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.
Appears in 1 contract
Sources: Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust, Series 2004-Sd2)
Permitted Withdrawals from the Collection Account. The Servicer mayIndenture Trustee will, from time to timetime as provided herein, withdraw funds make withdrawals from the Collection Account of amounts deposited in said account pursuant to this Agreement that are attributable to the Contracts for the following purposes:
(i) to remit to the Trustee for deposit make payments and distributions in the Distribution Account amounts and in the amounts required to be so remitted pursuant to manner provided for in Section 2.4(e)5.05;
(ii) to pay itself any unpaid Servicing Feesto CITSF or the Servicer with respect to each Contract or property acquired in respect thereof that has been purchased pursuant to Section 3.02, unpaid REO Management Fees 4.02, 4.07, 11.01 or 11.02, all amounts received thereon and other servicing compensation in accordance with Section 4.3not required to be distributed to Noteholders and Certificateholders;
(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 withdraw 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 that was not required to be deposited therein, including ; and
(iv) to reimburse the Servicing Fee and other servicing compensationServicer out of liquidation proceeds for liquidation expenses incurred by it, to withdraw the extent such amount reimbursement is permitted under Section 4.03 and to the extent such expenses have not otherwise been reimbursed. Since, in connection with withdrawals pursuant to clauses (ii) and (iv) of this subsection 5.02(d), CITSF's entitlement thereto is limited to collections or other recoveries on the related Contract, the Servicer shall keep and maintain separate accounting, on a Contract by Contract basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. The Servicer shall keep and maintain an accounting for the purpose of justifying 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 withdrawal from the Collection Account upon the termination pursuant to clause (iii) of this Agreement in accordance with Article 7subsection 5.02(d).
Appears in 1 contract
Sources: Sale and Servicing Agreement (Cit Group Securitization Corp Ii)
Permitted Withdrawals from the Collection Account. The Servicer mayIndenture Trustee shall, at the written direction of the Servicer, from time to timetime as provided herein, withdraw funds make withdrawals from the Collection Account of amounts deposited in said account pursuant to this Agreement that are attributable to the Contracts for the following purposes:
(i) to remit to the Trustee for deposit make payments and distributions in the Distribution Account amounts and in the amounts required to be so remitted pursuant to manner provided for in Section 2.4(e)5.05 hereof;
(ii) to pay itself any unpaid Servicing Feesto CITSF or the Servicer with respect to each Contract or property acquired in respect thereof that has been purchased pursuant to Section 3.02, unpaid REO Management Fees 4.02, 4.07 or 11.01 hereof, all amounts received thereon and other servicing compensation in accordance with Section 4.3not required to be distributed to Noteholders and Certificateholders;
(iii) to reimburse itself for any unreimbursed Servicing Advance or Monthly Advances made pay to the Buyer with respect to any Mortgage Loan; provided each Contract or property acquired in respect thereof that the Servicer's right to reimburse itself has been purchased pursuant to this clause (ii) is limited Section 11.02 hereof, all amounts received thereon and not required to any amounts collected or received by the Servicer with respect be distributed to such Mortgage LoanNoteholders and Certificateholders;
(iv) to pay to itself any interest earned on funds deposited in the Collection Account;
(v) to make any payment or reimburse itself for withdraw 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 that was not required to be deposited therein, including ; and
(v) to reimburse the Servicing Fee and other servicing compensationServicer out of liquidation proceeds for Liquidation Expenses incurred by it, to withdraw the extent such amount expenses have not otherwise been reimbursed. Since, in connection with withdrawals pursuant to clauses (ii), (iii) and (v) of this subsection 5.02(d), CITSF's entitlement thereto is limited to collections or other recoveries on the related Contract, the Servicer shall keep and maintain separate accounting, on a Contract by Contract basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. The Servicer shall keep and maintain an accounting for the purpose of justifying 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 withdrawal from the Collection Account upon the termination pursuant to clause (iv) of this Agreement in accordance with Article 7subsection 5.02(d).
Appears in 1 contract
Sources: Sale and Servicing Agreement (Cit Marine Trust 1999-A)
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(e3.04(b) or permitted to be so remitted pursuant to the first sentence of Section 3.04(d);
(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 Advances and Servicing Advance or Monthly Advances made with respect pursuant to any Mortgage Loan; provided that Section 3.01, 3.03 or 4.07, the Servicer's right to reimburse itself pursuant to this clause subclause (ii) is being limited to amounts received on the related Mortgage Loan which represent payments of principal and/or interest respecting which any such advance was made;
(iii) to reimburse itself for unreimbursed Servicing Advances, any unpaid Servicing Fees and for unreimbursed Advances made pursuant to Section 4.07 to the extent that such amounts collected are deemed to be Nonrecoverable Advances, and to reimburse itself for such amounts to the extent that such amounts are nonrecoverable from the disposition of REO Property pursuant to Section 3.03 or received by the Servicer with respect to such Mortgage LoanSection 3.13 hereof;
(iv) to pay reimburse itself for any amounts paid pursuant to itself any interest earned on funds deposited in the Collection AccountSection 6.03 (and not otherwise previously reimbursed);
(v) to make pay to itself as servicing compensation (a) 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 interest earned on funds in the Collection Account not required (all such interest to be deposited therein, including withdrawn monthly not later than each Servicer Remittance Date) and (b) the Servicing Fee and other servicing compensation, from that portion of any payment or recovery as to withdraw such amount from the Collection Account any provision herein interest to a particular Mortgage Loan to the contrary notwithstanding;
(viii) extent not retained pursuant to transfer funds to another Qualified Depository in accordance with Section 2.93.04(ii); and
(ixvi) to clear and terminate the Collection Account upon the termination of this Agreement Agreement. The foregoing requirements for withdrawal from the Collection Account shall be exclusive. In the event the Servicer shall deposit in accordance with Article 7the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Painewebber Mortgage Acceptance Corp Iv Series 2000-He-1)