during the related Collection Period and subsequent to the effective date as of which the amount required to effect such purchase or repurchase.repurchase was determined; (viv) to the extent not reimbursed or paid pursuant to any other clause of this Section 3.63.06, to reimburse or pay the Master Servicer, the Trustee, the Special Servicer, the Trustee, the Depositor and/or or the Fiscal Agent Agent, as applicable, for unpaid Servicing Fees, Special Servicing Compensation and other unpaid items incurred by or on behalf of such Person pursuant to the second sentence of Section 3.7(c3.07(c), Section 3.08(a) and (b), Section 3.10, Section 3.12(d), Section 3.17(a), (b) and (cSection 3.18(b), Section 3.18(a)6.03, 6.3Section 7.04, 7.4, 8.5(d), 9.1 Section 8.05(d) or Section 11.710.07, or any other provision of this Agreement pursuant to which such Person is entitled to reimbursement or payment from the Trust Fund, in each case only to the extent expressly reimbursable under such Section, it being acknowledged that this clause (viv) shall not be deemed to modify the substance of any such Section, including the provisions of such Section that set forth the extent to which one of the foregoing Persons is or is not entitled to payment or reimbursement; (viivi) to transfer to the Trustee for deposit in one or more separate, non-interest bearing accounts any amount reasonably determined by the Trustee to be necessary to pay any applicable federal, state or local taxes imposed on the Upper-Tier REMIC I, or the Lower-Tier REMIC II and REMIC III under the circumstances and to the extent described in Section 10.34.05; (viiivii) to withdraw any amount deposited into the Collection Account and the Grantor Trust Collection Account that was not required to be deposited therein; and (ixviii) to clear and terminate the Collection Account pursuant to Section 9. 19.01. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan-by-Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subclauses (ii) - (viiiii)-(v) above. The Master Servicer shall pay to the Trustee, the Fiscal Agent or the Special Servicer from the Collection Account (to the extent permitted by clauses (i)-(viii) above) amounts permitted to be paid to the Trustee, the Fiscal Agent or the Special Servicer therefromtherefrom as set forth above, promptly upon receipt of a certificate of a Responsible Officer of the Trustee, an officer of Trustee or the Fiscal Agent or a certificate of a Servicing Officer of the Special ServicerOfficer, as applicable, describing the item and amount to which the Trustee, the Fiscal Agent or the Special Servicer such Person is entitled. The Master Servicer may conclusively rely conclusively on any such certificate and shall have no duty to recalculate the amounts stated therein. The Trustee, the Fiscal Agent, the Special Servicer and the Master Servicer shall in all cases have a right prior to the Certificateholders to any funds on deposit in the Collection Account from time to time for the reimbursement or payment of the Servicing Fees (including investment income), or Trustee Fees, Special Servicing Compensation,, Advances, Advance Interest Amounts and their respective expenses hereunder to the extent such fees and expenses are to be reimbursed or paid from amounts on deposit in the Collection Account pursuant to this Agreement (and to have such amounts paid directly to third party contractors for any invoices approved by the Trustee, the Master Servicer or the Special Servicer, as applicable). The Trustee shall, upon receipt, deposit in the Lower-Tier Distribution Account, the Class T Distribution Account, the Interest Reserve Account and the Excess Interest Distribution Account any and all amounts received by the Trustee in accordance with Section 3.06(i). If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date or on such other date as any amount referred to in the foregoing clause (i) is required to be delivered hereunder, the Master Servicer shall not have delivered to the Trustee for deposit in the Lower-Tier Distribution Account, the Class T Distribution Account, the Interest Reserve Account and the Excess Interest Distribution Account the amounts required to be deposited therein pursuant to Section 3.06(i), then the Trustee shall, to the extent that a Responsible Officer of the Trustee has such knowledge, provide notice of such failure to the Master Servicer by facsimile transmission sent to telecopy no. (▇▇▇) ▇▇▇-▇▇▇▇ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (▇▇▇) ▇▇▇-▇▇▇▇ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 5:00 p.m., New York City time, on such day.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Structured Asset Securities Corp Series 1997 Ll I)

Permitted Withdrawals from the Collection Account. The Master Servicer may make withdrawals from the Collection Account (and the Grantor Trust Collection Account, with respect to Contingent Interest) 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 in the Distribution Account and the Grantor Trust Distribution Account, the amounts required to be deposited in the Distribution Account and the Grantor Trust Distribution Account pursuant to Sections 4.5 and 3.5(d), respectivelySection 4.5; (ii) to pay or reimburse the Master ServicerFiscal Agent, the Trustee or the Fiscal Agent Master Servicer, in that order of priority for Advances; provided, however, the right of the Master Servicer, the Trustee or the Fiscal Agent to reimburse itself pursuant to this clause (ii) being limited to either (x) any collections on or in respect of the particular Mortgage Loan or REO Property respecting which each such Advance was made, or (y) any other amounts in the Collection Account in the event that such Advances have been deemed to be Nonrecoverable Advances or are not recovered from recoveries in respect of the related Mortgage Loan or REO Property after a Final Recovery Determination; (iii) to pay to the Master ServicerFiscal Agent, the Trustee or the Fiscal Agent Master Servicer, in that order of priority, the Advance Interest Amount first out of Default Interest and late payment charges actually collected in respect of the related Mortgage Loan and, to the extent such amounts are insufficient, in connection with or at any time following the reimbursement of such Advance from any other amounts in the Collection Account; (iv) to pay on or before each Remittance Date to the Master Servicer, Special Servicer and Trustee, as applicable, as compensation, the unpaid Master Servicing Fee, Special Servicing Fee, and Trustee Fee, respectively (in the case of the Master Servicer, reduced up to the amount of any Prepayment Interest Shortfalls with respect to such Distribution Date, in accordance with Section 3.25), to be paid, in the case of the Master Servicing Fee, from interest received or advanced on the related Mortgage Loans, and to pay to the Master Servicer or the Special Servicer, as applicable, any other amounts constituting Servicing Compensation; (v) to pay on or before each Distribution Date to the Depositor, the applicable Seller or the purchaser of any Specially Serviced Mortgage Loan or REO Property, as the case may be, with respect to each Mortgage Loan, Deleted Mortgage Loan or REO Property that has previously been repurchased, replaced or purchased by it pursuant to Section 2.3, Section 3.18 or Section 9.1, all amounts received thereon during the related Collection Period and subsequent to the effective date of such purchase or repurchase. (vi) to the extent not reimbursed or paid pursuant to any other clause of this Section 3.6, to reimburse or pay the Master Servicer, the Special Servicer, the Trustee, the Depositor and/or the Fiscal Agent for unpaid items incurred by or on behalf of such Person pursuant to Section 3.7(c), Section 3.10, Section 3.17(a), (b) and (c), Section 3.18(a), 6.3, 7.4, 8.5(d), 9.1 or Section 11.7, or any other provision of this Agreement pursuant to which such Person is entitled to reimbursement or payment from the Trust Fund, in each case only to the extent reimbursable under such Section, it being acknowledged that this clause (vi) shall not be deemed to modify the substance of any such Section, including the provisions of such Section that set forth the extent to which one of the foregoing Persons is or is not entitled to payment or reimbursement; (vii) to deposit in one or more separate, non-interest bearing accounts any amount reasonably determined by the Trustee to be necessary to pay any applicable federal, state or local taxes imposed on REMIC I, REMIC II and REMIC III under the circumstances and to the extent described in Section 10.3; (viii) to withdraw any amount deposited into the Collection Account and the Grantor Trust Collection Account that was not required to be deposited therein; and (ix) to clear and terminate the Collection Account pursuant to Section 9. 1. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan-by-Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subclauses (ii) - (viii) above. The Master Servicer shall pay to the Trustee, the Fiscal Agent or the Special Servicer from the Collection Account (to the extent permitted by clauses (i)-(viii) above) amounts permitted to be paid to the Trustee, the Fiscal Agent or the Special Servicer therefrom, promptly upon receipt of a certificate of a Responsible Officer of the Trustee, an officer of the Fiscal Agent or a Servicing Officer of the Special Servicer, as applicable, describing the item and amount to which the Trustee, the Fiscal Agent or the Special Servicer is entitled. The Master Servicer may rely conclusively on any such certificate and shall have no duty to recalculate the amounts stated therein. The Trustee, the Fiscal Agent, the Special Servicer and the Master Servicer shall in all cases have a right prior to the Certificateholders to any funds on deposit in the Collection Account from time to time for the reimbursement or payment of unpaid or unreimbursed Trustee Fees, Servicing Compensation,, Advances (subject to the limitation set forth in Section 3.6(ii)) and their respective expenses (including Advance Interest Amounts) hereunder to the extent such expenses, fees, compensation and Advances are to be reimbursed or paid from amounts on deposit in the Collection Account pursuant to this Agreement. The Trustee shall, upon receipt, deposit in the Distribution Account any and all amounts received by the Trustee in accordance with Section 3.6(i). If, as of 3:00 p.m., New York City time, on any Remittance Date or on such other date as any amount referred to in Section 3.6(i) is required to be delivered hereunder, the Master Servicer shall not have delivered to the Trustee for deposit in the Distribution Account the amounts required to be deposited therein pursuant to Section 3.6(i), then the Trustee shall, to the extent that a Responsible Officer of the Trustee has such knowledge, provide notice of such failure to the Master Servicer by facsimile transmission sent to telecopy no. (▇▇▇) ▇▇▇-▇▇▇▇ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (816) 435- 5000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 5:00 p.m., New York City time, on such day.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Commercial Mortgage Acceptance Corp)

Permitted Withdrawals from the Collection Account. The Master Servicer may make withdrawals from time to time withdraw funds from the Collection Account (and for the Grantor Trust Collection Account, with respect to Contingent Interest) only as described below (the order set forth below not constituting an order of priority for such withdrawals):following purposes: (i) to remit pay to the TrusteeTrustee the annual Trustee Fee, for deposit in on the Distribution Account Date in April of each year and to pay to the Grantor Trust Program Administrator the Program Administration Fee on each Distribution Account, the amounts required to be deposited in the Distribution Account and the Grantor Trust Distribution Account pursuant to Sections 4.5 and 3.5(d), respectivelyDate; (ii) to pay 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 reimburse 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 Trustee or the Fiscal Agent Master Servicer (A) for Advances; providedunreimbursed Advances made by it, however, the such right of the Master Servicer, the Trustee or the Fiscal Agent to reimburse itself reimbursement pursuant to this clause subclause (ii) being limited to either (x) amounts received on any collections on or Mortgage Loan in respect of the particular Mortgage Loan or REO Property respecting which each any such Advance was made, or made and (yB) for any other amounts in the Collection Account in the event that such Advances have been deemed to be Nonrecoverable Advances or are not recovered from recoveries in respect of the related Mortgage Loan or REO Property after a Final Recovery Determination; (iii) to pay to the Master Servicer, the Trustee or the Fiscal Agent the Advance Interest Amount first out of Default Interest and late payment charges actually collected in respect of the related Mortgage Loan and, to the extent such amounts are insufficient, in connection with or at any time following the reimbursement of such Advance from any other amounts in the Collection AccountAdvance; (iv) to pay on or before each Remittance Date to the Master extent not previously retained by the Servicer, Special Servicer and Trustee, as applicable, as compensation, the unpaid Master Servicing Fee, Special Servicing Fee, and Trustee Fee, respectively (in the case of the Master Servicer, reduced up to the amount of any Prepayment Interest Shortfalls with respect to such Distribution Date, in accordance with Section 3.25), to be paid, in the case of the Master Servicing Fee, from interest received or advanced on the related Mortgage Loans, and to pay to the Master 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 the Special Serviceritself, as applicable, any other amounts constituting Servicing Compensation; (v) to pay on or before each Distribution Date to the Depositor, the applicable Seller or the purchaser of any Specially Serviced Mortgage Loan or REO Property, as the case may be, with respect to each Mortgage Loan, Deleted Mortgage Loan or REO Property that has previously been repurchased, replaced or purchased by it pursuant to Section 2.3, Section 3.18 or Section 9.1, all amounts received thereon during the related Collection Period and subsequent to the effective date of such purchase or repurchase. (vi) to the extent not reimbursed or paid pursuant to any other clause of this Section 3.6, to reimburse or pay the Master Servicer, the Special Servicer, the Trustee, the Depositor and/or the Fiscal Agent for unpaid items incurred by or on behalf of such Person pursuant to Section 3.7(c), Section 3.10, Section 3.17(a), (b) and (c), Section 3.18(a), 6.3, 7.4, 8.5(d), 9.1 or Section 11.7, or any other provision of this Agreement pursuant to which such Person is entitled to reimbursement or payment from the Trust Fund, in each case only to the extent reimbursable under such Section, it being acknowledged that this clause (vi) shall not be deemed to modify the substance of any such Section, including the provisions of such Section that set forth the extent to which one of the foregoing Persons is or is not entitled to payment or reimbursement; (vii) to deposit in one or more separate, non-interest bearing accounts any amount reasonably determined by the Trustee to be necessary to pay any applicable federal, state or local taxes imposed on REMIC I, REMIC II and REMIC III under the circumstances and to the extent described in Section 10.3; (viii) to withdraw any amount deposited into in the Collection Account and the Grantor Trust Collection Account that was 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 (ixviii) to clear and terminate the Collection Account pursuant to Section 9. 1. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan-by-Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subclauses (ii) - (viii) above. The Master Servicer shall pay to the Trustee, the Fiscal Agent or the Special Servicer from the Collection Account (to the extent permitted by clauses (i)-(viii) above) amounts permitted to be paid to the Trustee, the Fiscal Agent or the Special Servicer therefrom, promptly upon receipt of a certificate of a Responsible Officer termination of the Trustee, an officer of the Fiscal Agent or a Servicing Officer of the Special Servicer, as applicable, describing the item and amount to which the Trustee, the Fiscal Agent or the Special Servicer is entitled. The Master Servicer may rely conclusively on any such certificate and shall have no duty to recalculate the amounts stated therein. The Trustee, the Fiscal Agent, the Special Servicer and the Master Servicer shall in all cases have a right prior to the Certificateholders to any funds on deposit in the Collection Account from time to time for the reimbursement or payment of Servicing Compensation,Agreement.

Appears in 1 contract

Sources: Servicing Agreement (BancCap Asset Securitization Issuance Corp, BASIC Asset Backed Securities Trust 2006-1, Mortgage Pass-Through Certificates, Series 2006-1)

Permitted Withdrawals from the Collection Account. and Grantor Trust Collection Account. -------------------------------- (a) The Master Servicer may make withdrawals from the Collection Account (and the Grantor Trust Collection Account, with respect to Contingent Deferred Interest) only as described below (the order set forth below not constituting an order of priority for such withdrawals): (i) to remit the applicable amounts to the Trustee, for deposit in the Distribution Account and the Grantor Trust Distribution Account, the amounts required to be deposited in the Distribution Account and the Grantor Trust Distribution Account and the Excess Liquidation Proceeds Account pursuant to Sections 4.5 Section 4.5, Section 3.5(d) and 3.5(dSection 3.5(f), respectively; (ii) to pay or reimburse the Fiscal Agent, the Trustee, the Master Servicer or the Special Servicer, the Trustee or the Fiscal Agent in that order of priority for Advances; provided, however, the right of the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agent to reimburse itself reimbursement pursuant to this clause (ii) being limited to either (x) any collections on or in respect of the particular Mortgage Loan or REO Property respecting which each such Advance was made, or (y) any other amounts in the Collection Account in the event that such Advances have been deemed to be Nonrecoverable Advances or are not recovered from recoveries in respect of the related Mortgage Loan or REO Property after a Final Recovery Determination; (iii) to pay to the Fiscal Agent, the Trustee, the Master Servicer or the Special Servicer, the Trustee or the Fiscal Agent the in that order of priority, any then outstanding Advance Interest Amount first out of Default Interest and late payment charges actually collected during such Collection Period in respect of the related Mortgage Loan and, to the extent such amounts are insufficient, in connection with or at any time following the reimbursement of such Advance from any other amounts in the Collection Account; (iv) to pay on or before each Remittance Date to the Master Servicer, Special Servicer and Trustee, as applicable, as compensation, the unpaid Master Servicing Servicer Fee, Special Servicing Servicer Fee, Standby Special Servicer Fee and Trustee Fee, respectively (in the case of the Master Servicer, reduced up to the amount of any Prepayment Prepayment/Balloon Payment Interest Shortfalls with respect to such Distribution Date, in accordance with Section 3.25), to be paid, in the case of the Master Servicing Servicer Fee, from interest received or advanced on the related Mortgage Loans, and to pay to the Master Servicer or the Special Servicer, as applicable, any other amounts constituting Servicing Compensation; (v) to pay on or before each Distribution Date to the Depositor, the applicable Seller or the purchaser of any Specially Serviced Mortgage Loan or REO Property, as the case may be, with respect to each Mortgage Loan, Deleted Mortgage Loan or REO Property that has previously been repurchased, replaced or purchased by it pursuant to Section 2.3, Section 3.18 or Section 9.1, all amounts received thereon during the related Collection Period and subsequent to the effective date of such purchase or repurchase. (vi) to the extent reimbursement or payment is not reimbursed or paid provided for pursuant to any other clause of this Section 3.63.6(a), to reimburse or pay the Master Servicer, the Special Servicer, the Trustee, the Depositor and/or the Fiscal Agent for unpaid items incurred by or on behalf of such Person pursuant to to, as applicable, Section 3.7(c), Section 3.106.3, Section 3.17(a), (b) and (c)7.4, Section 3.18(a), 6.3, 7.4, 8.5(d), 9.1 ) or Section 11.7, or any other provision of this Agreement pursuant to which such Person is entitled to reimbursement or payment from the Trust Fund, in each case only to the extent reimbursable under such Section, it being acknowledged that this clause (vi) shall not be deemed to modify the substance of any such Section, including the provisions of such Section that set forth the extent to which one of the foregoing Persons is or is not entitled to payment or reimbursement; (vii) to deposit in one or more separate, non-interest bearing accounts any amount reasonably determined by the Trustee to be necessary to pay any applicable federal, state or local taxes imposed on REMIC I, REMIC II and REMIC III or the Grantor Trust under the circumstances and to the extent described in Section 10.310.3 and Section 10.5, respectively; (viii) to withdraw any amount deposited into the Collection Account and the Grantor Trust Collection Account that was not required to be deposited therein; and (ix) to clear and terminate the Collection Account and the Grantor Trust Collection Account pursuant to Section 9. 1. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan-by-Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account or Grantor Trust Collection Account pursuant to subclauses (ii) - (viii) above. . (b) The Master Servicer shall pay to the Trustee, the Fiscal Agent or the Special Servicer from the Collection Account (to the extent permitted by clauses (i)-(viii) above) amounts permitted to be paid to the Trustee, the Fiscal Agent or the Special Servicer therefrom, promptly upon receipt of a certificate of a Responsible Officer of the Trustee, an officer of the Fiscal Agent or a Servicing Officer of the Special Servicer, as applicable, describing the item and amount to which the Trustee, the Fiscal Agent or the Special Servicer is entitled. The foregoing sentence does not apply to the payment of the Trustee Fee. The Master Servicer may rely conclusively on any such certificate and shall have no duty to recalculate the amounts stated therein. . (c) The Trustee shall, from time to time, make withdrawals from the Distribution Account for each of the following purposes (the order set forth below not constituting an order of priority for such withdrawals): (i) to make distributions to Certificateholders on each Distribution Date pursuant to Article IV; (ii) to transfer Interest Reserve Amounts to the Interest Reserve Account pursuant to Section 3.29; (iii) to pay itself or any of its directors, officers, employees and agents, as the case may be, any amounts payable or reimbursable to any such Person pursuant to Section 3.6(a), including the Trustee's Fee, but only to the extent not previously paid by the Master Servicer pursuant to Section 3.6(b); (iv) to withdraw any amount deposited into the Distribution Account that was not required to be deposited therein; and (v) to clear and terminate the Distribution Account at the termination of this Agreement pursuant to Section 9.1. (d) The Trustee, the Fiscal Agent, the Special Servicer and the Master Servicer shall in all cases have a right prior to the Certificateholders to any funds on deposit in the Collection Account from time to time for the reimbursement or payment of unpaid or unreimbursed Trustee Fees, Servicing Compensation,Compensation (subject to the limitation set forth in Section 3.6(a)(iv) for Master Servicer Fees), Advances (subject to the limitation set forth in Section 3.6(a)(ii)) and their respective expenses (including Advance Interest Amounts) hereunder to the extent such expenses, fees, compensation and Advances are to be reimbursed or paid from amounts on deposit in the Collection Account pursuant to this Agreement. (e) The Trustee shall, upon receipt, deposit in the Distribution Account, the Grantor Trust Distribution Account or the Excess Liquidation Proceeds Account, as applicable, any and all amounts received by the Trustee in accordance with Section 3.6(a)(i). If, as of 3:00 p.m., New York City time, on any Remittance Date or on such other date as any amount referred to in Section 3.6(a)(i) is required to be delivered hereunder, the Master Servicer shall not have delivered to the Trustee for deposit in the Distribution Account, the Grantor Trust Distribution Account or the Excess Liquidation Proceeds Account the amounts required to be deposited therein pursuant to Section 3.6(a)(i), then the Trustee shall, to the extent that a Responsible Officer of the Trustee has such knowledge, provide notice of such failure to the Master Servicer by facsimile transmission sent to telecopy no. (816) 435-2326 (or such alternative number provided by the Maste▇ ▇▇▇▇▇▇▇▇ ▇o the Trustee in writing) and by telephone at telephone no. (816) 435-5000 (or such alternative number provided by the Master ▇▇▇▇▇▇▇▇ ▇▇ the Trustee in writing) as soon as possible, but in any event before 5:00 p.m., New York City time, on such day.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (PNC Mort Sec Corp Com Mort Pass THR Cert Ser 2000-C1)

Permitted Withdrawals from the Collection Account. The Master Servicer may make withdrawals from the Collection Account (and the Grantor Trust Collection Account, with respect to Contingent Interest) only as described below (the order set forth below not constituting an order of priority for such withdrawals): (i) to remit to the Trustee, Trustee for deposit in the Distribution Account, the Default Interest Distribution Account, the Interest Reserve Account, Excess Interest Distribution Account, the Repurchase Price Return of Premium Distribution Account and the Grantor Trust Post Lock-Out Return of Premium Distribution Account, the amounts required to be deposited in the Distribution Account, the Default Interest Distribution Account, the Interest Reserve Account, the Excess Interest Distribution Account, the Repurchase Price Return of Premium Distribution Account and the Grantor Trust Post-Lock Out Return of Premium Distribution Account pursuant to Sections 4.5 and 3.5(d4.06, 3.05(c), respectively3.05(d), 3.27(a), 3.05(e), 3.05(f) and 3.05(g); (ii) to pay or reimburse the Master Trustee, the Fiscal Agent, the Servicer, the Co-Servicer, the Special Servicer and, with respect to Co-Lender Split Notes, the Other Servicer or Other Special Servicer in accordance with Section 3.32 hereof for Advances (provided, that the Trustee or and the Fiscal Agent for Advances; provided, howevershall have priority with respect to such payment or reimbursement), the Servicer's right of the Master Servicer, the Trustee or the Fiscal Agent to reimburse itself any such Person pursuant to this clause (ii) being limited to either (x) any collections on or in respect of the particular Mortgage Loan or REO Property respecting with respect to which each such Advance was made, (y) with respect to P&I Advances, any Subordinate Class Advance Amounts with respect to the related Distribution Date as provided in Section 4.06(d), or (yz) any other amounts in the Collection Account in the event that such Advances, and any Property Advances made by the Lead Lender with respect to the Other Note required to be, but not reimbursed by the Other Trust Fund as provided in Section 3.32 or any Advance Interest Amount have been deemed to be Nonrecoverable Advances or are not recovered reimbursed from recoveries in respect of the related Mortgage Loan or REO Property after a Final Recovery Determination; (iii) (A) to pay to the Master Servicer, the Co-Servicer, the Trustee or the Fiscal Agent the Advance Interest Amount first relating to P&I Advances and (B) to pay to the Servicer, Co-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 and late payment charges actually collected in respect of the related Mortgage Loan and, to the extent such amounts are insufficient, in connection with or at any time following the reimbursement of such Advance from any other amounts (provided that in the Collection Accountcase 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 Master Servicer, Special the Co-Servicer and Trusteethe Special Servicer, as applicable, as compensation, the aggregate unpaid Master Servicing Fee, Compensation and Special Servicing FeeCompensation (if any), and Trustee Feeas applicable, respectively (in the case respect of the Master Servicer, reduced up to the amount of any Prepayment Interest Shortfalls with respect to such Distribution Date, in accordance with Section 3.25)immediately preceding month, to be paid, in the case of the Master Servicing Fee, from interest received or advanced on the related Mortgage LoansLoan, and to pay from time to time to the Master Servicer or the Co-Servicer in accordance with Section 3.07(b) any interest or investment income earned on funds deposited in the Collection Account (the Servicer and the Co-Servicer may rely on a certification of the Special Servicer, Servicer as applicable, any other to amounts constituting of Special Servicing CompensationCompensation to be withdrawn pursuant to this clause (iv)); (v) to remit to the Distribution Account, an amount equal to the Trustee Fee in respect of the immediately preceding month to be paid from interest received on the related Mortgage Loan; (vi) to pay on or before each Distribution Date to the Depositor, the applicable appropriate Mortgage Loan Seller or the purchaser of any Specially Serviced Mortgage Loan or REO Propertyother Originator, as the case may be, with respect to each Mortgage Loan, Deleted Mortgage Loan or REO Property that has previously been repurchased, replaced purchased or purchased repurchased by it pursuant to Section 2.32.03(d), Section 2.03(e), Section 3.18 or Section 9.19.01, all amounts received thereon during the related Collection Period and subsequent to the effective date as of which the amount required to effect such purchase or repurchase.repurchase was determined; (vivii) to the extent not reimbursed or paid pursuant to any other clause of this Section 3.63.06, to reimburse or pay the Master Servicer, the Co-Servicer, the Trustee, the Special Servicer, the Trustee, the Depositor and/or or the Fiscal Agent Agent, as applicable, for unpaid Servicing Fees, Special Servicing Compensation and other unpaid items incurred by or on behalf of such Person pursuant to the second sentence of Section 3.7(c3.07(c), Section 3.08(a) and (b), Section 3.10, Section 3.12(e), Section 3.17(a), (b) and (c), Section 3.18(a), 6.3the fourth paragraph of Section 3.22, 7.4Section 6.03, 8.5(dSection 7.04, Section 8.01(c)(v), 9.1 Section 8.05(d) or Section 11.710.07, or any other provision of this Agreement pursuant to which such Person is entitled to reimbursement or payment from the Trust Fund, in each case only to the extent reimbursable under such Section, it being acknowledged that this clause (vivii) shall not be deemed to modify the substance of any such Section, including the provisions of such Section that set forth the extent to which one of the foregoing Persons is or is not entitled to payment or reimbursement; (viiviii) to transfer to the Trustee for deposit in one or more separate, non-interest bearing accounts any amount reasonably determined by the Trustee to be necessary to pay any applicable federal, state or local taxes imposed on the Upper-Tier REMIC I, or the Lower-Tier REMIC II and REMIC III under the circumstances and to the extent described in Section 10.34.05; (viiiix) to withdraw any amount deposited into the Collection Account and the Grantor Trust Collection Account that was not required to be deposited therein; and (ixx) to clear and terminate the Collection Account pursuant to Section 9. 19.01. The Master Servicer and the Co-Servicer shall keep and maintain separate accounting, on a Mortgage Loan-by-Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subclauses (ii) - (viiii)-(vii) above. The Master Servicer and the Co-Servicer shall pay to the Trustee, the Fiscal Agent Agent, the Co-Servicer or the Special Servicer from the Collection Account (to the extent permitted by clauses (i)-(viiii)-(vii) above) amounts permitted to be paid to the Trustee, the Fiscal Agent Agent, the Co-Servicer or the Special Servicer therefrom, promptly upon receipt of a certificate of a Responsible Officer of the Trustee, an officer of Trustee or the Fiscal Agent or a certificate of a Servicing Officer of the Special ServicerOfficer, as applicable, describing the item and amount to which the Trustee, the Fiscal Agent or the Special Servicer such Person is entitled. The Master Servicer and the Co-Servicer may rely conclusively on any such certificate and shall have no duty to recalculate the amounts stated therein. The Trustee, the Fiscal Agent, the Special Servicer, the Co-Servicer and the Master Servicer shall in all cases have a right prior to the Certificateholders to any funds on deposit in the Collection Account from time to time for the reimbursement or payment of the Servicing Compensation (including investment income), or Trustee Fees, Special Servicing Compensation,, Advances, Advance Interest Amounts, their respective expenses hereunder to the extent such fees and expenses are to be reimbursed or paid from amounts on deposit in the Collection Account pursuant to this Agreement (and to have such amounts paid directly to third party contractors for any invoices approved by the Trustee, the Servicer, the Co-Servicer or the Special Servicer, as applicable) and any federal, state or local taxes imposed on either the Upper-Tier REMIC or Lower-Tier REMIC.

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Sources: Pooling and Servicing Agreement (Capco America Securitization Corp)