Common use of Priorities of Distribution Clause in Contracts

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (CSMC Trust 2007-4), Pooling and Servicing Agreement (CSMC Trust 2007-4), Pooling and Servicing Agreement (CSMC Trust 2007-4)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, to the Class I-P Certificates, the Class I-P Principal Distribution Amount; (ii) second, subject to Section 4.01(B) below, concurrently, to the Group 1 I Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) secondthird, to the Group 1 I Certificates entitled to principalprincipal (other than the Class I-P Certificates), the Group I Senior Principal Distribution Amount for Loan Group 1Amount, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;; and (B) second, to the Class 1I-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 A-1 Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (b) with respect to the Group 2 II and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06II: (i) first, to the Class CII-B-1 P Certificates, an amount allocable to interest equal to the Interest Class II-P Principal Distribution Amount for such Class for such Distribution DateAmount; (ii) second, subject to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iiiSection 4.01(B) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) firstbelow, concurrently, to the Group 1 II Certificates entitled to interest, an amount allocable to interest equal to and the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, however, that for the purposes of the distributions pursuant to this Section 4.01(A)(b)(ii), the Interest Distribution Amount for the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only shall be calculated solely on the basis of that portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, attributable to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zeroII Mortgage Loans; and (iii) third, after any payments to the Group 1II Certificates entitled to principal (other than the Class II-P Certificates), the Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available II Senior Principal Distribution Amount, to in the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any following order of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as followspriority: (iA) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed following Certificates in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as followsfollowing order: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mort Back Ps THR Cert Ser 2002-34), Pooling and Servicing Agreement (CSFB Mortgage Acceptance Corp Mort Back Cert Ser 2003-1), Pooling and Servicing Agreement (CSFB Mortgage Acceptance Corp Mort Back Cert Ser 2003-1)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator shall determine withdraw the amounts related Group Available Funds, (to be distributed the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to written instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Subsidiary and Middle REMIC Regular Interests, as provided in Section 4.02(h), and then to distributions on the Certificates in the following order and priority and, in each Class case, to the extent of Certificates as follows:such Group Available Funds, subject to adjustment in accordance with Sections 4.02(b), 4.02(d) and 4.02(e): (ai) with With respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Group 1 Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, Funds; with respect to the Group 2 Certificates, from the Group 2 Available Funds; with respect to the Group 3 Certificates, from the Group 3 Available Funds; with respect to the Group 4 Certificates, from the Group 4 Available Funds; with respect to the Class 30-PO Certificates, from the Group 1 Certificates entitled Available Funds and Group 3 Available Funds; with respect to interestthe Class 30-A-X Certificates, from the Group 1 Available Funds and Group 2 Available Funds; with respect to the Class 15-PO and Class 15-A-X Certificates, from the Group 4 Available Funds; and with respect to the Subordinate Certificates, from the Group 1 Available Funds, Group 2 Available Funds, Group 3 Available Funds and Group 4 Available Funds, as follows: first, concurrently, (A) concurrently, to each Class of Group 1 Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; provided, that prior to the Class 1-A-10 Accretion Termination Date, an amount equal to the amount that would otherwise be distributable in respect of Accrued Certificate Interest Distribution to the Class 1-A-10 Certificates pursuant to this provision (the “Class 1-A-10 Accrual Amount”) will instead be distributed as principal in accordance with Section 4.02(c); and (B) to each Class of Group 2 Certificates and the Class 30-A-X Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; provided, however, that for purposes of the distributions pursuant to this clause (B), the Accrued Certificate Interest for the Class 30-A-X Certificates shall be calculated solely on the basis of that portion of the Class 30-A-X Notional Amount attributable to the Group 2 Mortgage Loans; (C) to each Class of Group 3 Certificates and the Class 30-A-X Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; provided, however, that for purposes of the distributions pursuant to this clause (C), the Accrued Certificate Interest for the Class 30-A-X Certificates shall be calculated solely on the basis of that portion of the Class 30-A-X Notional Amount attributable to the Group 3 Mortgage Loans; and (D) to each Class of Group 4 Certificates and the Class 15-A-X Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; in each case ((A), (B), (C) and (D) of this paragraph), any shortfall being shall be allocated pro rata among such Classes described in the related paragraph in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; andand second, concurrently, (iiA) secondto the extent of remaining Group 1 Available Funds, to the Group 1 Certificates entitled and the Class 30-PO Certificates, concurrently, as follows: (1) to principalthe Class 30-PO Certificates, an amount allocable to principal equal to the Senior PO Principal Distribution Amount for Loan Collateral Group 1, in up to the following order outstanding Class Principal Balance of priority;the Class 30-PO Certificates; and (A2) firstup to the amount of the Senior Optimal Principal Amount for Collateral Group 1 for such Distribution Date, to the Group 1 Certificates, sequentially, as follows (provided, that, on each Distribution Date on or after the Cross-Over Date, up to the amount of the Senior Optimal Principal Amount for Collateral Group 1 for such Distribution Date, will be distributed to each Class AR and Class AR-L of Group 1 Certificates, pro rata based on rata, according to Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second; and provided further, that any principal distributed to the Class 1-A-1, Class A-5 Certificates on any Distribution Date pursuant to this clause (2) will be allocated to Component 1-A-2A-5-1, Class Component 1-A-3 A-5-2 and Component 1-A-5-3, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date): (a) first, to the Class A-LR and Class 1A-A-6 UR Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Class 1-A-13 and Class 1-A-5 Certificates, pro rata based on Class Principal Balances, the Senior Group 1 Priority Principal Distribution Amount for Loan Group 2Amount, in the following order of priorityuntil their respective Class Principal Balances are reduced to zero; (Ac) firstthird, to the Class 21-A-4A-1, the Group 2 Priority AmountClass 1-A-2, Class 1-A-3, Class 1-A-4 and Class 1-A-5 Certificates, until its their aggregate Class Principal Balance is reduced to zero;their aggregate Scheduled Class Balance for such Distribution Date as set forth in Schedule IV, concurrently, as follows: (Bi) second97.3711123143%, sequentially, as follows: A. first, to the Class 21-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) B. second, to the Class 1-A-2 Certificates, until its Class Principal Balance is reduced to zero; C. third, to the Class 21-A-3 Certificates, until its Class Principal Balance is reduced to zero;; and (D) D. fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 21-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2006-1), Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2006-1), Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2006-1)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 and Class D-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interestClass D-P Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Class P Principal Distribution Amount that would have been distributed in the absence of such shortfall; andfor Loan Group 1; (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) secondthird, to the Class 5-A-2 and Class 5-A-3 Group 1 Certificates, the Senior Principal Distribution Amount for Loan Group 51, in the following order of priority: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C1-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 A-1 and Class C1-B-6 A-2 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and; (iiib) third, after any payments with respect to the Group 12 Certificates, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 4 will be made with respect 2, subject to the Group 4, Class AR and Class AR-L Certificates as followsSection 4.01(B) below: (i) first, concurrently, to the Group 4 2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal2 Certificates, the Senior Principal Distribution Amount for Loan Group 42, as principalin the following order of priority: (A) first, to the Class 2-A-4 and Class 2-A-5 Certificates, the Group 2 Priority Amount, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 2-A-1-A and Class 2-A-2-A Components, pro rata based on Component Principal Balances, until their respective Component Principal Balances are reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; and; (iiiD) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountfourth, to the Class AR2-L Certificates (A-4 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balance are reduced to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (kc) On or after with respect to the Group 3 Certificates, before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 5 will be made with respect 3, subject to the Group 5, Class C-X, Class AR and Class AR-L Certificates as followsSection 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X 3 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that any Class 3-A-6 Accrual Amount for any Distribution Date on or before the Class 3-A-6 Accretion Termination Date will instead be distributed as principal in accordance with the Class 3-A-6 Accretion Direction Rule; (ii) second, to the Group 5 Certificates 3 Certificates, entitled to principal, the Senior Principal Distribution Amount for Loan Group 53, as principalin the following order of priority (A) first, to the Class 3-A-3, Class 3-A-4 and Class 3-A-10 Certificates, the Group 3 Priority Amount, pro rata based on Class Principal Balances, until their respective Class Principal Balances is Balance are reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Datesecond, to the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X A-1 Certificates and Class C2-X Certificates shall be reduced by the Trust Administrator byA-1-B and Class 2-A-2-B Components, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan or Component Principal Balances, as of the Due Date in such month over the amount of Liquidation Proceeds applied applicable, until their respective Class Principal Balances or Component Principal Balances, as interest on such Mortgage Loan with respect applicable, are reduced to such monthzero; (C) third, (B) after the related Bankruptcy Coverage Termination Dateconcurrently, with respect to each Mortgagas follows:

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2006-7), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2006-7)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds from the Distribution Account and apply such funds to be distributed to distributions on the specified Classes of Senior Certificates in the following order and priority and, in each Class of Certificates as follows: (a) with respect case, to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowextent of such funds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and each interest-bearing Class A-X of Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions prior to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i)Accrual Termination Date, only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before shall be distributed as provided in Section 4.02(a)(ii); (ii) the Class 2-A-2/2-A-5 Accretion Termination Date Accrual Amount will instead be distributed in accordance with the Class 2-A-2/2-A-5 A-6 Accretion Direction Rule; (iii) concurrently, to the Classes of Senior Certificates as follows: (A) to the Class PO Certificates an amount allocable to the PO Formula Principal Amount up to the Outstanding Class Certificate Balance thereof; and (iiB) second, on each Distribution Date prior to the Group 2 CertificatesSenior Credit Support Depletion Date, the Non-PO Formula Principal Amount up to the amount of the Senior Principal Distribution Amount for Loan Group 2such Distribution Date will be distributed, in the following order of priority;sequentially, as follows: (A1) first, to the Class 2A-A-4, the Group 2 Priority Amount, R Certificates until its Class Principal Certificate Balance is reduced to zero; (B2) second, to the Class 2-A-1 A-7 Certificates, the Priority Amount, until its Class Principal Certificate Balance is reduced to zero; (C3) thirdconcurrently, to the Class 2-A-1, Class A-2, Class A-3 Certificates, until its ▇nd Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 A-4 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Certificate Balances are reduced to zero; (d4) with respect to the Group 4 Class A-6 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating until its Class Certificate Balance is reduced to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amountzero; and (ii5) second, to the Class 4-A-2 A-7 Certificates, without regard to the Priority Amount, until its Class Certificate Balance is reduced to zero. (iv) to the Class PO Certificates, any Class PO Deferred Amount, up to an amount not to exceed the amount calculated pursuant to the definition of Subordinated Principal Distribution Amount actually received or advanced for such Distribution Date (with such amount to be allocated first from amounts calculated pursuant to (i) and Class 4-A-3 (ii) and then (iii) of the definition of Subordinated Principal Distribution Amount); (v) On each Distribution Date, Available Funds remaining after making the distributions described in Section 4.02(a)(i)-(iv) will be distributed to the Subordinated Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective P Certificates and the Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class CA-X R Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(Bparagraph 4.02(e) below, in the following order of priority: (iA) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (iiiC) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (vE) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (viiG) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (ixI) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (xiK) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (xiiL) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (xiiiM) thirteenthto the Class A-R Certificates, any remaining funds; provided such amounts shall not include the $100 held in trust for the Class P Certificates. On each Distribution Date, all amounts representing Prepayment Charges received during the related Prepayment Period will be distributed to the holders of the Class P Certificates. On the Distribution Date immediately following the expiration of the latest prepayment penalty term of the Mortgage Loans, the $100 held in trust for the Class P Certificates will be distributed to the holders of the Class P Certificates. On any Distribution Date, amounts distributed in respect of Class PO Deferred Amounts will not reduce the Class Certificate Balance of the Class PO Certificates. On any Distribution Date, to the extent the Amount Available for Senior Principal is insufficient to make the full distribution required to be made pursuant to clause (a)(iii), (A) the amount distributable on the Class C-B-1PO Certificate in respect of principal shall be equal to the product of (1) the Amount Available for Senior Principal and (2) a fraction, the numerator of which is the PO Formula Principal Amount and the denominator of which is the sum of such PO Formula Principal Amount and the Senior Principal Distribution Amount and (B) the amount distributable on the Senior Certificates other than the Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 PO Certificates, in that orderrespect of principal shall be equal to the product of (1) the Amount Available for Senior Principal and (2) a fraction, up to an amount the numerator of Net Realized Losses for which is such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in Senior Principal Distribution Amount and the Class denominator of which is such Senior Principal Balances of any of Distribution Amount and the Group C-B Certificates; andPO Formula Principal Amount. (xivb) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1Notwithstanding anything provided in Section 4.02(a), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or on each Distribution Date on and after the related Senior Credit Support Depletion Date, distributions the lesser of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1and the Non-PO Formula Principal Amount will be distributed, until concurrently, as principal of the classes of Senior Certificates (other than the Notional Amount Certificates and the Class PO Certificates), pro rata, in accordance with their respective Class Principal Certificate Balances are reduced to zero; andimmediately before that Distribution Date. (iiic) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)[Reserved]; (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bd) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Optimal Interest Distribution Amount for each Class of Certificates for such Class before reduction pursuant to this Section 4.01(B)) of Distribution Date shall be reduced by (i) the related Class' pro rata share of Net Prepayment Interest Shortfalls experienced by based on the Mortgage Loans in a related Loan Group for such Optimal Interest Distribution Date; Amount and (ii) the related Class' Allocable Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for the Mortgage Loans incurred during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (e) Notwithstanding the priority and allocation contained in Section 4.02(a), if, with respect to any Class of Subordinated Certificates, on any Distribution Date the sum of the related Class Subordination Percentages of such Class and of all Classes of Subordinated Certificates that have a higher numerical Class designation than such Class (the "Applicable Credit Support Percentage") is less than the Original Applicable Credit Support Percentage for such Class, no distribution of Principal Prepayments on the Mortgage Loans will be made to any such Classes (the "Restricted Classes") and the amount of such Principal Prepayments otherwise distributable to the Restricted Classes shall be distributed to the Classes of Subordinated Certificates having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order set forth in Section 4.02(a)(v). Notwithstanding the foregoing, the Class of Subordinated Certificates then outstanding with the lowest numerical Class designation shall not be a Restricted Class. (f) On each Distribution Date, Available Funds shall be distributed on the Subsidiary REMIC Regular Interests, in each case in an amount sufficient to make the distributions to the Corresponding Classes of Certificates on such Distribution Date in accordance with the provisions of Section 4.02(a).

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2003-A6), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2003-A6)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator shall determine withdraw the amounts related Group Available Funds (to be distributed the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to written instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Subsidiary and Middle REMIC Regular Interests, as provided in Section 4.02(g), and then to distributions on the Certificates in the following order and priority and, in each Class case, to the extent of Certificates as follows:such Group Available Funds, subject to adjustment in accordance with Sections 4.02(b), 4.02(d) and 4.02(d): (ai) with With respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Group 1 Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, Funds; with respect to the Group 2 Certificates, from the Group 2 Available Funds; with respect to the Group 3 Certificates, from the Group 3 Available Funds; with respect to the Class PO Certificates, from the Group 1 Certificates entitled Available Funds; with respect to interestthe Class 30-A-X Certificates, from the Group 2 Available Funds; with respect to the Class 15-A-X Certificates, from the Group 3 Available Funds; and with respect to the Subordinate Certificates, from the Group 1 Available Funds, Group 2 Available Funds and Group 3 Available Funds, as follows: first, concurrently, (A) to each Class of Group 1 Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfallAccrued Certificate Interest; and (iiB) second, to the each Class of Group 1 2 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to and the Class AR and Class AR30-L A-X Certificates, pro rata based on Class Principal Balancesthe Accrued Certificate Interest of each such Class, until their respective Class Principal Balances are reduced an amount allocable to zero;interest equal to the related Accrued Certificate Interest; and (BC) second, to each Class of Group 3 Certificates and the Class 115-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution AmountAccrued Certificate Interest; in each case (clause (A), (B) and (C) of this paragraph), any shortfall being shall be allocated pro rata among such Classes described in the related paragraph in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided howeverand second, that for concurrently, (A) to the purposes extent of distributions remaining Group 1 Available Funds, to the Group 1 Certificates and the Class PO Certificates, concurrently, as follows: (1) to the Class A-X Certificates pursuant PO Certificates, an amount allocable to this Section 4.01(A)(b)(i)principal equal to the PO Principal Distribution Amount, only a portion up to the outstanding Certificate Principal Balance of the Class A-X Notional Amount derived from PO Certificates; and (2) to the Group 2 Mortgage Loans will be used 1 Certificates, in an amount up to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual the Senior Optimal Principal Amount for any Collateral Group 1 for such Distribution Date, sequentially, as follows (provided, that, on each Distribution Date on or before after the Class 2Cross-A-2/2-A-5 Accretion Termination Date Over Date, this amount will instead be distributed in accordance with the to each Class 2-A-2/2-A-5 Accretion Direction Rule; andof Group 1 Certificates, pro rata, according to Certificate Principal Balances, until their respective Certificate Principal Balances are reduced to zero): (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (Aa) first, to the Class 2A-A-4LR and Class A-UR Certificates, pro rata based on Certificate Principal Balances, until their respective Certificate Principal Balances are reduced to zero; (b) second, to the Class 1-A-3 and Class 1-A-4 Certificates, pro rata, up to the Group 2 1 Priority Amount, until their respective Certificate Principal Balances are reduced to zero; (c) third, to the Class 1-A-1 Certificates until its Certificate Principal Balance is reduced to Zero; (d) fourth, to the Class 1-A-2 Certificates until its Certificate Principal Balance is reduced to zero; (e) fifth, to the Class 1-A-3 and Class 1-A-4 Certificates, pro rata, until their respective Certificate Principal Balances are reduced to zero. (B) to the extent of remaining Group 2 Available Funds, to the Group 2 Certificates as follows: (1) an amount up to the Senior Optimal Principal Amount for Collateral Group 2 for such Distribution Date, sequentially, as follows (provided, that, on each Distribution Date on or after the Cross-Over Date, the available Senior Optimal Principal Amount for Collateral Group 2 for such Distribution Date will be distributed to each Class of Group 2 Certificates, pro rata, according to Certificate Principal Balances, until their respective Certificate Principal Balances are reduced to zero): (a) first, to the Class 2-A-4 and Class 2-A-5 Certificates, pro rata, up to the Group 2 Priority Amount, until their respective Certificate Principal Balances are reduced to zero; (b) second, to the Class 2-A-1 and Class 2-A-2 Certificates, pro rata, until its Class their respective Certificate Principal Balance is Balances are reduced to zero; (Cc) third, to the Class 2-A-3 Certificates, until its Class Certificate Principal Balance is reduced to zero; (Dd) fourth, to the Class 2-A-2 A-4 and Class 2-A-5 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Certificate Principal Balances are reduced to zero; (dC) with respect to the extent of remaining Group 3 Available Funds as follows: (a) to the Class PO Certificates, until its Certificate Principal Balance is reduced to zero; and (b) to the Group 4 3-A-1 Certificates, before until its Certificate Principal Balance is reduced to zero; third, only on any Distribution Date on or prior to the related Credit Support Depletion Date and from Cross-Over Date, to the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: Class PO Certificates (i) first, any PO Recoveries for that Distribution Date related to Collateral Group 1 and Collateral Group 3, up to the Group 4 Certificates1 PO Deferred Amount and the Group 3 PO Deferred Amount for that Distribution Date, an amount allocable until the PO Deferred Amount has been reduced to interest equal to the related Interest Distribution Amount; and zero and (ii) second, from the remaining Available Funds for Collateral Group 1 and Collateral Group 3, up to the remaining Group 1 PO Deferred Amount and Group 3 PO Deferred Amount, as applicable, for that Distribution Date; provided, however, that (1) the aggregate distributions pursuant to clause (ii) of this priority third in excess of PO Recoveries shall not exceed the Aggregate Subordinate Optimal Principal Amount for such Distribution Date and shall be payable from the Aggregate Subordinate Optimal Principal Amount, first, from the amounts in clause (i) of the definition “Subordinate Optimal Principal Amount,” second, from amounts in clause (ii) of the definition thereof and third, from amounts in clause (iii) of the definition thereof and (2) any distribution to the Class 4-A-2 and Class 4-A-3 CertificatesPO Certificates pursuant to this Section 4.02(a)(i) third shall not reduce the Certificate Principal Balance of such Class; fourth, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and Subordinate Certificates from the remaining Available Distribution Amount relating to Loan Funds for each Collateral Group 5in the aggregate, subject to Section 4.01(B4.02(b) belowand 4.02(d), in the following order of priority: (iA) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its Class the Certificate Principal Balance of such Class is reduced to zero; (iiiC) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its Class the Certificate Principal Balance of such Class is reduced to zero; (vE) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its Class the Certificate Principal Balance of such Class is reduced to zero; (viiG) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its Class the Certificate Principal Balance of such Class is reduced to zero; (ixI) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its Class the Certificate Principal Balance of such Class is reduced to zero; (xiK) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (xiiL) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its Class the Certificate Principal Balance of such Class is reduced to zero; (xiii) thirteenth; and fifth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06LR Certificate, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed funds in the absence of such shortfall; providedSubsidiary REMIC, that for the purposes of distributions and to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i)UR Certificate, only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) secondany remaining funds in each remaining REMIC. On any Distribution Date, to the extent the Amount Available for Group 3 1 Principal is insufficient to make the full distribution required to be made pursuant to clause (i), priority second sub-clause (A) above, (x) the amount distributable on the Class PO Certificates entitled in respect of principal pursuant to principalsuch clause (i), priority second sub-clause (A) above shall be equal to the product of (1) the Amount Available for Group 1 Principal and (2) a fraction, the Senior numerator of which is the PO Principal Distribution Amount for Loan Collateral Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances 1 and the denominator of which is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions sum of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior PO Principal Distribution Amount for Loan Collateral Group 4, as principal, pro rata based 1 and the Senior Optimal Principal Amount for Collateral Group 1 and (y) the amount distributable on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 1 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any in respect of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will principal shall be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to product of (1) the amount Amount Available for Group 1 Principal and (2) a fraction, the numerator of which is the Senior Optimal Principal Amount for Collateral Group 1 and the denominator of which is the sum of the Interest Distribution Senior Optimal Principal Amount that would have been distributed in for Collateral Group 1 and the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior PO Principal Distribution Amount for Loan Collateral Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and1. (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bb) On each Distribution Date, the amount referred to in clause (i) of the definition of Accrued Certificate Interest Distribution Amount for each Class of Certificates (other than the Class PO Certificates) shall be reduced by (i) the related Class’s pro rata share of Net Prepayment Interest Shortfalls with respect to the Mortgage Loans in the related Collateral Group, based on such Class’s Accrued Certificate Interest for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X without taking into account such Net Prepayment Interest Shortfalls and Class C-X Certificates shall be reduced by the Trust Administrator by, (ii) the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)Class’ pro rata share without taking into account any such reduction) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, Date with respect to each Mortgage Loan in a the related Loan Collateral Group that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, Date with respect to each MortgagMortgage Loan in the related Collateral Group or Collateral Groups that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Deficient Valuation, (C) each Relief Act Reduction incurred on a Mortgage Loan in the related Collateral Group or Collateral Groups, during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date with respect to each Mortgage Loan in the related Collateral Group or Collateral Groups that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month’s interest at the related Net Mortgage Rate on the Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction in the amount referred to in clause (i) of the definition of Accrued Certificate Interest for each Class of Subordinate Certificates in respect of any Collateral Group, such reduction shall be based on the amount of interest accruing at the Required Coupon for such Collateral Group (or in the case of Collateral Group 2, 6.50% per annum), in each case based on such Class’s proportionate share, based on Certificate Principal Balance, of the related Group Subordinate Amount for that Distribution Date. (c) Notwithstanding the priority and allocation contained in Section 4.02(a)(i) priority fourth, if with respect to any Class of Subordinate Certificates on any Distribution Date, such Class has not satisfied the related Class Prepayment Distribution Trigger, no distribution of amounts pursuant to clauses (ii) and (iii) of the definition of the Subordinate Optimal Principal Amount will be made to any such Classes (the “Restricted Classes”) and such amounts otherwise distributable to the Restricted Classes shall be distributed to any Classes of Subordinate Certificates that are not Restricted Classes, having lower numerical Class designations than such Restricted Classes, pro rata based on their respective Certificate Principal Balances immediately prior to such Distribution Date. The calculation of any amount to be distributed under this Section 4.02(c) shall be made by the Master Servicer. (d) On each Distribution Date, after application of Group 1 Available Funds, Group 2 Available Funds and Group 3 Available Funds in accordance with Section 4.02(a)(i) items first and second, the Trust Administrator shall effect cross-collateralization among each Certificate Group in the following priority: (i) Subject to Section 4.02(b), to the extent any Accrued Certificate Interest with respect to any Class of Senior Certificates (other than the Class PO Certificates) remains unpaid after application of Available Funds for the related Collateral Group in accordance with Section 4.02(a)(i) items first and second, Available Funds for the other Collateral Groups remaining after payments on the Senior Certificates related to such other Collateral Groups (other than the Class PO Certificates) shall be applied to cover such unpaid Accrued Certificate Interest and, to the extent there are insufficient funds to pay such amounts in full, shall be applied pro rata based on the amounts of such unpaid Accrued Certificate Interest. (ii) Prior to the Cross-Over Date, to the extent any Group 1 PO Deferred Amount and Group 3 PO Deferred Amount have not been paid from Group 1 Available Funds and Group 3 Available Funds, respectively, the available Subordinate Principal Distribution Amount for the Subordinate Certificates shall be applied to pay any such PO Deferred Amounts. (iii) If on any Distribution Date, one or more Certificate Groups is an Undercollateralized Group, the available Subordinate Principal Distribution Amount for the Subordinate Certificates shall be paid to such Undercollateralized Group or Groups as principal to the Senior Certificates of such Undercollateralized Group or Groups in accordance with the priorities set forth in Section 4.02(a)(i) until the aggregate Certificate Principal Balance of the Senior Certificates of each such Undercollateralized Group equals the related Group Balance of the related Collateral Group (net of the Group 1 PO Percentage of the Scheduled Principal Balance of each Discount Mortgage Loan in such Collateral Group, if any). If more than one such Certificate Group is an Undercollateralized Group, the available Subordinate Principal Distribution Amount for the Subordinate Certificates shall be distributed between such Undercollateralized Groups pro rata based on the outstanding balances of the respective Certificate Groups. (iv) On or after the date on which the Certificate Principal Balances of all of the Senior Certificates in any Certificate Group have been reduced to zero, amounts otherwise distributable as principal on the Subordinate Certificates, up to the applicable Apportioned Subordinate Principal Distribution Amount, shall be paid pro rata as principal to t

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2006-3), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2006-3)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 1 Senior Certificates entitled to principal, pro rata based as follows: (A) [reserved]; and (B) on Class Principal Balances, as principaleach Distribution Date, the Senior Principal Distribution Amount for Loan Group 1, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, sequentially, to the Class A-R and Class 1-A-1 Certificates, in that order, until their respective Class Principal Certificate Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (hiv) [reserved]; (2) On or after the related Credit Support Depletion each Distribution Date, distributions of the Trustee shall withdraw the Available Distribution Amount Funds for Loan Group 2 will be made with respect from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followsextent of Available Funds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[reserved]; (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountconcurrently, to the each Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC Group 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Senior Certificates as follows: (iA) first[reserved]; (B) on each Distribution Date, concurrentlythe Principal Amount for Loan Group 2, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion up to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the related Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on such Distribution Date will be distributed to the Class Principal Balances, 2-A-1 Certificates until their respective its Class Principal Balances Certificate Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B3) On each Distribution Date, the amount referred Trustee shall withdraw the Available Funds for Loan Group 3 from the Distribution Account and apply such funds to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based distributions on the amount Group 3 Senior Certificates in the following order and priority and, in each case, to the extent of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagAvailable Funds remaining:

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (IndyMac Indx Mortgage Loan Trust 2004-Ar15), Pooling and Servicing Agreement (IndyMac Indx Mortgage Loan Trust 2004-Ar15)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interestClass A-P Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Class P Principal Distribution Amount that would have been distributed in the absence of such shortfall; andfor Loan Group 1; (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) secondthird, to the Class 5-A-2 and Class 5-A-3 Group 1 Certificates, the Senior Principal Distribution Amount for Loan Group 51, in the following order of priority: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C1-B-1 A-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iiib) thirdwith respect to the Class 2-A-1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, to the Class C2-B-2 A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Class for such Distribution DateAmount; (ivii) fourthsecond, to the Class C2-B-2 A-1 Certificates, an amount allocable to principal equal to its Pro Rata Share the Senior Principal Distribution Amount for such Distribution DateLoan Group 2, until its Class Principal Balance is reduced to zero; (vc) fifth, with respect to the Class C-B-3 Group 3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 1 will be made with respect 3, subject to the Group 1 Certificates as followsSection 4.01(B) below: (i) first, concurrently, to the Group 1 3 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principalin the following order of priority (A) first, to the Class 3-A-4 and Class 3-A-7 Certificates, the Group 3 Priority Amount, pro rata based on Class Principal Balances, until their respective Class Principal Balance are reduced to zero; (B) second, to the Class 3-A-10 and Class 3-A-13 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and; (iiiC) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR3-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR A-16 and Class AR3-L Certificates as follows: (i) first, concurrently, to the Group 4 A-19 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and; (iiiD) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountfourth, to the Class AR3-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR A-4 and Class AR3-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X A-7 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (CSMC 2006-8), Pooling and Servicing Agreement (CSMC 2006-8)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Class 1-P Certificates, the Class P Principal Distribution Amount for Loan Group 1; (ii) second, concurrently, to the Group 1 Certificates entitled to interest, and Class 1-X Certificates; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and; (iiiii) secondthird, to the Group 1 Certificates entitled to principalCertificates, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority;: (A1) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B2) second, to the Class 1-A-1A-4 Certificates, the Group 1 Priority Amount, until its Class Principal Balance has been reduced to zero; (3) third, to the Class 1-A-2, Class 1-A-3 A-1 and Class 1-A-6 A-2 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero;; and (4) fourth, to the Class 1-A-4 Certificates, until its Class Principal Balance has been reduced to zero. (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, to the Class 2-P Certificates, the Class P Principal Distribution Amount for Loan Group 2. (ii) second, concurrently, to the Group 2 and Class A2-X Certificates, ; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and; (iiiii) secondthird, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority;: (A1) first, to the Class 2-A-4A-3 Certificates, the Group 2 Priority Amount, until its Class Principal Balance is has been reduced to zero; (B2) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the and Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E3) fifththird, to the Class 2-A-4 A-3 Certificates, until its Class Principal Balance is has been reduced to zero;. (c) with respect to the Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, to the Class 3-P Certificates, the Class P Principal Distribution Amount for Loan Group 3. (ii) second, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, ; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and; (iiiii) secondthird, to the Class 5-A-2 and Class 5-A-3 Group 3 Certificates, the Senior Principal Distribution Amount for Loan Group 53, in the following order of priority: (1) first, to the Class 3-A-3 Certificates, the Group 3 Priority Amount, until its Class Principal Balance has been reduced to zero; (2) second, to the Class 3-A-1 and Class 3-A-2 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero;; and (f3) third, to the Class 3-A-3 Certificates, until its Class Principal Balance has been reduced to zero. (d) with respect to the Class 1-P, Group CD-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 1 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C1-P Certificates, first, to the extent of PO Recoveries for Loan Group 1 and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group 1 incurred in the previous calendar month and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(d)(i) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this 4.01(A)(d)(i) will not cause a further reduction in the Class Principal Balance of the Class 1-P Certificates; (ii) second, to the Class D-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iii) third, to the Class D-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (iv) fourth, to the Class D-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (v) fifth, to the Class D-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (vi) sixth, to the Class D-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vii) seventh, to the Class D-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (viii) eighth, to the Class D-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ix) ninth, to the Class D-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (x) tenth, to the Class D-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xi) eleventh, to the Class D-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xii) twelfth, to the Class D-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xiii) thirteenth, to the Class D-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xiv) fourteenth, to the Class D-B-1, Class D-B-2, Class D-B-3, Class D-B-4, Class D-B-5 and Class D-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(d)(xiv) will not cause a further reduction in the Class Principal Balances of any of the Group D-B Certificates; and (xv) fifteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC; (e) with respect to the Group C-B, Class 2-P, Class 3-P, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 2 and Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(A)(b) and (c) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 2 and Group 3 Certificates pursuant to Section 4.06: (i) first, concurrently, (1) to the Class 2-P Certificates, first, to the extent of PO Recoveries for Loan Group 2 and second, to the extent of amounts otherwise available to pay the Group C-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group 2 incurred in the previous calendar month and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(e)(i)(1) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this 4.01(A)(e)(i)(1) will not cause a further reduction in the Class Principal Balance of the Class 2-P Certificates; (2) to the Class 3-P Certificates, first, to the extent of PO Recoveries for Loan Group 3 and second, to the extent of amounts otherwise available to pay the Group C-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group 3 incurred in the previous calendar month and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(e)(i)(2) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this 4.01(A)(e)(i)(2) will not cause a further reduction in the Class Principal Balance of the Class 3-P Certificates; (ii) second, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for each such Class for such Distribution Date; (iii) third, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (iiiiv) thirdfourth, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ivv) fourthfifth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (vvi) fifthsixth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vivii) sixthseventh, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (viiviii) seventheighth, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viiiix) eighthninth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (ixx) ninthtenth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xxi) tentheleventh, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (xixii) eleventhtwelfth, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xiixiii) twelfththirteenth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (xiiixiv) thirteenthfourteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii4.01(A)(e)(xiv) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xivxv) fourteenthfifteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (f) on or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1, Class 1-X, Class 1-P, Class AR and Class AR-L Certificates as follows: (i) first, to the Class 1-P Certificates, the Class P Distribution Amount for Loan Group 1; (ii) second, concurrently, to the Group 1 Certificates entitled to interest and the Class 1-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iii) third, to the Group 1 Certificates, pro rata based on Class Principal Balances, the Senior Principal Distribution Amount for Loan Group 1, as principal, until their respective Class Principal Balances are reduced to zero; and (iv) fourth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 2 will be made with respect to the Group 1 2, Class 2-X, Class 2-P, Class AR and Class AR-L Certificates as follows: (i) first, to the Class 2-P Certificates, the Class P Distribution Amount for Loan Group 2; (ii) second, concurrently, to the Group 1 2 Certificates entitled to interestinterest and the Class 2-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iiiii) secondthird, to the Group 1 Certificates entitled to principal2 Certificates, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 12, as principal, until their respective Class Principal Balances are reduced to zero; and (iiiiv) thirdfourth, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (jh) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 3 will be made with respect to the Group 43, Class 3-X, Class 3-P, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Class 3-P Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Class P Distribution Amount that would have been distributed in the absence of such shortfallfor Loan Group 3; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 3 Certificates entitled to interest and the Class C3-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iiiii) secondthird, to the Group 5 Certificates entitled to principal3 Certificates, the Senior Principal Distribution Amount for Loan Group 53, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is Balance are reduced to zero; and (iiiiv) thirdfourth, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagpa

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) firstconcurrently, to the each interest-bearing Class of Group 1 Certificates entitled to interestSenior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided that the amount otherwise distributable on the related portion of the Class A-X-2 Certificates, up to the amount of the Required Reserve Fund Deposit, shall be deposited in the Carryover Shortfall Reserve Fund to the extent required by Section 4.07; (ii) [reserved]; (iii) concurrently, to the Classes of Group 1 Senior Certificates as follows: (A) [reserved]; and (iiB) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, sequentially, to the following Classes and Component of Certificates in the following order of priority; (A) : first, sequentially, to the Class AR A-R and Class AR1-L A-1 Certificates, pro rata based on Class Principal Balancesin that order, until their respective Class Principal Certificate Balances are reduced to zero; (B) ; and second, to the Class 1A-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal BalancesPO-1 Component, until their respective Class its Component Principal Balances are Balance is reduced to zero;. (biv) with respect [reserved]. (2) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 2 from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and Class A-X Certificatespriority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowFunds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; , provided however, that for the purposes of distributions to amount otherwise distributable on the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a related portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 X-2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion up to the amount of the Interest Distribution Amount that would have distributed Required Reserve Fund Deposit, shall be deposited in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (Carryover Shortfall Reserve Fund to the extent that such amount is held required by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)Section 4.07; (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Indymac MBS Inc), Pooling and Servicing Agreement (IndyMac Indx Mortgage Loan Trust 2005-Ar12)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1 Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Class 1-A Certificates and the Residual Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Class 1-A Certificates entitled to interestand the Residual Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR Certificates and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, the Group 1 Senior Principal Distribution Amount for that Distribution Date remaining after making the payments specified in clause (A) above, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 1 and Class 1-A-6 A-2-2 Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero; (b) with respect to the Group 2 and Class A1-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 B and the Class A-X Residual Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 1 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (eSections 4.01(I)(A)(a) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06following Classes in the following order of priority: (i) first, to the Class C1-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C1-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class 1-B-1 Certificates has been reduced to zero; (iii) third, to the Class C1-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C1-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class 1-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C1-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C1-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class 1-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C1-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C1-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class 1-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C1-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C1-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class 1-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C1-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C1-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class 1-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C1-B-1, Class C1-B-2, Class C1-B-3, Class C1-B-4, Class C1-B-5 and Class C1-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(e)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group CClass 1-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, (to the extent that such amount is held by Subsidiary REMIC 1I), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1IV), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X 1 Certificates shall be reduced by the Trust Administrator by, by the related Class’s 's pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by for the Group 1 Mortgage Loans in a related Loan Group for such Distribution Date; Date and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group 1 Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s 's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup 1 Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group 1 Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group 1 Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (C) With respect to each Class of Class 1-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Class 1-B Certificates junior to such Class (the "Restricted Classes") and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Class 1-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination of Loan Group 1 in excess of the Par Value to the holder of the Class AR-L Certificate. (II) With respect to the Group 2 Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) To the Swap Account for payment to the Swap Counterparty, an amount equal to the sum of (1) any Net Swap Payment owed to the Swap Counterparty for the related Swap Payment Date and (2) any Swap Termination Payment owed to the Swap Counterparty not due to a Swap Counterparty Trigger Event (which amount shall include any such Swap Termination Payments remaining unpaid from a prior Swap Payment Date). (ii) to the Group 2 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iii) to the Class 2-M-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iv) to the Class 2-M-2 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (v) to the Class 2-M-3 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (vi) to the Class 2-M-4 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (vii) to the Class 2-M-5 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (viii) to the Class 2-M-6 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (ix) to the Class 2-M-7 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; and (x) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining after application pursuant to Section 4.01(II)(a)(i) through (ix) above. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 2 for such date in the following order of priority: (i) to the Swap Account for payment to the Swap Counterparty, any unpaid Swap Termination Payment owed to the Swap Counterparty not due to a Swap Counterparty Trigger Event; (ii) to the Group 2 Senior Certificates, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero; provided, however, that the aggregate amount that would otherwise be allocable to the Class 2-A-2-1 Certificates and Class 2-A-2-2 Certificates on any Distribution Date will instead be distributed sequentially, to the Class 2-A-2-1 Certificates and Class 2-A-2-2 Certificates, in that order, in each case until its Class Principal Balance has been reduced to zero; (iii) to the Class 2-M-1 Certificates, until its Class Principal Balance has been reduced to zero; (iv) to the Class 2-M-2 Certificates, until its Class Principal Balance has been reduced to zero; (v) to the Class 2-M-3 Certificates, until its Class Principal Balance has been reduced to zero; (vi) to the Class 2-M-4 Certificates, until its Class Principal Balance has been reduced to zero; (vii) to the Class 2-M-5 Certificates, until its Class Principal Balance has been reduced to zero; (viii) to the Class 2-M-6 Certificates, until its Class Principal Balance has been reduced to zero; (ix) to the Class 2-M-7 Certificates, until its Class Principal Balance has been reduced to zero; and (x) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(b)(i) through (ix) above. (c) On each Distribution Date (A) on or after the Stepdown Date and (B) with respect to which a Trigger Event is not in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 2 for such date in the following order of priority: (i) to the Swap Account for payment to the Swap Counterparty, any unpaid Swap Termination Payment owed to the Swap Counterparty not due to a Swap Counterparty Trigger Event; (ii) to the Group 2 Senior Certificates, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, the sum of (1) the Group 2 Senior Principal Payment Amount and (2) the component of the Principal Remittance Amount representing payments, if any, under the Swap Agreement to cover Realized Losses on the Group 2 Mortgage Loans, until their respective Class Principal Balances have been reduced to zero; provided, however, that the aggregate amount that would otherwise be allocable to the Class 2-A-2-1 Certificates and Class 2-A-2-2 Certificates on any Distribution Date will instead be distributed sequentially, to the Class 2-A-2-1 Certificates and Class 2-A-2-2 Certificates, in that order, in each case until its Class Principal Balance has been reduced to zero; (iii) to the Class 2-M-1 Certificates, the Class 2-M-1 Principal Payment Amount for such Distribution Date, until its Class Principal Balance has been reduced to zero; (iv) to the Class 2-M-2 Certificates, the Class 2-M-2 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (v) to the Class 2-M-3 Certificates, the Class 2-M-3 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (vi) to the Class 2-M-4 Certificates, the Class 2-M-4 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (vii) to the Class 2-M-5 Certificates, the Class 2-M-5 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (viii) to the Class 2-M-6 Certificates, the Class 2-M-6 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (ix) to the Class 2-M-7 Certificates, the Class 2-M-7 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; and (x) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(c)(i) through (ix) above. (d) On each Distribution Date, the Trust Administrator shall distribute the Monthly Excess Cashflow for such date in the following order of priority: (i) (A) until the aggregate Class Principal Balance of the LIBOR Certificates equals the Aggregate Loan Group Balance for Loan Group 2 for such Distribution Date minus the Targeted Overcollateralization Amount for such Distribution Date, on each Distribution Date (x) prior to the Stepdown Date or (y) with respect to which a Trigger Event is in effect, to the extent of Monthly Excess Interest for such Distribution Date, to the Group 2 Certificates, in the following order of priority: (1) to the Group 2 Senior Certificates, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero; provided, however, that the aggregate amount that would otherwise be allocable to the Class 2-A-2-1 Certificates and Class 2-A-2-2 Certificates on any Distribution Date will instead be distributed sequentially, to the Class 2-A-2-1 Certificates and Class 2-A-2-2 Certificates, in that order, in each case until its Class Principal Balance has been reduced to zero; (2) to the Class 2-M-1 Certificates, until its Class Principal Balance has been reduced to zero; (3) to the Class 2-M-2 Certificates, until its Class Principal Balance has been reduced to zero; (4) to the Class 2-M-3 Certificates, until its Class Principal Balance has been reduced to zero; (5) to the Class 2-M-4 Certificates, until its Class Principal Balance has been reduced to zero; (6) to the Class 2-M-5 Certificates, until its Class Principal Balance has been reduced to zero; (7) to the Class 2-M-6 Certificates, until its Class Principal Balance has been reduced to zero; (8) to the Class 2-M-7 Certificates, until its Class Principal Balance has been reduced to zero;

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Adjustable Rate Mortgage Loan Trust 2007-2), Pooling and Servicing Agreement (Adjustable Rate Mortgage Loan Trust 2007-2)

Priorities of Distribution. (A1) On With respect to the Available Funds, on each Distribution Date, the Trust Administrator Trustee shall determine withdraw such Available Funds from the amounts Distribution Account and apply such funds to be distributed to distributions on the specified Classes of Senior Certificates and Components in the following order and priority and, in each Class of Certificates as follows: (a) with respect case, to the Group 1 Certificates, before the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) firstconcurrently, to each interest-bearing Class of Senior Certificates and the Group 1 Certificates entitled to interestClass X IO Component, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and Component in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided, however, that the amount of interest otherwise distributable in respect of the Class X IO Component, shall be deposited into the Carryover Reserve Fund and shall be distributed in accordance with Section 4.02(a)(4); and (ii) second, to each Class of Senior Certificates and the Class X PO Component as follows: on each Distribution Date prior to the Group 1 Certificates entitled Senior Credit Support Depletion Date, the related Principal Amount, up to principal, the amount of the Senior Principal Distribution Amount for Loan Group such Distribution Date, will be distributed sequentially, as follows: (1) to the Class A-R Certificates, in the following order of priorityuntil its Class Certificate Balance is reduced to zero; (A2) firstconcurrently, to the each Class AR and of Class AR-L A Certificates, pro rata based on Class Principal BalancesCertificate Balance, until their respective Class Principal Certificate Balances are reduced to zero;; and (B3) secondto the Class X PO Component until its Component Principal Balance is reduced to zero. (2) On each Distribution Date, Available Funds remaining after making the distributions described in Section 4.02(a)(1) above, will be distributed to the Subordinated Certificates and the Class A-R Certificates in the following order and priority and, in each case, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowextent of such funds remaining: (i) first, concurrently, to the Group 2 and Class A-X M Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Optimal Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-M Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (iii) to the Class B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (iv) to the Class B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (iiiv) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (ivvi) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (vvii) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viviii) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (viiix) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viiix) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (ixxi) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (xxii) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Certificate Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance thereof is reduced to zero; and (iiixiii) third, after any payments to the Group 1Class A-R Certificates, Group any remaining funds. (3) On each Distribution Date from and including February 2005 to and including July 2015, Group 4 the Trustee shall withdraw from the Distribution Account and Group 5 Certificates distribute to the Holders of the Class A and Class X Certificates, the applicable Yield Maintenance Payment for such Distribution Date. (4) On each Distribution Date, any amounts deposited in the Carryover Reserve Fund pursuant to Section 4.064.02(a)(1)(i) will be distributed, any remaining Available sequentially, in the following order of priority: (i) concurrently, to each Class of Class A Certificates, pro rata based on each such Class’ entitlement to receive Carryover Shortfall Amounts on such Distribution AmountDate, in an amount up to such Class’ respective Carryover Shortfall Amount for such Distribution Date, as reduced by the amount of such Class’ Yield Maintenance Payment, if any, distributed pursuant to Section 4.02(a)(3) on such Distribution Date; (ii) sequentially, to the Class AR-L M, Class B-1 and Class B-2 Certificates, in that order, in an amount up to their respective Carryover Shortfall Amounts with respect to each such Class of Certificates for that Distribution Date and any Carryover Shortfall Amounts remaining unpaid from prior Distribution Dates; (to the extent that such amount is held by Subsidiary REMIC 1)iii) sequentially, or to the Class AR Certificates (B-3, Class B-4 and Class B-5 Certificates, in that order, in each case up to the extent amount of any Carryover Shortfall Amount with respect to each such Class of Certificates for that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);Distribution Date; and (iiv) to the Class X IO Component. (b) On each Distribution Date on or after the related Senior Credit Support Depletion Date, distributions of notwithstanding the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR allocation and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes priorities set forth in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i4.02(a)(1)(ii), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3shall be distributed concurrently, as principal, to the Class A Certificates and the Class X PO Component, pro rata based rata, on Class Principal Balances, until the basis of their respective Class Certificate Balances or Component Principal Balance, as applicable, until the Class Certificate Balances is or Component Principal Balance thereof are reduced to zero; and. (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bc) On each Distribution Date, the amount referred to in clause (i) of the definition of Class Optimal Interest Distribution Amount for each Class of Certificates or Component thereof for such Distribution Date shall be reduced for each Class or Component of Senior Certificates and each Class of Subordinated Certificates by the related Class’ (i) pro rata share of Net Prepayment Interest Shortfalls based on the related Class Optimal Interest Distribution Amount for such Distribution Date for each Class of Group 1Date, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each without taking into account such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) Allocable Share of (Aa) after the related Special Hazard Coverage Termination Date, with respect to each any Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (Bb) after with respect to any Mortgage Loan that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Bankruptcy Coverage Termination DateDebt Service Reduction or Deficient Valuation, (c) each Relief Act Reduction for the Mortgage Loans incurred during the calendar month preceding the month of such Distribution Date and (d) with respect to each MortgagMortgage Loan that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month’s interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (d) Notwithstanding the priority and allocation contained in Section 4.02(a)(2), if with respect to any Class of Subordinated Certificates on any Distribution Date (other than the Class of Subordinated Certificates then outstanding with the highest priority of distribution) the sum of the related Class Subordination Percentages of such Class and of all Classes of Subordinated Certificates which have a higher numerical Class designation than such Class (the “Applicable Credit Support Percentage”) is less than the Original Applicable Credit Support Percentage for such Class, no distribution of Net Prepayments will be made to any such Classes of Subordinated Certificates (the “Restricted Classes”) and the amount of such Net Prepayments otherwise distributable to the Restricted Classes shall be distributed to any Classes of Subordinated Certificates having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order provided in Section 4.02(a)(2). (e) If Subsequent Recoveries have been received with respect to a Liquidated Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Certificate Balance or Component Principal Balance of each Class of Certificates or Component to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates or Component pursuant to Section 4.04; provided, however, that if the Class Certificate Balance of the Class A Certificates has been reduced by the allocation of Realized Losses, the Class Certificate Balances of the Class A-1, Class A-2 and Class A-3 Certificates will be increased by their pro rata share of Subsequent Recoveries distributed as principal to such Classes of Certificates, but not by more than the amount of Realized Losses previously allocated to reduce the Class Certificate Balances of such Classes of Certificates; provided, further, that the pro rata share of Subsequent Recoveries to be distributed to the Class A-3 Certificates shall be distributed first to the Class A-2 Certificates until the Class Certificate Balance of the Class A-2 Certificates has been increased by an amount equal to the amount of Realized Losses previously allocated to the Class A-2 Certificates, and after the Class Certificate Balances of the Class A-1, Class A-2 and Class A-3 Certificates have been increased by the amount of Realized Losses previously allocated to each Class, respectively, the Class Certificate Balance of the Class A-4 Certificates will be increased by the amount of Subsequent Recoveries distributed as principal to the Class A-4 Certificates, but not by more than the amount of Realized Losses previously allocated to reduce the Class Certificate Balance of the Class A-4 Certificates. Holders of such Certificates will not be entitled to any payment in respect of the Class Optimal Interest Distribution Amount on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Certificate Balance or Component Balance of each Certificate of such Class or Component thereof.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (BellaVista Mortgage Trust 2004-2), Pooling and Servicing Agreement (BellaVista Funding CORP)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator shall determine withdraw the amounts related Group Available Funds, (to be distributed the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to written instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Subsidiary REMIC Regular Interests, as provided in Section 4.02(h), and then to distributions on the Certificates in the following order and priority and, in each case, to the extent of such Group Available Funds, subject to adjustment in accordance with Sections 4.02(b), 4.02(d) and 4.02(e): (i) With respect to the Certificates, from Available Funds, as follows: first, to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before pro rata based on the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interestAccrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Interest Distribution Amount; Accrued Certificate Interest, provided that any shortfall being shall be allocated pro rata among such Classes in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) and second, to the extent of remaining Available Funds, to the Group 1 Certificates entitled (other than the Class A-3 Certificates) and the Class PO Certificates, concurrently, as follows: (1) to principalthe Class PO Certificates, an amount allocable to principal equal to the PO Principal Distribution Amount, up to the outstanding Class Principal Balance of the Class PO Certificates; and (2) up to the amount of the Senior Optimal Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) firstsuch Distribution Date, to the Group 1 Certificates (other than the Class AR and A-3 Certificates), sequentially, as follows (provided, that, on each Distribution Date on or after the Cross-Over Date, up to the amount of the Senior Optimal Principal Amount for such Distribution Date, will be distributed to each Class AR-L of Group 1 Certificates (other than the Class A-3 Certificates), pro rata based on rata, according to Class Principal Balances, until their respective Class Principal Balances are reduced to zero;; and provided further, that any principal distributed to the Class A-6 Certificates on any Distribution Date pursuant to this clause (2) will be allocated to Component A-6-1 and Component A-6-2, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date): (Ba) secondfirst, to the Class 1A-A-1, Class 1-A-2, Class 1-A-3 LR and Class 1A-A-6 UR Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 A-5 and Class 2-A-5 CertificatesA-6 certificates, pro rata based on Class the Priority Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (dc) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) firstthird, to the Group 4 Class A-2 Certificates, in an amount allocable up to interest equal $1,000 on each Distribution Date, until its Class Principal Balance is reduced to zero; (d) fourth, to the related Interest Class A-1 Certificates, in an amount up to $1,479,000 on each Distribution AmountDate, until its Class Principal Balance is reduced to zero; (e) fifth, the Class A-2 Certificates, until its Class Principal Balance is reduced to zero; (f) sixth, to the Class A-1 Certificates, until its Class Principal Balance is reduced to zero; (g) seventh, to the Class A-4 Certificates, until its Class Principal Balance is reduced to zero; and (iih) secondeighth, to the Class 4-A-2 A-5 and Class 4-A-3 A-6 Certificates, the Senior Principal Distribution Amount for Loan Group 4pro rata, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect ; third, only on any Distribution Date on or prior to the Group 5 and Cross-Over Date, to the Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: PO Certificates (i) first, concurrently, any PO Recoveries for that Distribution Date will reduce the PO Deferred Amount until the PO Deferred Amount has been reduced to the Group 5 zero and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, from the remaining Available Funds, up to the remaining PO Deferred Amount for that Distribution Date; provided, however, that (1) any payments in respect of the PO Deferred Amounts in excess of PO Recoveries shall not exceed the Subordinate Optimal Principal Amount for such Distribution Date and shall be payable from the Subordinate Optimal Principal Amount, first, from the amounts in clause (i) of the definition “Subordinate Optimal Principal Amount,” second, from amounts in clause (ii) of the definition thereof and third, from amounts in clause (iii) of the definition thereof and (2) any distribution to the Class 5-A-2 and Class 5-A-3 Certificates, PO Certificates pursuant to this Section 4.02(a)(i) third shall not reduce the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal BalancesBalance of such Class; fourth, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, Subordinate Certificates from the remaining Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) aboveFunds, subject to Sections 4.01(BSection 4.02(b) and 4.01(C) below4.02(d), and further subject to any payments to in the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06following order of priority: (iA) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (iiiC) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (vE) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (viiG) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (ixI) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (xiK) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (xiiL) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (xiii) thirteenth; and fifth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06LR Certificate, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed funds in the absence of such shortfall; providedSubsidiary REMIC, that for the purposes of distributions and to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i)UR Certificate, only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) secondany remaining funds in each remaining REMIC. On any Distribution Date, to the Group 3 extent the Amount Available for Principal is insufficient to make the full distribution required to be made pursuant to clause (i), priority second sub-clause (A) above, (x) the amount distributable on the Class PO Certificates entitled in respect of principal pursuant to principalsuch clause (i), priority second sub-clause (A) above shall be equal to the product of (1) the Amount Available for Principal and (2) a fraction, the Senior numerator of which is the PO Principal Distribution Amount for Loan Group 3, as principal, pro rata based and the denominator of which is the sum of the PO Principal Distribution Amount and the Senior Optimal Principal Amount and (y) the amount distributable on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 1 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any in respect of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will principal shall be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest product of (1) the Amount Available for Principal and (2) a fraction, the numerator of which is the Senior Optimal Principal Amount and the denominator of which is the sum of the Senior Optimal Principal Amount and the PO Principal Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall;. (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bb) On each Distribution Date, the amount referred to in clause (i) of the definition of Accrued Certificate Interest Distribution Amount for each Class of Certificates (other than the Class PO Certificates) shall be reduced by (i) the related Class’s pro rata share of Net Prepayment Interest Shortfalls with respect to the Mortgage Loans, based on such Class’ Accrued Certificate Interest for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X without taking into account such Net Prepayment Interest Shortfalls and Class C-X Certificates shall be reduced by the Trust Administrator by, (ii) the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)Class’ pro rata share without taking into account any such reduction) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, Date with respect to each Mortgage Loan in a related Loan Group i, that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, Date with respect to each MortgagMortgage Loan that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Deficient Valuation, (C) each Relief Act Reduction incurred on a Mortgage Loan during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date with respect to each Mortgage Loan that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month’s interest at the related Net Mortgage Rate on the Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction in the amount referred to in clause (i) of the definition of Accrued Certificate Interest for each Class of Subordinate Certificates, such reduction shall be based upon the amount of interest accruing at the Required Coupon, based on, on such Class’ proportionate share, based on Class Principal Balance, of the related Group Subordinate Amount for that Distribution Date. (c) [reserved] (d) Notwithstanding the priority and allocation contained in Section 4.02(a)(i) priority fourth, if with respect to any Class of Subordinate Certificates on any Distribution Date, such Class has not satisfied the related Class Prepayment Distribution Trigger, no distribution of amounts pursuant to clauses (ii) and (iii) of the definition of the Subordinate Optimal Principal Amount will be made to any such Classes (the “Restricted Classes”) and the amount of such amounts pursuant to clauses (ii) and (iii) of the definition of the applicable Subordinate Optimal Principal Amount otherwise distributable to the Restricted Classes shall be distributed to any Classes of Subordinate Certificates, which are not Restricted Classes, having lower numerical Class designations than such Class, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date. The calculation of any amount to be distributed under this Section 4.02(d) shall be made by the Master Servicer. (e) [Reserved]. (f) [Reserved]. (g) On each Distribution Date, all Class P Prepayment Charges remitted to the Trust Fund during the related Prepayment Period shall be distributed by the Trust Administrator to the Holders of the Class P Certificates. (h) On each Distribution Date, Group Available Funds shall be applied to distributions on the Subsidiary and Middle REMIC Regular Interests, as described in the Preliminary Statement, in each case in an amount sufficient to make the distributions to the Master REMIC. (i) In the event that the Mortgage Loans are purchased at the Master Servicer's election pursuant to Section 10.01(a), the Trust Administrator shall remit the amount of any Fair Market Value Excess by wire transfer of immediately available funds to the holders of the Class A-LR Certificates in accordance with the instructions of the holders of the Class A-LR Certificates.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2006-1), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2006-1)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Group 1 Available Funds, the Group 2 Available Funds and the Group 3 Available Funds from the Distribution Account and, pursuant to be distributed instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Lower-Tier REMIC Regular Interests, as provided in Section 4.02(g), second to distributions in respect of the Middle-Tier REMIC Regular Interests, as provided in Section 4.02(h), and then to distributions on the Certificates in the following order and priority and, in each Class case, to the extent of Certificates as follows:Group 1 Available Funds, Group 2 Available Funds and Group 3 Available Funds, subject to adjustment in accordance with Section 4.02(e): (ai) with With respect to the Group 1 Certificates, before the related Credit Support Depletion Date Class 1-A-X and Class 1-PO Certificates from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Available Funds; the Group 2 Certificates, the Class 2-A-X and Class 2-PO Certificates entitled from the Group 2 Available Funds and the Group 3 Certificates, the Class 3-A-X and Class 3-PO Certificates from the Group 3 Available Funds; as follows: first, concurrently, (A) to each interest-bearing Class of Group 1 Certificates and the Class 1-A-X Certificates, pro rata, an amount allocable to interest equal to the related Interest Distribution Accrued Certificate Interest; (B) to each interest-bearing Class of Group 2 Certificates and the Class 2-A-X Certificates, pro rata, an amount allocable to interest equal to the related Accrued Certificate Interest, except that prior to the Class 2-A-6 Accretion Termination Date, an amount equal to the amount that would otherwise be distributable in respect of interest (including any shortfalls) to the Class 2-A-6 Certificates pursuant to this provision (the "Class 2-A-6 Accrual Amount") will instead be distributed in reduction of the Class Principal Balances of certain Classes of Senior Certificates in accordance with this Section 4.02(a); and (C) to each interest-bearing Class of Group 3 Certificates and the Class 3-A-X Certificates, pro rata, an amount allocable to interest equal to the related Accrued Certificate Interest; in each case ((A) through (C) of this paragraph), any shortfall being shall be allocated pro rata among such Classes in proportion to the amount of the Accrued Certificate Interest or Premium Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) and second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority;concurrently, (A) firstto each Class of Group 1 Certificates and the Class 1-PO Certificates, as follows: (1) to the Class AR and Class AR1-L PO Certificates, pro rata based on an amount allocable to principal equal to the Class 1-PO Principal Distribution Amount, up to the outstanding Class Principal BalancesBalance of the Class 1-PO Certificates; and (2) on each Distribution Date prior to the Cross-Over Date, the Group 1 Non-PO Formula Principal Amount, up to the amount of the Group 1 Optimal Principal Amount for such Distribution Date as follows: (a) to the Class A-R Certificates (in respect of the Class U-R Interest), until their respective the Certificate Principal Balance of such Class Principal Balances are has been reduced to zero;; and (Bb) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-4 and Class 1-A-6 A-5 Certificates, pro rata based on Class Principal Balancesrata, until their respective the Certificate Principal Balance of each such Class Principal Balances are has been reduced to zero;. (bB) with respect to the each Class of Group 2 Certificates and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; andPO Certificates, as follows: (ii1) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 PO Certificates, an amount allocable to principal equal to its Pro Rata Share the Class 2-PO Principal Distribution Amount, up to the outstanding Class Principal Balance of the Class 2-PO Certificates; and (2) on each Distribution Date prior to the Cross-Over Date, the Group 2 Non-PO Formula Principal Amount, up to the amount of the Group 2 Optimal Principal Amount for such Distribution Date, as follows: (a) the Group 2 Priority Principal Distribution Amount to the Class 2-A-13, the Class 2-A-14 and Class 2-A-15 Certificates, pro rata (b) concurrently, as follows: (i) approximately 20.1391522607%, sequentially, as follows: (A) concurrently, as follows: (1) approximately 71.0817087761% to the Class 2-A-9 Certificates, until its Class the Certificate Principal Balance is of such Class has been reduced to zero;; and (iii2) third, approximately 28.9182912239% to the Class C2-B-2 A-10 and Class 2-A-11 Certificates, an amount allocable sequentially, until the Certificate Principal Balance of the Class 2-A-9 Certificates has been reduced to interest equal zero; and (B) to the Interest Distribution Amount for Class 2-A-11 and Class 2-A-12 Certificates, sequentially, until the Certificate Principal Balance of each such class has been reduced to zero; and (ii) approximately 79.8608477393%, sequentially, as follows: (A) to the Class 2-A-1 and Class 2-A-2 Certificates, pro rata until the Certificate Principal Balances of each such Class has been reduced to its Scheduled Class Balance for such Distribution Date; (ivB) fourth, to the Class C2-B-2 A-4 and Class 2-A-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Datesequentially, until its the Certificate Principal Balances of each such Class Principal Balance is has been reduced to zero; (v) fifth, to the their combined Scheduled Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class Balance for such Distribution Date; (viC) sixth, to the Class C2-B-3 A-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class the Certificate Principal Balance is of such Class has been reduced to zero; (viiD) seventh, to the Class C2-B-4 A-7 and Class 2-A-8 Certificates, an amount allocable to interest equal to pro rata, until the Interest Distribution Amount for Certificate Principal Balance of each such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is has been reduced to zero; (ixE) ninth, to the Class C2-B-5 A-4 and Class 2-A-5 Certificates, an amount allocable to interest equal to sequentially, until the Interest Distribution Amount for Certificate Principal Balances of each such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is has been reduced to zero; (xiF) eleventh, to the Class C2-B-6 A-1 and Class 2-A-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Datepro rata, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Certificate Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the each such Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have has been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iiic) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR2-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2A-13, Class A2-X, Class AR A-14 and Class AR2-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X A-15 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balancesrata, until their respective Class the Certificate Principal Balance is of each such Class has been reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-7), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-7)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class and Component of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided howeverthat prior to the Accrual Termination Date, that for the purposes Accrual Amount shall be distributed as provided in Section 4.02(a)(1)(ii); (ii) [reserved]; (iii) concurrently, to the Classes of distributions Group 1 Senior Certificates as follows: (A) to the Class A-X Certificates pursuant PO-1 Component, the related PO Formula Principal Amount until the Component Balance thereof is reduced to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rulezero; and (iiB) secondon each Distribution Date, the Non-PO Formula Principal Amount for Loan Group 1 up to the Group 2 Certificates, amount of the related Senior Principal Distribution Amount for Loan Group 2, such Distribution Date shall be distributed in the following order of priority;: (A) first, 1. to the Class 2A-A-4, the Group 2 Priority AmountR Certificates, until its Class Principal Certificate Balance is reduced to zero; 2. in an amount up to $2,085,000 on each Distribution Date, concurrently; (Ba) second94.30%, concurrently, to the Class 21-A-1 CertificatesA-1, until its Class Principal Balance is reduced to zero; (C) third, to the 1-A-2 and Class 21-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Certificate Balances are reduced to zero; and (Eb) fifth5.70%, concurrently, to the Class 21-A-4 and Class 1-A-6 Certificates, pro rata; and 3. concurrently, to the Class 1-A-4 and Class 1-A-6 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; 4. concurrently, to the Class 1-A-1, Class 1-A-2 and Class 1-A-3 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; and 5. to the Class 1-A-8 Certificates until its Class Principal Certificate Balance is reduced to zero; and (iv) to the Class PO-1 Component, any Class PO Deferred Amount, up to an amount not to exceed the amount calculated pursuant to the definition of Subordinated Principal Distribution Amount actually received or advanced for such Distribution Date (with such amount to be allocated first from amounts calculated pursuant to (i) and (ii) and then (iii) of the definition of Subordinated Principal Distribution Amount; (c2) with respect to On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and 2 from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the extent of Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) belowFunds remaining: (i) first, concurrently, to the each interest-bearing Class and Component of Group 3 Certificates and the Class A-X 2 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; andprovided that prior to the Accrual Termination Date, the Accrual Amount shall be distributed as provided in Section 4.02(a)(2)(ii); (ii) second[reserved]; (iii) concurrently, to the Classes of Group 2 Senior Certificates as follows: (A) to the Class 5-A-2 and Class 5-A-3 CertificatesPO-2 Component, the related PO Formula Principal Amount until the Component Balance thereof is reduced to zero; and (B) on each Distribution Date, the Non-PO Formula Principal Amount for Loan Group 2 up to the amount of the related Senior Principal Distribution Amount for Loan Group 5such Distribution Date, concurrently, to the Class 2-A-1 and Class 2-A-2 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Certificate Balances are reduced to zero; and (iv) to the Class PO-2 Component, any Class PO Deferred Amount, up to an amount not to exceed the amount calculated pursuant to the definition of Subordinated Principal Distribution Amount actually received or advanced for such Distribution Date (with such amount to be allocated first from amounts calculated pursuant to (i) and (ii) and then (iii) of the definition of Subordinated Principal Distribution Amount; (3) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 3 from the Distribution Account and apply such funds to distributions on the Group 3 Senior Certificates in the following order and priority and, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class and Component of Group 3 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount, any shortfall being allocated among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided that prior to the Accrual Termination Date, the Accrual Amount shall be distributed as provided in Section 4.02(a)(2)(ii); (ii) [reserved]; (iii) concurrently, to the Classes of Group 3 Senior Certificates as follows: (A) to the Class PO-3 Component, the related PO Formula Principal Amount until the Component Balance thereof is reduced to zero; and (B) on each Distribution Date, the Non-PO Formula Principal Amount for Loan Group 3 up to the amount of the related Senior Principal Distribution Amount for such Distribution Date shall be distributed in the following order of priority: 1. the lesser of (x) 95.00% of such amount and (y) the Priority Amount, concurrently, to the Class 3-A-4 and Class 3-A-5 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; 2. in an amount up to $489,000 on each Distribution Date, concurrently; (a) 99.50%, to the Class 3-A-2 Certificates until its Class Certificate Balance is reduced to zero; and (b) 0.50%, to the Class 3-A-1 Certificates; 3. sequentially, to the Class 3-A-1 and Class 3-A-2 Certificates, in that order, until their respective Class Certificate Balances are reduced to zero; 4. to the Class 3-A-3 Certificates until its Class Certificate Balance is reduced to zero; and 5. concurrently, to the Class 3-A-4 and Class 3-A-5 Certificates, pro rata, without regard to the Priority Amount, until their respective Class Certificate Balances are reduced to zero; (fiv) to the Class PO-3 Component, any Class PO Deferred Amount, up to an amount not to exceed the amount calculated pursuant to the definition of Subordinated Principal Distribution Amount actually received or advanced for such Distribution Date (with respect such amount to be allocated first from amounts calculated pursuant to (i) and (ii) and then (iii) of the definition of Subordinated Principal Distribution Amount; (4) On each Distribution Date, after making the distributions described in Section 4.02(a)(2) and Section 4.02(a)(3), Available Funds remaining from each Loan Group in Aggregate Loan Group II will be distributed to the Group C-B, Class AR and Class AR-L Certificates, before II Senior Certificates to the related Credit Support Depletion extent provided in Section 4.03. (5) On each Distribution Date, Available Funds from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 1 remaining after giving effect making the distributions described in Section 4.02(a)(1) will be distributed to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) aboveGroup I Subordinated Certificates, subject to Sections 4.01(B) and 4.01(Cparagraph 4.02(e) below, and further subject to any payments to in the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06following order of priority: (iA) first, to the Class CI-B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class CI-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (iiiC) third, to the Class CI-B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class CI-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (vE) fifth, to the Class CI-B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class CI-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (viiG) seventh, to the Class CI-B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class CI-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (ixI) ninth, to the Class CI-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class CI-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (xiK) eleventh, to the Class CI-B-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date;; and (xiiL) twelfth, to the Class CI-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B6) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Available Funds from Aggregate Loan Group for such Distribution Date; II remaining after making the distributions described in Section 4.02(a)(2), Section 4.02(a)(3) and (iiSection 4.02(a)(4) (Awill be distributed to the Group II Subordinated Certificates, subject to paragraph 4.02(e) after below, in the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess following order of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagpriority:

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A1), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A1)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator shall determine withdraw the amounts related Group Available Funds, (to be distributed the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to written instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Subsidiary and Middle REMIC Regular Interests, as provided in Section 4.02(h), and then to distributions on the Certificates in the following order and priority and, in each Class case, to the extent of Certificates as follows:such Group Available Funds, subject to adjustment in accordance with Sections 4.02(b), 4.02(d) and 4.02(e): (ai) with With respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Group 1 Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, Funds; with respect to the Group 2 Certificates, from the Group 2 Available Funds; with respect to the Class PO Certificates, from the Group 1 Certificates entitled Available Funds; with respect to interestthe Class A-X Certificates, from the Group 2 Available Funds; and with respect to the Subordinate Certificates, from the Group 1 Available Funds and Group 2 Available Funds, as follows: first, concurrently, (A) concurrently, to each Class of Group 1 Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; provided, that prior to the Class 1-A-3 Accretion Termination Date, an amount equal to the amount that would otherwise be distributable in respect of Accrued Certificate Interest Distribution to the Class 1-A-3 Certificates pursuant to this provision (the “Class 1-A-3 Accrual Amount”) will instead be distributed as principal in accordance with Section 4.02(c); and (B) to each Class of Group 2 Certificates and the Class A-X Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; in each case ((A) and (B) of this paragraph), any shortfall being shall be allocated pro rata among such Classes described in the related paragraph in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; andand second, concurrently, (iiA) secondto the extent of remaining Group 1 Available Funds, to the Group 1 Certificates entitled and the Class PO Certificates, concurrently, as follows: (1) up to principal, the amount of the Senior Optimal Principal Distribution Amount for Loan Collateral Group 1, in the following order of priority; (A) first1 for such Distribution Date, to the Group 1 Certificates, sequentially, as follows (provided, that, on each Distribution Date on or after the Cross-Over Date, up to the amount of the Senior Optimal Principal Amount for Collateral Group 1 for such Distribution Date, will be distributed to each Class AR and Class AR-L of Group 1 Certificates, pro rata based on rata, according to Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second; and provided further, that any principal distributed to the Class 1-A-1, Class A-5 Certificates on any Distribution Date pursuant to this clause (2) will be allocated to Component 1-A-2A-5-1, Class Component 1-A-3 A-5-2, Component 1-A-5-3 and Component 1-A-5-4, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date): (a) first, to the Class A-LR and Class 1A-A-6 UR Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Class 1-A-4 and Class 1-A-5 Certificates, the Senior Group 1 Priority Principal Distribution Amount for Loan Group 2Amount, in the following order of prioritypro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (Ac) firstthird, to the Class 21-A-4A-1 Certificates, in an amount on each Distribution Date up to the Group 2 Priority Amountexcess, if any, of (a) $1,000 over (b) any amounts distributed to the Class 1-A-1 Certificates on such Distribution Date pursuant to section 4.02(c)(i) below, until its Class Principal Balance is reduced to zero; (Bd) secondfourth, to the Class 21-A-2 Certificates, in an amount on each Distribution Date up to the excess, if any, of (a) $798,000 over (b) any amounts distributed to the Class 1-A-2 Certificates on such Distribution Date pursuant to section 4.02(c)(ii) below, until its Class Principal Balance is reduced to zero; (e) fifth, to the Class 1-A-1 Certificates, until its Class Principal Balance is reduced to zero; (Cf) thirdsixth, to the Class 21-A-3 A-2 Certificates, until its Class Principal Balance is reduced to zero; (Dg) fourthseventh, to the Class 21-A-2 A-3 Certificates, until its Class Principal Balance is reduced to zero; and (h) eighth, concurrently, to the Class 1-A-4 and Class 21-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2006-2), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2006-2)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Collateral Allocation Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided howeverthat prior to the Accrual Termination Date, that for the purposes Accrual Amount shall be distributed as provided in Section 4.02(a)(1)(ii); (ii) [reserved]; (iii) concurrently, to the Classes of distributions Group 1 Senior Certificates as follows: (A) to the Class A-X PO Certificates pursuant the related PO Formula Principal Amount until its Class Certificate Balance is reduced to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rulezero; and (iiB) secondon each Distribution Date, the Non-PO Formula Principal Amount up to the Group 2 Certificates, amount of the related Senior Principal Distribution Amount for Loan Collateral Allocation Group 2, 1 for such Distribution Date will be distributed in the following order of priority;: (A) first, 1. to the Class 2A-A-4, the Group 2 Priority AmountR Certificates, until its Class Principal Certificate Balance is reduced to zero; (B) second2. concurrently, to the Class 21-A-1 and Class 1-A-4 Certificates, pro rata, the Group 1 Priority Amount, until its their respective Class Principal Balance is Certificate Balances are reduced to zero; (C) third3. sequentially, to the Class 21-A-2 and Class 1-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balancesin that order, until their respective Class Principal Balances Certificate Balance are reduced to zero; and (E) fifth4. concurrently, to the Class 21-A-1 and Class 1-A-4 Certificates, pro rata, without regard to the Group 1 Priority Amount, until its their respective Class Principal Balance is Certificate Balances are reduced to zero; (civ) with respect to Group 3 and the Class A-X PO Certificates, before any related Class PO Deferred Amount, up to an amount not to exceed the related Credit Support Depletion amount calculated pursuant to the definition of Subordinated Principal Distribution Amount for Collateral Allocation Group 1 actually received or advanced for such Distribution Date (with such amount to be allocated first from amounts calculated pursuant to (i) and (ii) and then (iii) of the definition of Subordinated Principal Distribution Amount for Collateral Allocation Group 1; (2) On each Distribution Date, the Trustee shall withdraw the Available Funds for Collateral Allocation Group 2 from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the extent of related Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) belowFunds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 3 Certificates and the Class A-X 2 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, provided that prior to the Class 5-A-2 and Class 5-A-3 CertificatesAccrual Termination Date, the Senior Principal Distribution Accrual Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to shall be distributed as provided in Section 4.01(A)(a4.02(a)(2)(ii), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero[reserved]; (iii) thirdconcurrently, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount Classes of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Senior Certificates as follows: (iA) first[reserved]; and (B) on each Distribution Date, concurrentlythe Principal Amount, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion up to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the related Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Distribution Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates distributed as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A14cb), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A14cb)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I and Group II and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group 1 I Certificates entitled to interestand the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group I Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group I Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 1I remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above to the Group I Certificates, the Group I Senior Principal Distribution Amount, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance has been reduced to zero;; and (B) second, to the Class 1I-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1I-A-6 A-2 Certificates, pro rata based on Class Principal BalancesBalance, until their respective Class class Principal Balances are have been reduced to zero;. (b) with respect to the Group 2 and Class A-X II Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowII: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group 2 II Certificates and Class A-X Certificatesthe Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group II Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the or Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority II Excess Interest Amount, until its Class Principal Balance is reduced to zero; (B) secondas applicable, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 5II remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, to the Class II-A-1, Class II-A-2 and Class II-A-3 Certificates, pro rata based on Class Principal Balances, the Group II Senior Principal Distribution Amount, until their respective Class Principal Balances are have been reduced to zero;. (fc) with respect to the Group C-B, B and Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 I and Loan Group 5 II remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (dSections 4.01(I)(A)(a) and (eb) above, subject to Sections 4.01(B4.01(I)(B) and 4.01(C(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 I and Group 5 II Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net unreimbursed Realized Losses for such previously allocated to that Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(e)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for I and Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);II. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1I, Group 2, Group 3, Group 4, Group 5, II and Group C-BB Certificates and for each of the Group I, Class A-X and Class C-X Certificates Group II Excess Interest Amounts shall be reduced by the Trust Administrator by, by the related Class’s ’ or Excess Interest Amounts’ pro rata share (based on the amount of the Interest Distribution Amount for each such Class or Excess Interest Amount before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group I or Group II Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup I or Group II Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group I or Group II Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group I or Group II Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Group C-B Certificates with respect to Loan Group I or Loan Group II such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Group C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Group C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Group C-B Certificates, pro rata, based upon their respective Class Principal Balances. (II) With respect to the Group III Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) to the Class III-A-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (ii) to the Class III-M 1 Certificates, Current Interest for such Class and such Distribution Date; (iii) to the Class III-M 2 Certificates, Current Interest for such Class and such Distribution Date; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group III for such date in the following order of priority: (i) to the Class III-A-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class III-M 1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class III-M 2 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(b)(i) through (iii) above. (c) On each Distribution Date (A) on or after the Stepdown Date and (B) with respect to which a Trigger Event is not in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group III for such date in the following order of priority: (i) to the Class III-A-1 Certificates, the Group III Senior Principal Payment Amount, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class III-M 1 Certificates, the Class III-M-1 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class III-M 2 Certificates, the Class III-M-2 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(c)(i) though (iii) above. (d) On each Distribution Date, the Trust Administrator shall distribute the Monthly Excess Cashflow for such date in the following order of priority: (A) until the aggregate Class Principal Balance of the Group III Certificates, other than the Class III-X Certificates, equals the Aggregate Loan Group Balance of Loan Group III for such Distribution Date minus the Targeted Overcollateralization Amount for such date, on each Distribution Date (x) prior to the Stepdown Date or (y) with respect to which a Trigger Event is in effect, to the extent of Monthly Excess Interest for such Distribution Date, to the Group III Certificates, in the following order of priority: 1. to the Class III-A-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; 2. to the Class III-M 1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and 3. to the Class III-M 2 Certificates, until the Class Principal Balance of such Class has been reduced to zero. (B) on each Distribution Date (x) on or after the Stepdown Date and (y) with respect to which a Trigger Event is not in effect, to fund any principal distributions required to be made on such Distribution Date set forth above in Section 4.01(II)(c) above, after giving effect to the distribution of the Principal Payment Amount for Loan Group III for such Distribution Date, in accordance with the priorities set forth therein; (ii) to the Class III-A-1 Certificates, any Basis Risk Shortfall due and owing for such Class; (iii) to the Class III-M-1 Certificates, any Basis Risk Shortfall due and owing for such Class; (iv) to the Class III-M-2 Certificates, any Basis Risk Shortfall due and owing for such Class; (v) to the Class III-M 1 Certificates, first, any Carryforward Interest and then any Deferred Amount for such Class; (vi) to the Class III-M 2 Certificates, first any Carryforward Interest and then any Deferred Amount for such Class; (vii) to the Basis Risk Reserve Fund, any Required Basis Risk Reserve Fund Deposit; (viii) to the Class III-X Certificates, the Class III-X Distributable Amount for such Distribution Date together with any amounts withdrawn from the Basis Risk Reserve Fund for distribution to such Class III-X Certificates pursuant to Sections 4.07(b) and (e); and (ix) to the Class AR Certificates, any remaining amount; provided, however that any amount that would be distributable pursuant to this priority (ix) shall not be paid with respect to the Class AR Certificates but shall be paid instead with respect to the Class III-X Certificates pursuant to a contract that exists under this Agreement between the Class AR Certificateholders and the Class III-X Certificateholders.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (CSFB Mort Sec Corp Mort Backed Pass THR Certs Ser 2003 Ar5), Pooling and Servicing Agreement (CSFB Mort Sec Corp Mort Backed Pass THR Certs Ser 2003 Ar5)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) firstconcurrently, to the each interest-bearing Class of Group 1 Certificates entitled to interestSenior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided that the amount otherwise distributable on the related portion of the Class A-X-2 IO component shall be deposited in the Carryover Shortfall Reserve Fund to the extent required by Section 4.07; (ii) [reserved]; (iii) concurrently, to the Classes of Group 1 Senior Certificates as follows: (A) [reserved]; and (iiB) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in up to the following order amount of priority; (A) firstthe related Senior Principal Distribution Amount for such Distribution Date will be distributed, sequentially, to the Class AR A-R Certificates, Class 1-A-1 Certificates and Class ARA-L CertificatesX-2 PO-1 Component, pro rata based on Class Principal Balancesin that order, until their respective Class Certificate Balances or Component Principal Balances Balance, as applicable, are reduced to zero;. (Biv) second[reserved]. (2) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 2 from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowFunds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; , provided however, that for the purposes of distributions to amount otherwise distributable on the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a related portion of the Class A-X Notional Amount derived from X-2 IO component shall be deposited in the Group 2 Mortgage Loans will be used Carryover Shortfall Reserve Fund to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; andextent required by Section 4.07; (ii) second[reserved]; (iii) concurrently, to the Classes of Group 2 CertificatesSenior Certificates as follows: (A) [reserved]. (B) the Principal Amount for Loan Group 2, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, sequentially, to the following Classes of Certificates and Component in the following order of priority: first, concurrently, to the Class 2-A-1, Class 2-A-2A and Class 2-A-2B Certificates, pro rata by outstanding Class Certificate Balance, until their respective Class Certificate Balances are reduced to zero; and second, to the Class A-X-2 PO-2 Component, until its Component Principal Balance is reduced to zero. (3) On each Distribution Date, after making the distributions described in Section 4.02(a)(1) and Section 4.02(a)(2), to each Class of LIBOR Certificates, any Carryover Shortfall Amounts only to the extent of amounts in the Carryover Shortfall Reserve Fund, as described in Section 4.07 and, with respect to only the Class 1-A-1, Class 2-A-1, Class 2-A-2A and Class 2-A-2B Certificates, amounts on deposit in the related Yield Maintenance Reserve Fund, as described in Section 3.06. (4) On each Distribution Date, after making the distributions described in Section 4.02(a)(1), Section 4.02(a)(2) and Section 4.02(a)(3), Available Funds from each Loan Group 2remaining will be distributed to the Senior Certificates to the extent provided in Section 4.03. (5) On each Distribution Date, Available Funds from both Loan Groups remaining after making the distributions described in Section 4.02(a)(1), Section 4.02(a)(2), Section 4.02(a)(3) and Section 4.02(a)(4) will be distributed to the Subordinated Certificates, the Class P Certificates and the Class A-R Certificates, subject to paragraph 4.02(e) below, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Indymac Index Mortgage Loan Trust 2004-Ar10), Pooling and Servicing Agreement (Indymac Indx Mortgage Loan Trust 2004-Ar8)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds from the Distribution Account and apply such funds to be distributed to distributions on the Certificates in the following order and priority and, in each Class of Certificates as follows: (a) with respect case, to the Group 1 Certificates, before the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and each interest-bearing Class A-X of Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided howeverthat prior to the Accrual Termination Date, that for the purposes Accrual Amount shall be distributed as provided in Section 4.02(a)(ii); (ii) [reserved]; (iii) concurrently, to the Classes of distributions Senior Certificates as follows: (A) to the Class A-X PO Certificates pursuant an amount allocable to this Section 4.01(A)(b)(i), only a portion of the PO Formula Principal Amount up to the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction RuleCertificate Balance thereof; and (iiB) second, on each Distribution Date prior to the Group 2 CertificatesSenior Credit Support Depletion Date, the Non-PO Formula Principal Amount up to the amount of the Senior Principal Distribution Amount for Loan Group 2such Distribution Date will be distributed, in the following order of priority;sequentially, as follows: (Aa) first, to the Class 2A-A-4, the Group 2 Priority AmountR Certificates, until its Class Principal Certificate Balance is reduced to zero; (Bb) second, concurrently (i) 20% to the Class 2-A-1 A-3 Certificates, until its Class Principal Certificate Balance is reduced to zero; and (ii) 80%, sequentially, in the following order of priority: (a) to the Class A-6 Certificates, the Priority Amount, until its Class Certificate Balance is reduced to zero; (Cb) thirdsequentially, to the Class 2-A-3 A-1 and Class A-2 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balancesin that order, until their respective Class Principal Certificate Balances are reduced to zero; and (Ec) fifth, to the Class 2-A-4 A-6 Certificates, without regard to the Priority Amount, until its Class Principal Certificate Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (IndyMac MBS, Inc. Residential Asset Securitization Trust 2004-A7), Pooling and Servicing Agreement (IndyMac MBS, Inc. Residential Asset Securitization Trust 2004-A7)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator shall determine withdraw the amounts related Group Available Funds, (to be distributed the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to written instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Subsidiary and Middle REMIC Regular Interests, as provided in Section 4.02(h), and then to distributions on the Certificates in the following order and priority and, in each Class case, to the extent of Certificates as follows:such Group Available Funds, subject to adjustment in accordance with Sections 4.02(b), 4.02(d) and 4.02(e): (ai) with With respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Group 1 Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, Funds; with respect to the Group 2 Certificates, from the Group 2 Available Funds; with respect to the Class PO Certificates, from the Group 1 Certificates entitled Available Funds; with respect to interestthe Class A-X Certificates, from the Group 2 Available Funds; and with respect to the Subordinate Certificates, from the Group 1 Available Funds and Group 2 Available Funds, as follows: first, concurrently, (A) concurrently, to each Class of Group 1 Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; provided, that prior to the Class 1-A-3 Accretion Termination Date, an amount equal to the amount that would otherwise be distributable in respect of Accrued Certificate Interest Distribution to the Class 1-A-3 Certificates pursuant to this provision (the “Class 1-A-3 Accrual Amount”) will instead be distributed as principal in accordance with Section 4.02(c); and (B) to each Class of Group 2 Certificates and the Class A-X Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; in each case ((A) and (B) of this paragraph), any shortfall being shall be allocated pro rata among such Classes described in the related paragraph in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; andand second, concurrently, (iiA) secondto the extent of remaining Group 1 Available Funds, to the Group 1 Certificates entitled and the Class PO Certificates, concurrently, as follows: (1) up to principal, the amount of the Senior Optimal Principal Distribution Amount for Loan Collateral Group 1, in the following order of priority; (A) first1 for such Distribution Date, to the Group 1 Certificates, sequentially, as follows (provided, that, on each Distribution Date on or after the Cross-Over Date, up to the amount of the Senior Optimal Principal Amount for Collateral Group 1 for such Distribution Date, will be distributed to each Class AR and Class AR-L of Group 1 Certificates, pro rata based on rata, according to Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second; and provided further, that any principal distributed to the Class 1-A-1, Class A-5 Certificates on any Distribution Date pursuant to this clause (2) will be allocated to Component 1-A-2A-5-1, Class Component 1-A-3 A-5-2, Component 1-A-5-3 and Component 1-A-5-4, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date): (a) first, to the Class A-LR and Class 1A-A-6 UR Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 21-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 A-4 and Class 21-A-5 Certificates, the Group 1 Priority Principal Distribution Amount, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and; (Ec) third, to the Class 1-A-1 Certificates, in an amount on each Distribution Date up to the excess, if any, of (a) $1,000 over (b) any amounts distributed to the Class 1-A-1 Certificates on such Distribution Date pursuant to section 4.02(c)(i) below, until its Class Principal Balance is reduced to zero; (d) fourth, to the Class 1-A-2 Certificates, in an amount on each Distribution Date up to the excess, if any, of (a) $798,000 over (b) any amounts distributed to the Class 1-A-2 Certificates on such Distribution Date pursuant to section 4.02(c)(ii) below, until its Class Principal Balance is reduced to zero; (e) fifth, to the Class 21-A-4 A-1 Certificates, until its Class Principal Balance is reduced to zero; (cf) with respect sixth, to Group 3 and the Class A1-X A-2 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating until its Class Principal Balance is reduced to Loan Group 3, subject to Section 4.01(B) below:zero; (ig) firstseventh, to the Class 1-A-3 Certificates, until its Class Principal Balance is reduced to zero; and (h) eighth, concurrently, to the Group 3 Certificates and the Class A1-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 A-4 and Class 31-A-3 A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d2) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Class PO Certificates, an amount allocable to interest principal equal to the related Interest PO Principal Distribution Amount; andAmount for Collateral Group 1, until its respective Class Principal Balance is reduced to zero; (iiB) secondto the extent of remaining Group 2 Available Funds, up to the amount of the Senior Optimal Principal Amount for Collateral Group 2 for such Distribution Date, to the Class 42-A-2 A-1 and Class 42-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4pro rata, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect ; third, only on any Distribution Date on or prior to the Group 5 and Cross-Over Date, to the Class C-X PO Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to any PO Recoveries for that Distribution Date for Collateral Group 1 will reduce the Group 5 1 PO Deferred Amount until the Group 1 PO Deferred Amount for that Distribution Date has been reduced to zero and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, from the remaining Group 1 Available Funds, up to the remaining Group 1 PO Deferred Amount for that Distribution Date; provided, however, that on any Distribution Date (1) any payments pursuant to clause (ii) of this priority third in respect of the PO Deferred Amounts shall not exceed the Aggregate Subordinate Optimal Principal Amount for such Distribution Date and shall be payable from the Aggregate Subordinate Optimal Principal Amount, first, from the amounts in clause (i) of the definition “Subordinate Optimal Principal Amount,” second, from amounts in clause (ii) of the definition thereof and third, from amounts in clause (iii) of the definition thereof and (2) any distribution to the Class 5-A-2 and PO Certificates pursuant to this Section 4.02(a)(i) third shall not reduce the Class 5-A-3 Principal Balance of the Class PO Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (f3) with respect no distribution will be made to the Group CClass PO Certificates of any such PO Deferred Amounts after the Cross-BOver Date; fourth, Class AR and Class AR-L Certificates, before to the related Credit Support Depletion Date, Subordinate Certificates from the remaining Group Available Distribution Amount relating to Loan Funds for each Collateral Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to in the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) aboveaggregate, subject to Sections 4.01(BSection 4.02(b) and 4.01(C) below4.02(d), and further subject to any payments to in the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06following order of priority: (iA) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (iiiC) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (vE) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (viiG) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (ixI) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (xiK) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (xiiL) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (xiii) thirteenth; and fifth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06LR Certificate, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed funds in the absence of such shortfall; providedSubsidiary REMIC, that for the purposes of distributions and to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i)UR Certificate, only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) secondany remaining funds in each remaining REMIC. On any Distribution Date, to the extent the Amount Available for Group 3 1 Principal is insufficient to make the full distribution required to be made pursuant to clause (i), priority second sub-clause (A) above, (x) the amount distributable on the Class PO Certificates entitled in respect of principal pursuant to principalsuch clause (i), priority second sub-clause (A) above shall be equal to the product of (1) the Amount Available for Group 1 Principal and (2) a fraction, the Senior numerator of which is the PO Principal Distribution Amount for Loan Collateral Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances 1 and the denominator of which is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions sum of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior PO Principal Distribution Amount for Loan Collateral Group 4, as principal, pro rata based 1 and the Senior Optimal Principal Amount for Collateral Group 1 and (y) the amount distributable on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 1 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any in respect of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will principal shall be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to product of (1) the amount Amount Available for Group 1 Principal and (2) a fraction, the numerator of which is the Senior Optimal Principal Amount for Collateral Group 1 and the denominator of which is the sum of the Interest Distribution Senior Optimal Principal Amount that would have been distributed in for Collateral Group 1 and the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior PO Principal Distribution Amount for Loan Collateral Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and1. (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bb) On each Distribution Date, the amount referred to in clause (i) of the definition of Accrued Certificate Interest Distribution Amount for each Class of Certificates (other than the Class PO Certificates) shall be reduced by (i) the related Class’s pro rata share of Net Prepayment Interest Shortfalls with respect to the Mortgage Loans in the related Collateral Group or Collateral Groups, based on such Class’ Accrued Certificate Interest for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X without taking into account such Net Prepayment Interest Shortfalls and Class C-X Certificates shall be reduced by the Trust Administrator by, (ii) the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)Class’ pro rata share without taking into account any such reduction) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, Date with respect to each Mortgage Loan in a the related Loan Collateral Group or Collateral Groups, that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, Date with respect to each MortgagMortgage Loan in the related Collateral Group or Collateral Groups that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Deficient Valuation, (C) each Relief Act Reduction incurred on a Mortgage Loan in the related Collateral Group or Collateral Groups, during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date with respect to each Mortgage Loan in the related Collateral Group or Collateral Groups that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month’s interest at the related Net Mortgage Rate on the Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction in the amount referred to in clause (i) of the definition of Accrued Certificate Interest for each Class of Subordinate Certificates in respect of any Collateral Group (other than Collateral Group 2), such reduction shall be based upon the amount of interest accruing at the Required Coupon for such Collateral Group, and with respect to Collateral Group 2, shall be based upon the amount of interest accruing at a rate of 7.50% per annum, in each case, based on, on such Class’ proportionate share, based on Class Principal Balance, of the related Group Subordinate Amount for that Distribution Date. (c) On each Distribution Date occurring prior to the Class 1-A-3 Accretion Termination Date, the Class 1-A-3 Accrual Amount, if any, will be distributed as principal, sequentially, as follows: (i) first, to the Class 1-A-1 Certificates, in an amount up to $1,000 on each Distribution Date, until its Class Principal Balance is reduced to zero; (ii) second, to the Class 1-A-2 Certificates, in an amount up to $798,000 on each Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class 1-A-1 Certificates, until its Class Principal Balance is reduced to zero; (iv) fourth, to the Class 1-A-2 Certificates, until its Class Principal Balance is reduced to zero; and (v) fifth, to the Class 1-A-3 Certificates, until its Class Principal Balance is reduced to zero. (d) Notwithstanding the priority and allocation contained in Section 4.02(a)(i) priority fourth, if with respect to any Class of Subordinate Certificates on any Distribution Date, such Class has not satisfied the related Class Prepayment Distribution Trigger, no distribution of amounts pursuant to clauses (ii) and (iii) of the definition of the Subordinate Optimal Principal Amount will be made to any such Classes (the “Restricted Classes”) and the amount of such amounts pursuant to clauses (ii) and (iii) of the definition of the applicable Subordinate Optimal Principal Amount otherwise distributable to the Restricted Classes shall be distributed to any Classes of Subordinate Certificates, which are not Restricted Classes, having lower numerical Class designations than such Class, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date. The calculation of any amount to be distributed under this Section 4.02(d) shall be made by the Master Servicer. (e) On each Distribution Date, after application of Group 1 Available Funds and Group 2 Available Funds in accordance with Section 4.02(a)(i) items first and second, the Trust Administrator shall effect cross-collateralization among each Certificate Group in the following priority: (i) Subject to Section 4.02(b), to the extent any Accrued Certificate Interest with respect to any Class of Senior Certificates (other than the related Class of Class PO Certificates) remains unpaid after application of Group Available Funds for the related Collateral Group in accordance with Section 4.02(a)(i) items first and second, Group Available Funds for each of such Collateral Groups remaining after payments on the related Senior Certificates (other than the related Class of Class PO Certificates) shall be applied to cover such unpaid Accrued Certificate Interest, and shall be applied pro rata based on the amounts of such unpaid Accrued Certificate Interest to the extent there are insufficient funds to pay such amounts in full. (ii) Prior to the Cross-Over Date, to the extent any PO Deferred Amount has not been paid from Group Available Funds for any Collateral Group, the available Subordinate Principal Distribution Amount for the Subordinate Certificates shall be applied to pay any such PO Deferred Amount. (iii) If on any Distribution Date, one or more of Certificate Groups is an Undercollateralized Group, the available Subordinate Principal Distribution Amount for the Subordinate Certificates shall be paid to such Undercollateralized Group or Groups as principal to the Senior Certificates

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2006-2), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2006-2)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts related Group Available Funds (to be distributed the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to the statement prepared by the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Lower-Tier REMIC Regular Interests, as provided in Section 4.02(f), second to distributions in respect of the Middle-Tier REMIC Regular Interests as provided in Section 4.02(g), and then to distributions on the Certificates in the following order and priority and, in each Class case, to the extent of Certificates as follows:such Group Available Funds, subject to adjustment in accordance with Section 4.02(e): (ai) With respect to the Group 1 Certificates from the Group 1 Available Funds; with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and 2 Certificates from the Group 2 Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, Funds; with respect to the Group 3 Certificates from the Group 3 Available Funds; with respect to the Group 4 Certificates from the Group 4 Available Funds; with respect to the Group 5 Certificates from the Group 5 Available Funds; and with respect to the Group 6 Certificates from the Group 6 Available Funds, as follows: first, concurrently, (A) to the Class of Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Accrued Certificate Interest; (B) to each Class of Group 2 Certificates, pro rata, an amount allocable to interest equal to the related Accrued Certificate Interest; (C) to each Class of Group 3 Certificates, pro rata, an amount allocable to interest equal to the related Accrued Certificate Interest; (D) to each Class of Group 4 Certificates, pro rata, an amount allocable to interest equal to the related Accrued Certificate Interest; (E) to each Class of Group 5 Certificates, pro rata, an amount allocable to interest equal to the related Accrued Certificate Interest; and (F) to the Class of Group 6 Certificates, an amount allocable to interest equal to the related Accrued Certificate Interest Distribution Amount; in each case ((A) through (F) of this paragraph), any shortfall being shall be allocated pro rata among such Classes in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; andand second, concurrently, (iiA) secondto the extent of remaining Group 1 Available Funds, to the Group 1 Certificates entitled Class 1-A-1 Certificates, up to principal, the amount of the Senior Optimal Principal Distribution Amount for Loan Group 11 for such Distribution Date, in the following order of priority; (A) first, to until the Class AR and Principal Balance of each such Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are has been reduced to zero; (B) to the extent of remaining Group 2 Available Funds, first, to the Class A-LR and Class A-R Certificates, pro rata, and second, to the Class 12-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 A-1 Certificates, pro rata based on up to the amount of the Senior Optimal Principal Amount for Loan Group 2 for such Distribution Date, until the Class Principal Balances, until their respective Balance of such Class Principal Balances are has been reduced to zero; (bC) with respect to the extent of remaining Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the 3 Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrentlyFunds, to the Group 2 Class 3-A-1, Class 3-A-2 and Class A3-X A-3 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion rata, up to the amount of the Interest Senior Optimal Principal Amount for Loan Group 3 for such Distribution Amount that would have Date, until the Class Principal Balance of each such Class has been distributed in reduced to zero; (D) to the absence extent of such shortfall; provided howeverremaining Group 4 Available Funds, that for the purposes of distributions to the Class A4-X Certificates pursuant A-1 and Class 4-A-2 Certificates, pro rata, up to this Section 4.01(A)(b)(i), only a portion the amount of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Senior Optimal Principal Amount for any Loan Group 4 for such Distribution Date on or before Date, until the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with Principal Balance of each such Class has been reduced to zero; (E) to the extent of remaining Group 5 Available Funds, to the Class 25-A-2/2-A-5 Accretion Direction RuleA-1 Certificates, up to the amount of the Senior Optimal Principal Amount for Loan Group 5 for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; and (iiF) secondto the extent of remaining Group 6 Available Funds, to the Group 2 Class 6-A-1 Certificates, up to the amount of the Senior Optimal Principal Distribution Amount for Loan Group 26 for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Subordinate Certificates, subject to Section 4.02(e), in the following order of priority;: (A) firstfrom the remaining Available Funds for all Loan Groups in the aggregate, (1) to the Class 2B-1 and Class B-1-A-4X Certificates, pro rata, the Group 2 Priority Amountapplicable Accrued Certificate Interest for that Distribution Date and (2) to the Class B-1 Certificates', its Allocable Share for that Distribution Date until its the Class Principal Balance is reduced to zero; (B) secondfrom the remaining Available Funds for all Loan Groups in the aggregate, to the Class B-2 Certificates in the following order: (1) the Accrued Certificate Interest on the Class B-2 Certificates for that Distribution Date and (2-A-1 ) the Class B-2 Certificates, ' Allocable Share for that Distribution Date until its the Class Principal Balance is reduced to zero; (C) thirdfrom the remaining Available Funds for all Loan Groups in the aggregate, to the Class B-3 Certificates in the following order: (1) the Accrued Certificate Interest on the Class B-3 Certificates for that Distribution Date and (2-A-3 ) the Class B-3 Certificates, ' Allocable Share for that Distribution Date until its the Class Principal Balance is reduced to zero; (D) fourthfrom the remaining Available Funds for all Loan Groups in the aggregate, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based B-4 Certificates in the following order: (1) the Accrued Certificate Interest on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class B-4 Certificates for that Distribution Date and (2-A-4 ) the Class B-4 Certificates, ' Allocable Share for that Distribution Date until its the Class Principal Balance is reduced to zero; (cE) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the remaining Available Distribution Amount relating to Funds for all Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed Groups in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) secondaggregate, to the Class 4-A-2 and B-5 Certificates in the following order: (1) the Accrued Certificate Interest on the Class 4-A-3 Certificates, the Senior Principal B-5 Certificates for that Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B(2) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 B-5 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata ' Allocable Share for such that Distribution Date, Date until its the Class Principal Balance is reduced to zero; (iiiF) thirdfrom the remaining Available Funds for all Loan Groups in the aggregate, to the Class C-B-2 Certificates, an amount allocable to interest equal to B-6 Certificates in the following order: (1) the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to on the Class C-B-2 B-6 Certificates for that Distribution Date and (2) the Class B-6 Certificates, an amount allocable to principal equal to its Pro Rata ' Allocable Share for such that Distribution Date, Date until its the Class Principal Balance is reduced to zero; (vG) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X LR Certificates pursuant any remaining portion (which is expected to this Section 4.01(A)(h)(i), only the portion be zero) of the Class AAvailable Funds in the Lower-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Tier REMIC for that Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zeroDate; and (iiiH) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X R Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, portion (which is expected to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (jbe zero) On or after the related Credit Support Depletion Date, distributions of the Available Funds in the Middle-Tier REMIC and the Upper-Tier REMIC, for that Distribution Amount for Loan Group 4 will Date. Pro rata distributions of interest among Classes of Certificates are required to be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the then-current amount of interest to which the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro applicable Classes are entitled. Pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will principal among Classes of Certificates are required to be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount then current Certificate Principal Balance of the Interest Distribution Amount that would have been distributed in the absence of such shortfall;applicable Classes. (iib) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[Reserved]. (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bc) On each Distribution Date, the amount referred to in clause (i) of the definition of Accrued Certificate Interest Distribution Amount for each Class of Senior Certificates and Subordinate Certificates for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, (i) the related Class’s ' pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by with respect to the Mortgage Loans in a the related Loan Group or Loan Groups, based on such Class' Accrued Certificate Interest for such Distribution Date; Date without taking into account such Net Prepayment Interest Shortfalls and (ii) the related Class' Pro Rata Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group or Loan Groups, that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Net Mortgage Rate on the Stated Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan in the related Loan Group or Loan Groups that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Deficient Valuation, (C) each Relief Act Reduction incurred on a Mortgage Loan in the related Loan Group or Loan Groups, during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date with respect to each Mortgage Loan in the related Loan Group or Loan Groups that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month's interest at the related Net Mortgage Rate on the Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (d) Notwithstanding the priority and allocation contained in Section 4.02(a)(ii)(A) through (F), if with respect to any Class of Subordinate Certificates (other than the Class B-1-X Certificates) on any Distribution Date, (I) such Class has not satisfied the related Class Prepayment Distribution Trigger, no distribution of amounts pursuant to clauses (ii) and (iii) of the definition of Subordinate Optimal Principal Amount will be made to any such Classes (the "Restricted Classes") and the amount of such amounts pursuant to clauses (ii) and (iii) of the definition of Subordinate Optimal Principal Amount otherwise distributable to the Restricted Classes shall be distributed to any Classes of Subordinate Certificates (other than the Class B-1-X Certificates), that are not Restricted Classes, having lower numerical Class designations than such Class, pro rata, based on their respective Class Principal Balances immediately prior to such Distribution Date and shall be distributed in the sequential order provided in Section 4.02(a)(ii)(A) through (F); provided, however, that, if all of the Subordinate Certificates (other than the Class B-1-X Certificates) are Restricted Classes, then such amounts shall be distributed to the most senior Class of such Subordinate Certificates outstanding and (II) such Class has not satisfied the Subordinate Certificates Fractional Interest Test, the Classes of Subordinate Certificates (other than the Class B-1-X Certificates) that have higher numerical designations shall receive, in respect of clauses (ii) and (iii) of the definition of Subordinate Optimal Principal Amount, an amount equal to the product of (i) their pro rata shares (based on the Certificate Principal Balances of all Subordinate Certificates that are entitled to receive principal distributions on such date) and (ii) the percentages set forth in the following table:

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2004-1), Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2004-1)

Priorities of Distribution. (A1) On With respect to the Available Funds for Loan Group 1, on each Distribution Date, the Trust Administrator Trustee shall determine withdraw such Available Funds from the amounts Distribution Account and apply such funds to be distributed to distributions on the specified Classes of Senior Certificates in the related Senior Certificate Group in the following order and priority and, in each Class of Certificates as follows: (a) with respect case, to the extent of Available Funds for Loan Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowremaining: (i) firstconcurrently, to the Group 1 each interest-bearing Class and Component of Senior Certificates entitled to interestin such Senior Certificate Group, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes and Component in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; and, provided, however, that the amount of interest otherwise distributable to the Class 1-X-1, Class 1-X-2 and Class 1-X-3 Certificates shall be deposited into the Carryover Shortfall Reserve Fund and shall be distributed in accordance with Section 4.09; (ii) secondto each Class of Senior LIBOR Certificates in the related Senior Certificate Group, the Class 1-X-1 P, Class 1-X-2 P and Class 1-X-3 P Components and the Class A-R Certificates, the related Principal Amount, up to the Group 1 Certificates entitled to principal, amount of the Senior Principal Distribution Amount for Loan Group 11 for such Distribution Date, in the following order of priority;sequentially as follows: (A) first, to the Class AR and Class ARA-L R Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Certificate Balance is reduced to zero; (B) secondconcurrently, to the Class 1-A-1, Class 1-A-2, A-2 and Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Certificate Balances are reduced to zero, and (C) concurrently, to the Class 1-X-1 P, Class 1-X-2 P and Class 1-X-3 P Components, pro rata, until their respective Component Principal Balances are reduced to zero;. (b2) with With respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Funds for Loan Group 2, subject on each Distribution Date, the Trustee shall withdraw such Available Funds from the Distribution Account and apply such funds to Section 4.01(B) belowdistributions on the specified Classes of Senior Certificates in the related Senior Certificate Group in the following order and priority and, in each case, to the extent of Available Funds for Loan Group 2 remaining: (i) first, concurrently, to the Group 2 each interest-bearing Class and Class A-X CertificatesComponent of Senior Certificates in such Senior Certificate Group, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes and Component in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided , provided, however, that for the purposes amount of distributions interest otherwise distributable to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead X Certificates shall be deposited into the Carryover Shortfall Reserve Fund and shall be distributed in accordance with Section 4.09; (ii) to each Class of Senior LIBOR Certificates in the related Senior Certificate Group and the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) secondX P Component, the related Principal Amount, up to the Group 2 Certificates, amount of the Senior Principal Distribution Amount for Loan Group 22 for such Distribution Date, in the following order of priority;sequentially as follows: (A) firstconcurrently, to the Class 2-A-4A-1, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 A-3 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Certificate Balances are reduced to zero; and (EB) fifth, to the Class 2-A-4 CertificatesX P Component, until its Class Component Principal Balance is reduced to zero;. (c3) with respect to Group 3 and the Class A-X CertificatesOn each Distribution Date, before the related Credit Support Depletion Date and Available Funds from the Available Distribution Amount relating to Loan Group 31 remaining after making the distributions described in Section 4.02(a)(1) will be distributed in the following order and priority and, subject in each case, to Section 4.01(B) belowthe extent of Available Funds for Loan Group 1 remaining: (iA) first, concurrently, to the Group 3 Certificates and the Class A1-X M-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Optimal Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class 1-M-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (C) to the Class 1-M-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (D) to the Class 1-M-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (E) to the Class 1-M-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (F) to the Class 1-M-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (G) to the Class 1-M-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (H) to the Class 1-M-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (I) to the Class 1-M-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (J) to the Class 1-M-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (K) to the Class 1-M-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (L) to the Class 1-M-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (M) to the Class 1-B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (N) to the Class 1-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (iiiO) third, to the Class C1-B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (ivP) fourth, to the Class C1-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (vQ) fifth, to the Class C1-B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viR) sixth, to the Class C1-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (viiS) seventh, to the Class C1-B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viiiT) eighth, to the Class C1-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (ixU) ninth, to the Class C1-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (xV) tenth, to the Class C1-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero;; and (xiW) eleventhto the Class A-R Certificates, any remaining funds from Loan Group 1. (4) On each Distribution Date, Available Funds from Loan Group 2 remaining after making the distributions described in Section 4.02(a)(2) will be distributed to the related Subordinated Certificates and the Class A-R Certificates in the following order and priority and, in each case, to the extent of such funds remaining: (A) to the Class C2-B-6 M-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (xiiB) twelfth, to the Class C2-B-6 M-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (xiiiC) thirteenth, to the Class C2-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X B-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of for such shortfall; provided, that Class for the purposes of distributions such Distribution Date; (D) to the Class A2-X Certificates pursuant B-1 Certificates, an amount allocable to this Section 4.01(A)(h)(i), only the portion of principal equal to its Pro Rata Share for such Distribution Date until the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Certificate Balance thereof is reduced to zero; and; (iiiE) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR2-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X B-2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of for such shortfall; provided, that Class for the purposes of distributions such Distribution Date; (F) to the Class A2-X Certificates pursuant B-2 Certificates, an amount allocable to this Section 4.01(A)(i)(i), only the portion of principal equal to its Pro Rata Share for such Distribution Date until the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances Certificate Balance thereof is reduced to zero; and; (iiiG) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR2-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 B-3 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of for such shortfallClass for such Distribution Date; (iiH) second, to the Group 4 Certificates entitled Class 2-B-3 Certificates, an amount allocable to principal, principal equal to its Pro Rata Share for such Distribution Date until the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances Certificate Balance thereof is reduced to zero; and; (iiiI) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR2-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X B-4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of for such shortfallClass for such Distribution Date; (iiJ) second, to the Group 5 Certificates entitled Class 2-B-4 Certificates, an amount allocable to principal, principal equal to its Pro Rata Share for such Distribution Date until the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances Certificate Balance thereof is reduced to zero; (K) to the Class 2-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; and (iiiL) third, after any payments to the Group 1Class 2-B-5 Certificates, Group 2, Group 3 and Group 4 Certificates pursuant an amount allocable to Section 4.06principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero. (M) to the Class A-R Certificates, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC funds from Loan Group 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (Bb) [Reserved]. (c) [Reserved]. (d) On each Distribution Date, the amount referred to in clause (i) of the definition of Class Optimal Interest Distribution Amount for each Class of Certificates or Component thereof for such Distribution Date shall be reduced by (i) the related Class' pro rata share of Net Prepayment Interest Shortfalls for the related Loan Group based on the related Class Optimal Interest Distribution Amount for such Distribution Date for each Class Date, in the absence of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) the related Class' Allocable Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group that became subject to a Special Hazard Mortgage Loan Debt Service Reduction during the prior calendar monthmonth preceding the month of such Distribution Date, the excess interest portion of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, Debt Service Reduction and (B) after each Relief Act Reduction for the Mortgage Loans in the related Bankruptcy Coverage Termination Loan Group incurred during the calendar month preceding the month of such Distribution Date. (e) Notwithstanding the priority and allocation contained in Section 4.02(a)(3) or Section 4.02(a)(4), if, on any Distribution Date, with respect to any Class of Subordinated Certificates in a Certificate Group (other than the Class of Subordinated Certificates in a Certificate Group then outstanding with the highest priority of distribution), the sum of the related Class Subordination Percentages of such Class and of all related Classes of Subordinated Certificates which have a higher numerical Class designation than such Class (the "Applicable Credit Support Percentage") is less than the Original Applicable Credit Support Percentage for such Class, no distribution of the Net Principal Prepayment Amount for the related Loan Group will be made to any such Classes (the "Restricted Classes") and the Net Principal Prepayment Amount from the related Loan Group otherwise distributable to the Restricted Classes shall be distributed to any Classes of Subordinated Certificates in the related Certificate Group having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order provided in Section 4.02(a)(3) or Section 4.02(a)(4), as applicable. (f) If Subsequent Recoveries have been received with respect to a Liquidated Mortgage Loan in a Loan Group, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Certificate Balance or Component Principal Balance of each MortgagClass of Certificates or Component thereof related to that Loan Group to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates or Component pursuant to Section 4.04. Holders of such Certificates will not be entitled to any payment in respect of the Class Optimal Interest Distribution Amount on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Certificate Balance or Component Balance of each Certificate of such Class or Component thereof.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Alternative Loan Trust 2005-17), Pooling and Servicing Agreement (Alternative Loan Trust 2005-17)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, the Group 1 Senior Principal Distribution Amount for that Distribution Date remaining after making the payments specified in clause (A) above, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1-A-6 A-2 Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 52 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, to the Class 2-A-1 and Class 2-A-2 Certificates, as principal, the Group 2 Senior Principal Distribution Amount, pro rata -106- based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;. (fc) with respect to the Group 3 Certificates, and from the Available Distribution Amount relating to Loan Group 3: (i) first, to the Group 3 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, to the Class 3-A-1 and Class 3-A-2 Certificates, as principal, the Group 3 Senior Principal Distribution Amount, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero. (d) with respect to the Group 4 Certificates, and from the Available Distribution Amount relating to Loan Group 4: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-1 and Class 4-A-2 Certificates, as principal, the Group 4 Senior Principal Distribution Amount, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero. (e) with respect to the Class C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, 3 and Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), Sections 4.01(I)(A)(a) through (d) and (e) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, 3 and Group 4 and Group 5 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(e)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3 and Loan Group 4, (to the extent that such amount is held by Subsidiary REMIC 1I), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, Loan Group 3, 3 and Loan Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1III), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X 4 and Class C-X B Certificates shall be reduced by the Trust Administrator by, by the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; Date and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group 1, Group 2, Group 3 and Group 4 Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup 1, Group 2, Group 3 or Group 4 Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group 1, Group 2, Group 3 or Group 4 Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group 1, Group 2, Group 3 or Group 4 Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Class C-B Certificates with respect to Loan Group 1, Loan Group 2, Loan Group 3 or Loan Group 4 such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’s proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Class C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Class C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Class C-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination of Loan Group 1, Loan Group 2, Loan Group 3 and Loan Group 4 in excess of the Par Value to the holder of the Class AR-L Certificate. (II) With respect to the Group 5 Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) to the Group 5 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (ii) to the Class 5-M-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iii) to the Class 5-M-2 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iv) to the Class 5-M-3 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (v) to the Class 5-M-4 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (vi) to the Class 5-M-5 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; and (vii) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 5 for such date in the following order of priority: (i) to the Class 5-A-1 Certificates and Class 5-A-2 Certificates, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero; (ii) to the Class 5-M-1 Certificates, until its Class Principal Balance has been reduced to zero; (iii) to the Class 5-M-2 Certificates, until its Class Principal Balance has been reduced to zero; (iv) to the Class 5-M-3 Certificates, until its Class Principal Balance has been reduced to zero; (v) to the Class 5-M-4 Certificates, until its Class Principal Balance has been reduced to zero; (vi) to the Class 5-M-5 Certificates, until its Class Principal Balance has been reduced to zero; and (vii) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(b)(i) through (vi) above. (c) On each Distribution Date (A) on or after the Stepdown Date and (B) with respect to which a Trigger Event is not in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 5 for such date in the following order of priority: (i) to the Class 5-A-1 Certificates and Class 5-A-2 Certificates, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, the sum of (1) the Group 5 Senior Principal Payment Amount and (2) the component of the Principal Remittance Amount representing payments, if any, under the Group 5 Interest Rate Cap Agreement to cover Realized Losses on the Group 5 Mortgage Loans, until their respective Class Principal Balances have been reduced to zero; (ii) to the Class 5-M-1 Certificates, the Class 5-M-1 Principal Payment Amount for such Distribution Date, until its Class Principal Balance has been reduced to zero; (iii) to the Class 5-M-2 Certificates, the Class 5-M-2 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (iv) to the Class 5-M-3 Certificates, the Class 5-M-3 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (v) to the Class 5-M-4 Certificates, the Class 5-M-4 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (vi) to the Class 5-M-5 Certificates, the Class 5-M-5 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (vii) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(c)(i) through (vi) above. (d) On each Distribution Date, the Trust Administrator shall distribute the Monthly Excess Cashflow for such date in the following order of priority: (i) (A) until the aggregate Class Principal Balance of the Group 5 Certificates, other than the Class 5-X Certificates, equals the Aggregate Loan Group Balance for Loan Group 5 for such Distribution Date minus the Targeted Overcollateralization Amount for such date, on each Distribution Date (x) prior to the Stepdown Date or (y) with respect to which a Trigger Event is in effect, to the extent of Monthly Excess Interest for such Distribution Date, to the Group 5 Certificates, in the following order of priority: (1) to the Class 5-A-1 Certificates and Class 5-A-2 Certificates, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero: (2) to the Class 5-M-1 Certificates, until its Class Principal Balance has been reduced to zero; (3) to the Class 5-M-2 Certificates, until its Class Principal Balance has been reduced to zero; (4) to the Class 5-M-3 Certificates, until its Class Principal Bala

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-12)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR Certificates and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, the Group 1 Senior Principal Distribution Amount for that Distribution Date remaining after making the payments specified in clause (A) above, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1-A-6 A-2 Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any such Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction RuleDate; and (ii) second, to on each Distribution Date, from the Group 2 Certificates, the Senior Principal Available Distribution Amount for Loan Group 2, in the following order of priority; (A) first, 2 remaining after giving effect to the Class 2-A-4distributions pursuant to Section 4.01(I)(A)(b)(i) above, the Group 2 Priority Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero; (B) secondas principal, to the Class 2-A-1 Certificates, until its Class Principal Balance is has been reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero;. (c) with respect to the Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 53 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, to the Class 3-A-1 Certificates, Class 3-A-2-1 Certificates, Class 3-A-2-2 Certificates and Class 3-A-3 Certificates, as principal, the Group 3 Senior Principal Distribution Amount, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; provided, however, that the aggregate amount that would otherwise be allocable to the Class 3-A-2-1 Certificates and Class 3-A-2-2 Certificates on any Distribution Date will instead be allocated in the following order of priority: (fA) first, the lesser of (1) $600,000 and (2) 99.80% of the pro rata portion of the Group 3 Senior Principal Distribution Amount allocable to the Class 3-A-2-1 Certificates and Class 3-A-2-2 Certificates for such Distribution Date, to the Class 3-A-2-1 Certificates, until its Class Principal Balance has been reduced to zero; and (B) second, the portion of the Group 3 Senior Principal Distribution Amount allocable to the Class 3-A-2-1 Certificates and Class 3-A-2-2 Certificates for such Distribution Date remaining after giving effect to the distribution pursuant to Section 4.01(I)(A)(c)(ii)(A) above, to the Class 3-A-2-2 Certificates, until its Class Principal Balance has been reduced to zero. (d) with respect to the Group 4 Certificates, and from the Available Distribution Amount relating to Loan Group 4: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-1 and Class 4-A-2 Certificates, as principal, the Group 4 Senior Principal Distribution Amount, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero. (e) with respect to the Class C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, 3 and Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), Sections 4.01(I)(A)(a) through (d) and (e) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, 3 and Group 4 and Group 5 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; ; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2007-1)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5, Group 6 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1-A-6 A-2 Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;. (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 52 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, to the Class 2-A-1, Class 2-A-2-1 and Class 2-A-2-2 Certificates, as principal, the Group 2 Senior Principal Distribution Amount, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;. (c) with respect to the Group 3 Certificates, and from the Available Distribution Amount relating to Loan Group 3: (i) first, concurrently, to the Group 3 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, to the Class 3-A-1, Class 3-A-2-1 and Class 3-A-2-2 Certificates, as principal, the Group 3 Senior Principal Distribution Amount, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero. (d) with respect to the Group 4 Certificates, and from the Available Distribution Amount relating to Loan Group 4: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-1-1, Class 4-A-1-2, Class 4-A-2-1 and Class 4-A-2-2 Certificates, as principal, the Group 4 Senior Principal Distribution Amount, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero. (e) with respect to the Group 5 Certificates, and from the Available Distribution Amount relating to Loan Group 5: (i) first, to the Class 5-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(e)(i) above, to the Class 5-A-1 Certificates, as principal, the Group 5 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (f) with respect to the Group 6 Certificates, and from the Available Distribution Amount relating to Loan Group 6: (i) first, to the Class 6-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 6 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(f)(i) above, to the Class 6-A-1 Certificates, as principal, the Group 6 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (g) with respect to the Class C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 4, Loan Group 5 and Loan Group 5 6 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), Sections 4.01(I)(A)(a) through (b), (c), (d) and (ef) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 4, Group 5 and Group 5 6 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenthto the Class C-B-7 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xiv) to the Class C-B-7 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Principal Balance of Class C-B-7 Certificates has been reduced to zero; (xv) to the Class C-B-8 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xvi) to the Class C-B-8 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Principal Balance of Class C-B-8 Certificates has been reduced to zero; (xvii) to the Class C-B-9 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xviii) to the Class C-B-9 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Principal Balance of Class C-B-9 Certificates has been reduced to zero; (xix) to the Class C-B-10 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xx) to the Class C-B-10 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Principal Balance of Class C-B-10 Certificates has been reduced to zero; (xxi) to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 B-5, Class C-B-6, Class C-B-7, Class C-B-8, Class C-B-9 and Class C-B-6 B-10 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(g)(xxi) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xivxxii) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5 and Loan Group 6 (to the extent that such amount is held by Subsidiary REMIC 1I or REMIC II), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, Loan Group 3, Loan Group 4 and 4, Loan Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates and Loan Group 6 (to the extent that such amount is held by Subsidiary REMIC 1III or REMIC IV), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X 6 and Class C-X B Certificates shall be reduced by the Trust Administrator by, by the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4, Group 5 or Group 6 Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup 1, Group 2, Group 3, Group 4, Group 5 or Group 6 Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group 1, Group 2, Group 3, Group 4, Group 5 or Group 6 Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4, Group 5 or Group 6 Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Class C-B Certificates with respect to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5 or Loan Group 6 such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Class C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Class C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Class C-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination of Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5 and Loan Group 6 in excess of the Par Value to the holder of the Class AR-L Certificate. (II) With respect to the Group 7 Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) from the Interest Remittance Amount for Loan Group 7A and Loan Group 7B, to the Group 7 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for such Class and such Distribution Date, applied to the Group 7 Senior Certificates as follows: (1) amounts distributed to the Group 7A Senior Certificates will reduce the Interest Remittance Amount for Loan Group 7A before any reduction to the Interest Remittance Amounts for Loan Group 7B in respect of such distribution; and (2) amounts distributed to the Group 7B Senior Certificates will reduce the Interest Remittance Amount for Loan Group 7B before any reduction to the Interest Remittance Amounts for Loan Group 7A in respect of such distribution; (ii) first, from the Interest Remittance Amount for Loan Group 7B and then from the Interest Remittance Amount for Loan Group 7A, to the Class 7-M-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iii) first, from the Interest Remittance Amount for Loan Group 7B and then from the Interest Remittance Amount for Loan Group 7A, to the Class 7-M-2 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iv) first, from the Interest Remittance Amount for Loan Group 7B and then from the Interest Remittance Amount for Loan Group 7A, to the Class 7-M-3 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (v) first, from the Interest Remittance Amount for Loan Group 7B and then from the Interest Remittance Amount for Loan Group 7A, to the Class 7-M-4 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; and (vi) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Adminis

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-8)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 1, Class D-X and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principalClass A-P Certificates, the Senior Class P Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class AD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AD-X Certificates pursuant to this Section 4.01(A)(h)(iparagraph 4.01(A)(a)(ii), only the portion of the Class AD-X Notional Amount derived from the Group 2 1 Mortgage Loans will be used to calculate these distributions;; and (iiiii) secondthird, to the Group 2 1 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 21, in the following order of priority: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balance is Balances are reduced to zero; and (iiiB) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountsecond, to the Class AR1-L Certificates A-1 Certificates, until its Class Principal Balance is reduced to zero; (to the extent that such amount is held by Subsidiary REMIC 1), or b) with respect to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 12-A-1, Middle REMIC 2 or the Master REMIC); (i) On or after Class D-X and Class A-P Certificates, before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 3 will be made with respect 2, subject to the Group 3, Class A-X, Class AR and Class AR-L Certificates as followsSection 4.01(B) below: (i) first, concurrentlyto the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 2; (ii) second, to the Group 3 Class 2-A-1 and Class AD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AD-X Certificates pursuant to this Section 4.01(A)(i)(iparagraph 4.01(A)(b)(ii), only the portion of the Class AD-X Notional Amount derived from the Group 3 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR2-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2005-11)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I, Group II, Group III, Group IV, Group V, Group VI and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group 1 I Certificates entitled to interestand the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group I Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group I Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group I remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, to the Class I-A-1 Certificates, the Group I Senior Principal Distribution Amount, until its Class Principal Balance has been reduced to zero. (b) with respect to the Group II Certificates, and from the Available Distribution Amount relating to Loan Group II: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group II Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group II Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group II Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group II remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, to the Class II-A-1 Certificates, the Group II Senior Principal Distribution Amount, until its Class Principal Balance has been reduced to zero. (c) with respect to the Group III Certificates, and from the Available Distribution Amount relating to Loan Group III: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group III Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group III Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group III Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group III remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, to the Class III-A-1 Certificates, the Group III Senior Principal Distribution Amount, until its Class Principal Balance has been reduced to zero. (d) with respect to the Group IV Certificates, from the Available Distribution Amount relating to Loan Group IV: (i) first, subject to Section 4.01(I)(B) below, to the Group IV Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 1IV remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Group IV Certificates, the Group IV Senior Principal Distribution Amount, concurrently: (a) 64.59001622892% sequentially, to the Class IV-A-1 and Class IV-A-2 Certificates, in the following order of priority;that order, until their Class Principal Balances have been reduced to zero; and (Ab) first35.40998377108% sequentially, to the Class AR and the Class ARIV-L A-3 Certificates, pro rata based on Class Principal Balancesin that order, until their respective Class Principal Balances are have been reduced to zero;. (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (be) with respect to the Group 2 and Class A-X V Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowV: (i) first, concurrentlysubject to Section 4.01(I)(B) below, to the Group 2 and Class A-X V Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to on each Distribution Date, from the Group 2 Certificates, the Senior Principal Available Distribution Amount for Loan Group 2, in V remaining after giving effect to the following order of priority; (Adistributions pursuant to Section 4.01(I)(A)(e)(i) firstabove, to the Class 2V-A-4A-1 Certificates, the Group 2 Priority V Senior Principal Distribution Amount, until its Class Principal Balance is has been reduced to zero;. (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (cf) with respect to the Group 3 and the Class A-X VI Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) belowVI: (i) first, concurrentlysubject to Section 4.01(I)(B) below, to the Group 3 Certificates and the Class A-X VI Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificatessuch Distribution Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 5VI remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(f)(i) above, pro rata based on to the Group VI Certificates (other than the Class VI-X Certificates), the Group VI Senior Principal Distribution Amount, to the Class VI-A-1 until its Class Principal Balances, until their respective Class Principal Balances are Balance has been reduced to zero;. (fg) with respect to the Group C-B, B and Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1I, Loan Group 2II, Loan Group 3III, Loan Group 4 IV, Loan Group V and Loan Group 5 VI remaining after giving effect to the distributions pursuant to Section 4.01(A)(aSections 4.01(I)(A)(a), (b), (c), (d), (e) and (ef) above, subject to Sections 4.01(B4.01(I)(B) and 4.01(C(C) below, and further subject to any payments to the Group 1I, Group 2II, Group 3III, Group 4 IV, Group V and Group 5 VI Certificates pursuant to as described in Section 4.06, to the following Classes in the following order of priority: (i) first, to the Class C-B-1 and Class C-B-1-X Certificates, pro rata, an amount allocable to interest equal to the Interest Distribution Amount for each such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net unreimbursed Realized Losses for such previously allocated to that Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(c)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) firstI, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1II, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2III, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2IV, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR V and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);VI. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1I, Group 2II, Group 3III, Group 4IV, Group 5V, Group VI and Group C-BB Certificates and for each of the Group I, Class A-X Group II and Class C-X Certificates Group III Excess Interest Amounts shall be reduced by the Trust Administrator by, by the related Class’s ’ or Excess Interest Amounts’ pro rata share (based on the amount of the Interest Distribution Amount for each such Class or Excess Interest Amount before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group I, Group II, Group III, Group IV, Group V or Group VI Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar monthrelated Prepayment Period, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup I, Group II, Group III, Group IV, Group V or Group VI Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the related Prepayment Period, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group I, Group II, Group III, Group IV, Group V or Group VI Mortgage Loan, as applicable, incurred during the related Prepayment Period and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group I, Group II, Group III, Group IV, Group V or Group VI Mortgage Loan, as applicable, that became a Fraud Loan during the related Prepayment Period the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Group C-B Certificates with respect to Loan Group I, Loan Group II, Loan Group III, Loan Group IV, Loan Group V or Loan Group VI such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Group C-B Certificates, other than the Class C-B-1-X Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Group C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Group C-B Certificates, pro rata, based upon their respective Class Principal Balances. (II) With respect to the Group VII Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) to the Class VII-A-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (ii) to the Class VII-M 1 Certificates, Current Interest for such Class and such Distribution Date; (iii) to the Class VII-M 2 Certificates, Current Interest for such Class and such Distribution Date; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group VII for such date in the following order of priority: (i) to the Class VII-A-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class VII-M 1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class VII-M 2 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(b)(i) through (iii) above. (c) On each Distribution Date (A) on or after the Stepdown Date and (B) with respect to which a Trigger Event is not in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group VII for such date in the following order of priority: (i) to the Class VII-A-1 Certificates, the Group VII Senior Principal Payment Amount, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class VII-M 1 Certificates, the Class VII-M-1 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class VII-M 2 Certificates, the Class VII-M-2 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(c)(i) though (iii) above. (d) On each Distribution Date, the Trust Administrator shall distribute the Monthly Excess Cashflow for such date in the following order of priority: (A) until the aggregate Class Principal Balance of the Group VII Certificates, other than the Class VII-X Certificates, equals the Aggregate Loan Group Balance of Loan Group VII for such Distribution Date minus the Targeted Overcollateralization Amount for such date, on each Distribution Date (x) prior to the Stepdown Date or (y) with respect to which a Trigger Event is in effect, to the extent of Monthly Excess Interest for such Distribution Date, to the Group VII Certificates, in the following order of priority: 1. to the Class VII-A-1 Certificates, u

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates Ser 2002-Ar31)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw from the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from Distribution Account the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an extent that such amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed is then on deposit in the absence of Distribution Account) and shall distribute such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, amount in the following order of priority: (a) With respect to the portion of Available Distribution Amount for such Distribution Date consisting of the Interest Remittance Amount for such Distribution Date, on each Distribution Date, the Trustee shall withdraw the Interest Remittance Amount from the Available Distribution Amount on deposit in the Distribution Account for that Distribution Date, and apply such funds to distributions on the specified Class of Certificates that have outstanding Class Principal Balances, sequentially, as follows: first, (i) to the Class A-1 Certificates, the Class A Interest Distribution Amount for such Distribution Date and second, (ii) sequentially, to the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 Certificates, in that order, their respective Subordinated Interest Distribution Amounts, in each case, to the extent of the Interest Remittance Amount remaining for such Class for such Distribution Date; (Ai) On each Distribution Date (a) prior to the Stepdown Date or (b) on which a Trigger Event is in effect, the Holders of each of the Class A-1, Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 Certificates shall be entitled to receive distributions in respect of principal from the Principal Distribution Amount, first, to the holders of (x) the Class AR A-1 Certificates in accordance, until their Class Principal Balance is reduced to zero, and then, to the holders of (y) the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4 and Class AR-L B-5 Certificates, pro rata based on sequentially, in that order, until their respective Class Principal BalancesBalances are reduced to zero. (ii) On each Distribution Date (a) on or after the Stepdown Date and (b) on which a Trigger Event is not in effect, the Holders of the Class A-1, Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 Certificates shall be entitled to receive distributions in respect of principal from the Principal Distribution Amount in the following amounts and order of priority: (i) to the Class A-1 Certificates, the Class A Principal Distribution Amount, until their Class Principal Balance is reduced to zero; (ii) to the Class M-1 Certificates, the Class M-1 Principal Distribution Amount, until their Class Principal Balance is reduced to zero; (iii) to the Class M-2 Certificates, the Class M-2 Principal Distribution Amount, until their Class Principal Balance is reduced to zero; (iv) to the Class M-3 Certificates, the Class M-3 Principal Distribution Amount, until their Class Principal Balance is reduced to zero; (v) to the Class B-1 Certificates, the Class B-1 Principal Distribution Amount, until their Class Principal Balance is reduced to zero; (vi) to the Class B-2 Certificates, the Class B-2 Principal Distribution Amount, until their Class Principal Balance is reduced to zero; (vii) to the Class B-3 Certificates, the Class B-3 Principal Distribution Amount, until their Class Principal Balance is reduced to zero; (viii) to the Class B-4 Certificates, the Class B-4 Principal Distribution Amount, until their Class Principal Balance is reduced to zero; (ix) to the Class B-5 Certificates, the Class B-5 Principal Distribution Amount, until their Class Principal Balance is reduced to zero; and (c) On each Distribution Date the sum of (i) the Overcollateralization Release Amount and (ii) Net Monthly Excess Cashflow, each for such Distribution Date, shall be distributed in the following order of priority, in each case to the extent of the amounts remaining: (i) the Extra Principal Distribution Amount will be distributed (a) prior to the Stepdown Date or if a Trigger Event is in effect, sequentially, first, to the holders of (x) the Class A-1 Certificates, until their Class Principal Balance is reduced to zero, and second, to the holders of (y) the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 Certificates, sequentially, in that order, until their respective Class Principal Balances are reduced to zero and (b) on and after the Stepdown Date and if a Trigger Event is not in effect, sequentially, first, to the holders of (x) the Class A-1 Certificates, the amount calculated pursuant to the second bullet point of Class A Principal Distribution Amount, and second, to the holders of (y) the Class M-1, Class M-2, Class M-3, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 Certificates, sequentially, in that order, the amount calculated pursuant to the second bullet point of Class M-1 Principal Distribution Amount, Class M-2 Principal Distribution Amount, Class M-3 Principal Distribution Amount, Class B-1 Principal Distribution Amount, Class B-2 Principal Distribution Amount, Class B-3 Principal Distribution Amount, Class B-4 Principal Distribution Amount and Class B-5 Principal Distribution Amount, respectively, in each case after application of the distributions to such Certificates on that Distribution Date pursuant to clause (b)(i) above, until their respective Class Principal Balances are reduced to zero; (Bii) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 M-1 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Carry Forward Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 M-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Daterelated Unpaid Realized Loss Amount; (iv) fourth, to the Class C-B-2 M-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zerothe related Interest Carry Forward Amount; (v) fifth, to the Class C-B-3 M-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Daterelated Unpaid Realized Loss Amount; (vi) sixth, to the Class C-B-3 M-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zerothe related Interest Carry Forward Amount; (vii) seventh, to the Class C-B-4 M-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Daterelated Unpaid Realized Loss Amount; (viii) eighth, to the Class C-B-4 B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zerothe related Interest Carry Forward Amount; (ix) ninth, to the Class C-B-5 B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Daterelated Unpaid Realized Loss Amount; (x) tenth, to the Class C-B-5 B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zerothe related Interest Carry Forward Amount; (xi) eleventh, to the Class C-B-6 B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Daterelated Unpaid Realized Loss Amount; (xii) twelfth, to the Class C-B-6 B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zerothe related Interest Carry Forward Amount; (xiii) thirteenthto the Class B-3 Certificates, the related Unpaid Realized Loss Amount; (xiv) to the Class B-4 Certificates, the related Interest Carry Forward Amount; (xv) to the Class B-4 Certificates, the related Unpaid Realized Loss Amount; (xvi) to the Class B-5 Certificates, the related Interest Carry Forward Amount; (xvii) to the Class B-5 Certificates, the related Unpaid Realized Loss Amount; (xviii) to the Class A-1 Certificates, any unpaid remaining Basis Risk Carry Forward Amount for such Class; (xix) sequentially, to the Class C-▇, ▇▇▇▇▇ ▇-▇, Class M-3, Class B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 B-2 and Class C-B-6 B-3 Certificates, in that order, up to an amount of Net Realized Losses any unpaid remaining Basis Risk Carry Forward Amount for each such Class, if any; provided, however, that any amounts distributed pursuant ; (xx) to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of OC Certificates, the Group C-B CertificatesClass OC Distributable Amount; and (xivxxi) fourteenthto the holders of the Class R Certificates, any remaining Available Distribution Amountamounts. For the avoidance of doubt, Section 5.02(c) is intended to cause the Class AR-L OC Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or receive from amounts remaining after the related Credit Support Depletion Date, distributions application of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (iall other clauses of Section 5.02(c) first, concurrently, to the Group 1 Certificates entitled to interestpreceding it, an amount allocable to interest equal up to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion sum of the Class A-X Notional OC Distributable Amount derived for that Distribution Date and any Class OC Distributable Amounts remaining unpaid from prior Distribution Dates and the Group 2 Mortgage Loans will be used Trustee shall construe Section 5.02(c) as necessary so as to calculate these distributions;accomplish such result. (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bd) On each Distribution Date, the amount referred Class P Distribution Amount received during the related Prepayment Period will be distributed to in clause (i) the holders of the definition of Interest Distribution Amount for such Class P Certificates. On the Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator byin August 2011, the related Class’s pro rata share (based on $100 held in trust for the amount Class P Certificates will be distributed to the holders of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagP Certificates.

Appears in 1 contract

Sources: Trust Agreement (Morgan Stanley Mortgage Loan Trust 2006-10sl)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I, Group II, Group III, Group C-B, Class A-X and Class A-P Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Senior and Class A-X Certificates, before the related Credit Support Depletion Date Date, and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06I: (i) first, to the Class CI-B-1 P Certificates, an amount allocable to interest equal to the Interest Class I-P Principal Distribution Amount for such Class for such Distribution DateAmount; (ii) second, subject to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iiiSection 4.01(B) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) firstbelow, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class ARI-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-XA-1, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, however, that for the purposes of the distributions pursuant to this Section 4.01(A)(a)(ii), the Interest Distribution Amount for the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only shall be calculated solely on the basis of that portion of the Class A-X Notional Amount derived attributable to the Group I Mortgage Loans; and (iii) third, on each Distribution Date, from the Available Distribution Amount remaining after giving effect to the distributions pursuant to Section 4.01(A)(a)(i) and (ii) above, to the Class I-A-1 and Class AR Certificates, the Group 2 I Senior Principal Distribution Amount, in the following order of priority: (A) first, to the Class AR Certificates, until its Class Principal Balance has been reduced to zero; and (B) second, to the Class I-A-1 Certificates, until its Class Principal Balance has been reduced to zero. (b) with respect to the Group II, Class A-X and Class A-P Certificates, before the Credit Support Depletion Date, and from the Available Distribution Amount relating to Loan Group II: (i) first, to the Class A-P Certificates, the Class II-P Principal Distribution Amount; (ii) second, subject to Section 4.01(B) below, concurrently, to each Class of Group II Certificates and the Class Z-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount, any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, however, that for purposes of the distributions pursuant to this Section 4.01(A)(b)(ii), the Interest Distribution Amount for the Class A-X Certificates shall be calculated solely on the basis of that portion of the Class A-X Notional Amount attributable to the Group II Mortgage Loans Loans; provided further that any Class II-A-3 Accrual Amount for such Distribution Date will instead be used distributed as principal in accordance with the definition of Class II-A-3 Accretion Directed Rule; and (iii) third, on each Distribution Date, from the Available Distribution Amount remaining after giving effect to calculate these distributionsthe distributions pursuant to Section 4.01(A)(b)(i) and (ii) above, to the Group II Certificates (other than any Group II Certificates that are Notional Amount Certificates), the Group II Senior Principal Distribution Amount, in the following order of priority: (A) first, to the Class II-A-4 Certificates, the Class II-A-4 Priority Amount, until its Class Principal Balance has been reduced to zero; (B) second, to the Class II-A-1 and Class II-A-2 Certificates, pro rata, until their respective Class Principal Balances have been reduced to zero; (C) third, to the Class II-A-3 Certificates, until its Class Principal Balance has been reduced to zero; and (D) fourth, to the Class II-A-4 Certificates, until its Class Principal Balance has been reduced to zero. (c) with respect to the Group III, Class A-X and Class A-P Certificates, before the Credit Support Depletion Date, and from the Available Distribution Amount relating to Loan Group III: (i) first, to the Class A-P Certificates, the Class III-P Principal Distribution Amount; (ii) second, subject to Section 4.01(B) below, concurrently, to each Class of Group III Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount, any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, however, that for purposes of the distributions pursuant to this Section 4.01(A)(c)(ii), the Interest Distribution Amount for the Class A-X Certificates shall be calculated solely on the basis of that portion of the Class A-X Notional Amount attributable to the Group II Mortgage Loans; provided further that any Class III-A-3 Accrual Amount for such Distribution Date will instead be distributed as principal in accordance with the definition of Class III-A-3 Accretion Directed Rule; and (iii) third, on each Distribution Date, from the Available Distribution Amount remaining after giving effect to the distributions pursuant to Section 4.01(A)(c)(i) and (ii) above, to the Group III Certificates (other than any Group III Certificates that are Notional Amount Certificates), the Group III Senior Principal Distribution Amount, in the following order of priority: (A) first, to the Class III-A-4 Certificates, the Class III-A-4 Priority Amount, until its Class Principal Balance has been reduced to zero; (B) second, concurrently, to the following Classes of Certificates in the following order: (1) 75.0463832076% sequentially, to the following Classes of Certificates in the following order: (a) first, to the Class III-A-1 and Class III-A-2 Certificates, pro rata, until their respective Class Principal Balances have been reduced to zero; and (b) second, to the Class III-A-3 Certificates, until its Class Principal Balance has been reduced to zero. (2) 24.9536167924% sequentially, to the following Classes of Certificates in the following order: (a) first, to the Class III-A-7 Certificates, until its Class P▇▇▇▇▇▇▇▇ ▇alance has been reduced to zero; (b) second, to the Class III-A-6 Certificates, until its Class Principal Balance has been reduced to zero; (c) third, to the Class III-A-8 Certificates, until its Class Principal Balance has been reduced to zero; and (d) fourth, to the Class III-A-9 Certificates, until its Class Principal Balance has been reduced to zero. (C) third, to the Class III-A-4 Certificates, until its Class Principal Balance has been reduced to zero. (d) with respect to the Class I-P, Group I Subordinate and Class AR Certificates, before the Credit Support Depletion Date, from the Available Distribution Amount for Loan Group I remaining after giving effect to the distributions pursuant to Section 4.01(A)(a) above, subject to Section 4.01(B) and (C) below: (i) first, to the Class I-P Certificates, to the extent of amounts otherwise available to pay the Group I Subordinate Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the Class I-P Fraction of any loss on a Class I-P Mortgage Loan incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(d)(i) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(d)(i) will not cause a further reduction in the Class Principal Balance of the Class I-P Certificates; (ii) second, to the Group 2 Class I-B-1 Certificates, as principal, an amount allocable to interest equal to the Senior Principal Interest Distribution Amount for Loan Group 2, pro rata based on such Class Principal Balances, until their respective Class Principal Balance is reduced to zero; andfor such Distribution Date; (iii) third, to the Class I-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of Class I-B-1 Certificates has been reduced to zero; (iv) fourth, to the Class I-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (v) fifth, to the Class I-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of Class I-B-2 Certificates has been reduced to zero; (vi) sixth, to the Class I-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vii) seventh, to the Class I-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of Class I-B-3 Certificates has been reduced to zero; (viii) eighth, to the Class I-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ix) ninth, to the Class I-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of Class I-B-4 Certificates has been reduced to zero; (x) tenth, to the Class I-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xi) eleventh, to the Class I-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of Class I-B-5 Certificates has been reduced to zero; (xii) twelfth, to the Class I-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xiii) thirteenth, to the Class I-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of Class I-B-6 Certificates has been reduced to zero; (xiv) fourteenth, to the Class I-B-1, Class I-B-2, Class I-B-3, Class I-B-4, Class I-B-5 and Class I-B-6 Certificates, in that order, up to an amount of unreimbursed Realized Losses previously allocated to that Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(d)(xiv) will not cause a further reduction in the Class Principal Balances of any of the Group I Subordinate Certificates; and (xv) fifteenth, to the Class AR Certificates, any remaining Available Distribution Amount for Loan Group I. (e) with respect to the Class A-P, Group C-B and Class AR Certificates, before the Credit Support Depletion Date, from the Available Distribution Amount for Loan Group II and Loan Group III remaining after giving effect to the distributions pursuant to Section 4.01(A)(b) and (c) above, subject to Section 4.01(B) and (C) below, and further subject to any payments to the Group 1, Group 3, Group 4 II and Group 5 III Certificates as described in Section 4.06, to the following classes in the following order: (i) first, to the Class A-P Certificates, to the extent of amounts otherwise available to pay the Group C-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the Class II-P or Class III-P Fraction of any loss on a Class II-P or Class III-P Mortgage Loan, respectively, incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(e)(i) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.064.01(A)(e)(i) will not cause a further reduction in the Class Principal Balance of the Class A-P Certificates; (ii) second, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iii) third, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of the Class C-B-1 Certificates has been reduced to zero; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (v) fifth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of the Class C-B-2 Certificates has been reduced to zero; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vii) seventh, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of the Class C-B-3 Certificates has been reduced to zero; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ix) ninth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of the Class C-B-4 Certificates has been reduced to zero; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xi) eleventh, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of the Class C-B-5 Certificates has been reduced to zero; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xiii) thirteenth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Principal Balance of the Class C-B-6 Certificates has been reduced to zero; (xiv) fourteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of unreimbursed Realized Losses previously allocated to that Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(e)(xiv) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xv) fifteenth, to the Class AR Certificates, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);Amount for Loan Group II and Loan Group III. (if) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 I will be made with respect to the Group 3I Senior, Class A-X, X and Class AR and Class AR-L Certificates as follows: (i) first, to the Class I-P Certificates, the Class I-P Principal Distribution Amount; (ii) second, subject to Section 4.01(B) below, concurrently, to the Group 3 Class I-A-1, Class AR and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, however, that for the purposes of the distributions pursuant to this Section 4.01(A)(f)(ii), the Interest Distribution Amount for the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only shall be calculated solely on the basis of that portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, attributable to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; andI Mortgage Loans; (iii) third, after any payments to the Class I-A-1 and Class AR Certificates, pro rata, as principal, the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available I Senior Principal Distribution Amount; and (iv) fourth, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);Certificates. (jg) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 II will be made with respect to the Group 4II, Class AR A-X, Class A-P and Class AR-L AR Certificates as follows: (i) first, concurrently, to the Group 4 Class A-P Certificates, an amount allocable to interest equal to the related Interest Class II-P Principal Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant subject to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k4.01(B) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) firstbelow, concurrently, to the Group 5 II Certificates and the Class CA-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagto

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5, Group 6, Group 7 and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (Aa) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (Eb) fifthsecond, to the Class 21-A-4 A-1 Certificates, until its Class Principal Balance is reduced to zero;. (cb) with respect to the Group 3 and the Class A-X 2 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below2: (i) first, concurrently, to the Group 3 Certificates and the Class A2-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among Amount for such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributionsDate; and (ii) second, to on each Distribution Date, from the Group 3 Certificates entitled to principal, the Senior Available Distribution Amount for Loan Group 3 2 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, as principal, to the Class 3-A-1 and Class 3-A-3 2 A 1 Certificates, pro rata based on the Group 2 Senior Principal Distribution Amount, until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (dc) with respect to the Group 4 3 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below3: (i) first, to the Group 4 Class 3-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution AmountAmount for such Distribution Date; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal on each Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 3 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e4.01(I)(A)(c)(i) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) firstas principal, to the Class C-B-1 3 A 1 Certificates, an amount allocable to interest equal to the Interest Group 3 Senior Principal Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution DateAmount, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2004-Ar8)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 and Class D-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Class D-P Certificates, the Class P Principal Distribution Amount for Loan Group 1; (ii) second, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) secondthird, to the Group 1 Certificates entitled to principalCertificates, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 A-1 Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero; (b) with respect to the Group 2 and Class A2-X A-1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, to the Class 2-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; (ii) second, to the Class 2-A-1 Certificates, the Senior Principal Distribution Amount for Loan Group 2, until its Class Principal Balance is reduced to zero; (c) with respect to the Class 3-A-1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, to the Class 3-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; (ii) second, to the Class 3-A-1 Certificates, the Senior Principal Distribution Amount for Loan Group 3, until its Class Principal Balance is reduced to zero; (d) with respect to the Group 4 and the Class D-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 4 and the Class AD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however; (ii) second, that to the Group 4 Certificates, entitled to principal, the Senior Principal Distribution Amount for the purposes of distributions Loan Group 4, pro rata based on Class Principal Balance, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Class A5-X Certificates pursuant A-1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to this Loan Group 5, subject to Section 4.01(A)(b)(i)4.01(B) below: (i) first, only a portion of to the Class A5-X Notional Amount derived from A-1 Certificates, an amount allocable to interest equal to the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any related Interest Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction RuleAmount; and (ii) second, to the Group 2 Class 5-A-1 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount5, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (cf) with respect to Group 3 6 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 35, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 6 Certificates entitled to interest and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i4.01(A)(f)(1), only a portion of the Class A-X Notional Amount derived from the Group 3 6 Mortgage Loans will be used to calculate these distributionsdistributions provided further, that any Class 6-A-3 Accrual Amount for any Distribution Date on or before the Class 6-A-3 Accretion Termination Date will instead be distributed in accordance with the Class 6-A-3 Accretion Discretion Rule; provided further, that any Class 6-A-12 Accrual Amount for any Distribution Date on or before the Class 6-A-12 Accretion Termination Date will instead be distributed in accordance with the Class 6-A-12 Accretion Discretion Rule; provided further, that on any Distribution Date prior to the Distribution Date in January 2011 when the Certificate Index exceeds 5.350% per annum, for the purpose of this clause (f)(i), the Pass-Through Rate on the Class 6-A-1 will be capped at 6.00% per annum; and (ii) secondthird, to the Group 3 Certificates 6 Certificates, entitled to principal, the Senior Distribution Amount for Loan Group 3 6 in the following order of priority: (A) first, to the Class 36-A-1 A-4, Class 6-A-5 and Class 36-A-3 A-13, the Group 6 Priority Amount, pro rata, based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 6-A-6, Class 6-A-7, Class 6-A-8 and Class 6-A-9 Certificates, in an amount necessary to reduce their aggregate Class Principal Balance to their aggregate Planned Balance set forth on Schedule V for such Distribution Date, sequentially as follows: (1) first, to the Class 6-A-8 Certificates, in an amount necessary to reduce its Class Principal Balance to its Planned Balance set forth on Schedule VI for such Distribution Date; (2) second, to the Class 6-A-6 and Class 6-A-7 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d3) with respect third, to the Group 4 Class 6-A-9 Certificates, before until its Class Principal Balance is reduced to zero; and (4) fourth, to the related Credit Support Depletion Date Class 6-A-8 Certificates, without regard to its Planned Balance, until its Class Principal Balance is reduced to zero; (C) third, to the Class 6-A-1 Certificates, in an amount necessary to reduce its Class Principal Balance to its Targeted Balance set forth on Schedule VII for such Distribution Date, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 6-A-12 Certificates, until its Class Principal Balance is reduced to zero; (E) fifth, to the Class 6-A-1 Certificates, without regard to its Targeted Balance, until its Class Principal Amount is reduced to zero; (F) sixth, to the Class 6-A-3 Certificates, until its Class Principal Balance is reduced to zero; (G) seventh, to the Class 6-A-6, Class 6-A-7, Class 6-A-8 and from the Available Distribution Amount relating Class 6-A-9 Certificates, without regard to Loan Group 4their aggregate Planned Balance, subject to Section 4.01(B) belowsequentially as follows: (i1) first, to the Group 4 Class 6-A-8 Certificates, in an amount allocable necessary to interest equal reduce its Class Principal Balance to the related Interest its Planned Balance set forth on Schedule VI for such Distribution Amount; andDate; (ii2) second, to the Class 46-A-2 A-6 and Class 46-A-3 A-7 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e3) third, to the Class 6-A-9 Certificates, until its Class Principal Balance is reduced to zero; (4) fourth, to the Class 6-A-8 Certificates, without regard to its Planned Balance, until its Class Principal Balance is reduced to zero; (H) eighth, to the Class 6-A-10 Certificates, until its Class Principal Balance is reduced to zero; and (I) ninth, to the Class 6-A-4, Class 6-A-5 and Class 6-A-13 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (g) with respect to the Group 5 7 and Class CA-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 57, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 7 and Class CA-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(g)(i), only the portion of the Class A-X Notional Amount derived from the Group 7 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Class 57-A-2 and Class 5-A-3 A-1 Certificates, the Senior Principal Distribution Amount for Loan Group 57, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero; (fh) with respect to the Group D-B, Class D-P, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3 and Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c) and (d) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06: (i) first, to the Class D-P Certificates, first, to the extent of PO Recoveries for Loan Group 1 and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group 1 incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(h)(i) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(h)(i) will not cause a further reduction in the Class Principal Balance of the Class D-P Certificates; (ii) second, to the Class D-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iii) third, to the Class D-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (iv) fourth, to the Class D-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (v) fifth, to the Class D-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (vi) sixth, to the Class D-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vii) seventh, to the Class D-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (viii) eighth, to the Class D-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ix) ninth, to the Class D-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (x) tenth, to the Class D-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xi) eleventh, to the Class D-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xii) twelfth, to the Class D-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xiii) thirteenth, to the Class D-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xiv) fourteenth, to the Class D-B-7 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xv) fifteenth, to the Class D-B-7 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xvi) sixteenth, to the Class D-B-1, Class D-B-2, Class D-B-3, Class D-B-4, Class D-B-5, Class D-B-6 and Class D-B-7 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(h)(xvi) will not cause a further reduction in the Class Principal Balances of any of the Group D-B Certificates; and (xvii) seventeenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC). (i) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 15, Loan Group 2, Loan Group 3, Loan Group 4 6 and Loan Group 5 7 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a4.01(A)(e), (b), (c), (df) and (eg) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 15, Group 2, Group 3, Group 4 6 and Group 5 7 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii4.01(A)(i)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagCertifica

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2006-9)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I, Class C-X and Class C-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1I, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principalClass C-P Certificates, the Senior Class P Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfallI; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR I and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class AC-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AC-X Certificates pursuant to this Section 4.01(A)(h)(iparagraph 4.01(A)(a)(ii), only the portion of the Class AC-X Notional Amount derived from the Group 2 I Mortgage Loans will be used to calculate these distributions;; and (iiiii) secondthird, to the Group 2 I Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2I, in the following order of priority: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balance is Balances are reduced to zero; and (iiiB) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountsecond, to the Class ARI-L Certificates (A-1 Certificates, until its Class Principal Balance is reduced to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (ib) On or after with respect to the Group II, Class C-X and Class C-P Certificates, before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 3 will be made with respect II, subject to the Group 3, Class A-X, Class AR and Class AR-L Certificates as followsSection 4.01(B) below: (i) first, concurrentlyto the Class C-P Certificates, the Class P Principal Distribution Amount for Loan Group II; (ii) second, to the Group 3 II and Class AC-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AC-X Certificates pursuant to this Section 4.01(A)(i)(iparagraph 4.01(A)(b)(ii), only the portion of the Class AC-X Notional Amount derived from the Group 3 II Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Class II-A-1 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to the Group 1III, Group 2Class D-X-1 and Class A-P Certificates, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 4 will be made with respect III, subject to the Group 4, Class AR and Class AR-L Certificates as followsSection 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group III; (ii) second, concurrently, to the Group 4 III and Class D-X-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class D-X-1 Certificates pursuant to this paragraph 4.01(A)(c)(ii), only the portion of the Class D-X-1 Notional Amount derived from the Group III Mortgage Loans will be used to calculate these distributions; and (iii) third, to the Group III Certificates, the Senior Principal Distribution Amount for Loan Group III, in the following order of priority: (A) first, to the Class III-A-4 Certificates, the Group III Priority Amount for that Distribution Date, until its Class Principal Balance is reduced to zero; (B) second, to the Class III-A-2 Certificates, an amount equal to the lesser of (x) 99.99% of the amount of the Senior Principal Distribution Amount for Loan Group III available for distribution pursuant to this Section 4.01 (c)(iii)(B) and (y) $218,500, until its Class Principal Balance is reduced to zero; (C) third, to the Class III-A-1 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class III-A-2 Certificates, until its Class Principal Balance is reduced to zero; (E) fifth, to the Class III-A-3 Certificates, until its Class Principal Balance is reduced to zero; (F) sixth, to the Class III-A-4 Certificates, until its Class Principal Balance is reduced to zero; (d) with respect to the Group IV, Class D-X-2 and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group IV, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group IV; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR IV and Class ARD-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X X-2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall;; provided, that for the purposes of distributions to the Class D-X-2 Certificates pursuant to this paragraph 4.01(A)(d)(ii), only the portion of the Class D-X-2 Notional Amount derived from the Group IV Mortgage Loans will be used to calculate these distributions; and (iiiii) secondthird, to the Group 5 Certificates entitled to principalClass IV-A-1 and Class IV-A-1 Certificates, the Senior Principal Distribution Amount for Loan Group 5, as principalIV, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; (e) with respect to the Group V, Class D-X-1 and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group V, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group; (ii) second, to the Group V Certificates (other than the Class V-A-9 Certificates) and the Class D-X-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class D-X-1 Certificates pursuant to this paragraph 4.01(A)(e)(ii), only the portion of the Class D-X-1 Notional Amount derived from the Group V Mortgage Loans will be used to calculate these distributions; provided, further, that any Class V-A-5 Accrual Amount for any Distribution Date on or before the Class V-A-5 Accretion Termination Date will instead be distributed as principal in accordance with the Class V-A-5 Accretion Direction Rule; provided, further that when the Certificate Index exceeds 4.800% per annum, for purposes of this clause (e)(ii), the Pass-Through Rate on the Class V-A-1 Certificates will be capped at 5.500% per annum; and (iii) third, after any payments to the Group 1V Certificates (other than the Class V-A-2 Certificates), the Senior Principal Distribution Amount for Loan Group 2V, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountin the following order of priority: (A) first, to the Class ARV-L Certificates (A-4 and Class V-A-10 Certificates, the Group V Priority Amount for that Distribution Date, until its Class Principal Balance is reduced to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (B) On each Distribution Datesecond, to the Class V-A-6 Certificates in an amount referred necessary to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each reduce its Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based Principal Balance to its Planned Balance set forth on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group Schedule IV for such Distribution Date; , until its Class Principal Balance is reduced to zero; (C) third, to the Class V-A-1 and (ii) (A) after the related Special Hazard Coverage Termination Class V-A-3 Certificates, in an amount necessary to reduce their aggregate Class Principal Balance to their aggregate Targeted Balance set forth on Schedule V for such Distribution Date, with respect sequentially, as follows: (1) first, to each Mortgage Loan the Class V-A-1 Certificates in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated an amount necessary to reduce its Class Principal Balance of to its Targeted Balance set forth on Schedule VI for such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Distribution Date, with respect until its Class Principal Balance is reduced to each Mortgagzero; (2) second, to the Class V-A-3 Certificates, until its Class Principal Balance is reduced to zero; (3) third, to the Class V-A-1 Certificates without regard to its Targeted Balance for such Distribution Date, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class V-A-5 Certificates, until its Class Principal Balance is reduced to zero; (E) fifth, to the Class V-A-1 and Class V-A-3 Certificates, without regard to their aggregate Targeted Balance for such Distribution Date, sequentially, as follows: (1) first, to the Class V-A-1 Certificates in an amount necessary to reduce its Class Principal Balance to its Targeted Balance set forth on Schedule VI for such Distribution Date, until its Class Principal Balance is reduced to zero; (2) second, to the Class V-A-3 Certificates, until its Class Principal Balance is reduced to zero; (3) third, to the Class V-A-1 Certificates without regard to its Targeted Balance for such Distribution Date, until its Class Principal Balance is reduced to zero; (F) sixth, to the Class V-A-6 Certificates without regard to its Planned Balance for such Distribution Date, until its Class Principal Balance is reduced to zero; (G) seventh, concurrently:

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2005-10)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I, Group II, Group III, Group IV and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group 1 I Certificates entitled to interestand the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group I Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group I Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group I remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above to the Group I Certificates, the Group I Senior Principal Distribution Amount, in the following order of priority: (A) first, to the Class AR Certificates, until its Class Principal Balance has been reduced to zero; and (B) second, to the Class I-A-1 Certificates, until its class Principal Balance has been reduced to zero. (b) with respect to the Group II Certificates, and from the Available Distribution Amount relating to Loan Group II: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group II Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group II Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group II Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group II remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, to the Class II-A-1 Certificates, the Group II Senior Principal Distribution Amount, until its Class Principal Balance has been reduced to zero. (c) with respect to the Group III Certificates, and from the Available Distribution Amount relating to Loan Group III: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group III Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group III Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group III Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group III remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, to the Class III-A-1, Class III-A-2, Class III-A-3 and Class III-A-4 Certificates, pro rata based on Class Principal Balance, the Group III Senior Principal Distribution Amount, until their Class Principal Balances have been reduced to zero. (d) with respect to the Group IV Certificates, from the Available Distribution Amount relating to Loan Group IV: (i) first, subject to Section 4.01(I)(B) below, to the Group IV Certificates, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group IV Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 1, in IV remaining after giving effect to the following order of priority; (Adistributions pursuant to Section 4.01(I)(A)(d)(i) firstabove, to the Class AR and Class ARIV-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 A-1 Certificates, the Group IV Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is has been reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero;. (e) with respect to the Group 5 C-B and Class C-X AR Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1I, Loan Group 2II, Loan Group 3, Loan Group 4 III and Loan Group 5 IV remaining after giving effect to the distributions pursuant to Section 4.01(A)(aSections 4.01(I)(A)(a), (b), (c), (d) and (ed) above, subject to Sections 4.01(B4.01(I)(B) and 4.01(C(C) below, and further subject to any payments to the Group 1I, Group 2II, Group 3, Group 4 III and Group 5 IV Certificates pursuant to as described in Section 4.06, to the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net unreimbursed Realized Losses for such previously allocated to that Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(e)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) firstI, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1II, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR III and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);IV. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1I, Group 2II, Group 3III, Group 4, Group 5, IV and Group C-BB Certificates and for each of the Group I, Class A-X Group II, Group III and Class C-X Certificates Group IV Excess Interest Amounts shall be reduced by the Trust Administrator by, by the related Class’s ’ or Excess Interest Amounts’ pro rata share (based on the amount of the Interest Distribution Amount for each such Class or Excess Interest Amount before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group I, Group II, Group III or Group IV Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup I, Group II, Group III or Group IV Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group I, Group II, Group III or Group IV Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group I, Group II, Group III or Group IV Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Group C-B Certificates with respect to Loan Group I, Loan Group II, Loan Group III or Loan Group IV such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Group C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Group C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Group C-B Certificates, pro rata, based upon their respective Class Principal Balances. (II) With respect to the Group V Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) to the Class V-A-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (ii) to the Class V-M 1 Certificates, Current Interest for such Class and such Distribution Date; (iii) to the Class V-M 2 Certificates, Current Interest for such Class and such Distribution Date; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group V for such date in the following order of priority: (i) to the Class V-A-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class V-M 1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class V-M 2 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(b)(i) through (iii) above. (c) On each Distribution Date (A) on or after the Stepdown Date and (B) with respect to which a Trigger Event is not in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group V for such date in the following order of priority: (i) to the Class V-A-1 Certificates, the Group V Senior Principal Payment Amount, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class V-M 1 Certificates, the Class V-M-1 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class V-M 2 Certificates, the Class V-M-2 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(c)(i) though (iii) above. (d) On each Distribution Date, the Trust Administrator shall distribute the Monthly Excess Cashflow for such date in the following order of priority: (A) until the aggregate Class Principal Balance of the Group V Certificates, other than the Class V-X Certificates, equals the Aggregate Loan Group Balance of Loan Group V for such Distribution Date minus the Targeted Overcollateralization Amount for such date, on each Distribution Date (x) prior to the Stepdown Date or (y) with respect to which a Trigger Event is in effect, to the extent of Monthly Excess Interest for such Distribution Date, to the Group V Certificates, in the following order of priority: 1. to the Class V-A-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; 2. to the Class V-M 1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and 3. to the Class V-M 2 Certificates, until the Class Principal Balance of such Class has been reduced to zero. (B) on each Distribution Date (x) on or after the Stepdown Date and (y) with respect to which a Trigger Event is not in effect, to fund any principal distributions required to be made on such Distribution Date set forth above in Section 4.01(II)(c) above, after giving effect to the distribution of the Principal Payment Amount for Loan Group V for such Distribution Date, in accordance with the priorities set forth therein; (ii) to the Class V-A-1 Certificates, any Basis Risk Shortfall due and owing for such Class; (iii) to the Class V-M-1 Certificates, any Basis Risk Shortfall due and owing for such Class; (iv) to the Class V-M-2 Certificates, any Basis Risk Shortfall due and owing for such Class; (v) to the Class V-M 1 Certificates, first, any Carryforward Interest and then any Deferred Amount for such Class; (vi) to the Class V-M 2 Certificates, first any Carryforward Interest and then any Deferred Amount for such Class; (vii) to the Basis Risk Reserve Fund, any Required Basis Risk Reserve Fund Deposit; (viii) to the Class V-X Certificates, the Class V-X Distributable Amount for such Distribution Date together with any amounts withdrawn from the Basis Risk Reserve Fund for distribution to such Class V-X Certificates pursuant to Sections 4.07(b) and (e); and (ix) to the Class AR Certificates, any remaining amount; provided, however that any amount that would be distributable pursuant to this priority (ix) shall not be paid with respect to the Class AR Certificates but shall be paid instead with respect to the Class V-X Certificates pursuant to a contract that exists under this Agreement between the Class AR Certificateholders and the Class V-X Certificateholders.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass THR Certs Series 2002-Ar33)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestand the Class C-M-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, the Group 1 Senior Principal Distribution Amount for that Distribution Date remaining after making the payments specified in clause (A) above, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1C-A-6 M-1 Certificates, pro rata based on its Class Principal BalancesBalance with respect to the Class 1-A-1 Certificates and the Class C-M-1 Group 1 Component Balance with respect to the Class C-M-1 Certificates, in each case immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 52 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, to the Class 2-A-1 and Class 2-A-2 Certificates, as principal, the Group 2 Senior Principal Distribution Amount, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;. (fc) with respect to the Group 3 Certificates, and from the Available Distribution Amount relating to Loan Group 3: (i) first, concurrently, to the Group 3 Certificates and the Class C-BM-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, to the Class AR 3-A-1 and Class C-M-1 Certificates, pro rata based on its Class Principal Balance with respect to the Class 3-A-1 Certificates and the Class C-M-1 Group 3 Component Balance with respect to the Class C-M-1 Certificates, in each case immediately prior to such Distribution Date, until their respective Class Principal Balances have been reduced to zero. (d) with respect to the Class C-B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 2 and Loan Group 5 3 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), Sections 4.01(I)(A)(a) through (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 2 and Group 5 3 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(d)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2 and Loan Group 3, (to the extent that such amount is held by Subsidiary REMIC 1I), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, 2 and Loan Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates 3 (to the extent that such amount is held by Subsidiary REMIC 1III), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group Class C-B, Class A-X M-1 and Class C-X B Certificates shall be reduced by the Trust Administrator by, by the related Class’s 's pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; Date and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group 1, Group 2 and Group 3 Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s 's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup 1, Group 2 or Group 3 Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group 1, Group 2 or Group 3 Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group 1, Group 2 or Group 3 Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for the Class C-M-1 Certificates with respect to Loan Group 1 or Loan Group 3, such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on the Class C-M-1 Group 1 Component Balance and Class C-M-1 Group 3 Component Balance, respectively, in each case for such Distribution Date. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Class C-B Certificates with respect to Loan Group 1, Loan Group 2 or Loan Group 3, such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class's proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Class C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments shall be made to any Class or Classes of Class C-B Certificates junior to such Class (the "Restricted Classes") and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments shall be allocated among the remaining Classes of Class C-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination of Loan Group 1, Loan Group 2 and Loan Group 3 in excess of the Par Value to the holder of the Class AR-L Certificate. (II) With respect to the Group 4 Certificates: (a) On each Distribution Date or, in the case of payments to the Supplemental Interest Trust, on the related Swap Payment Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) to the Supplemental Interest Trust for payment to the Swap Counterparty, an amount equal to the Swap Fee Amount and any Swap Termination Payment not due to a Swap Counterparty Trigger Event for such Distribution Date and any Swap Termination Payment not due to a Swap Counterparty Trigger Event remaining unpaid from a prior Swap Payment Date; (ii) to the Group 4 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iii) to the Class 4-M-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iv) to the Class 4-M-2 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (v) to the Class 4-M-3 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (vi) to the Class 4-M-4 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (vii) to the Class 4-M-5 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (viii) to the Class 4-M-6 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (ix) to the Class 4-M-7 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (x) to the Class 4-M-8 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (xi) to the Class 4-M-9 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (xii) to the Class 4-B-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; and (xiii) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date or, in the case of payments to the Supplemental Interest Trust, on the related Swap Payment Date, (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 4 for such date in the following order of priority: (i) to the Supplemental Interest Trust for payment to the Swap Counterparty, any Swap Termination Payment not due to a Swap Counterparty Trigger Event for such Swap Payment Date or remaining unpaid from any prior Swap Payment Date, to the extent remaining unpaid after giving effect to the distributions of the Interest Remittance Amount set forth in Section 4.01(II)(a) hereof for such Swap Payment Date; (ii) to the Group 4 Senior Certificates, pro rata, weighted based on the aggregate Class Principal Balance of four groups of classes (the Class 4-A-1-1 and Class 4-A-1-2 Certificates as the first group, the Class 4-A-2 Certificates as the second group, the Class 4-A-3-1, Class 4-A-3-2 and Class 4-A-3-3 Certificates as the third group and the Class 4-A-4 Certificates as the fourth group), as follows: (1) the pro rata portion of the Principal Payment Amount allocated to the Class 4-A-1-1 and Class 4-A-1-2 Certificates, to the Class 4-A-1-1 and Class 4-A-1-2 Certificates, pro rata, weighted based on the Class Principal Balance with respect the Class 4-A-1-1 Certificates and the Class 4-A-1-2 Adjusted Class Principal Balance with respect to the Class 4-A-1-2 Certificates, until their respective Class Principal Balances have been reduced to zero; (2) the pro rata portion of the Principal Payment Amount allocated to the Class 4-A-2 Certificates, to the Class 4-A-2 Certificates, until its Class Principal Balance has been reduced to zero; (3) the pro rata portion of the Principal Payment Amount allocated to the Class 4-A-3-1, Class 4-A-3-2 and Class 4-A-3-3 Certificates, sequentially to the Class 4-A-3-1, Class 4-A-3-2 and Class 4-A-3-3 Certificates, in that order, in each case until its Class Principal Balance has been reduced to zero; and (4) the pro rata portion of the Principal Payment Amount allocated to the Class 4-A-4 Certificates, to the Class 4-A-4 Certificates, until its Class Principal Balance has been reduced to zero; (iii) to the Class 4-M-1 Certificates, until its Class Principal Balance has been reduced to zero; (iv) to the Class 4-M-2 Certificates, until its Class Principal Balance has been reduced to zero; (v) to the Class 4-M-3 Certificates, until its Class Principal Balance has been reduced to zero; (vi) to the Class 4-M-4 Certificates, until its Class Principal Balance has been reduced to zero; (vii) to the Class 4-M-5 Certificates, until its Class Principal Balance has been reduced to zero; (viii) to the Class 4-M-6 Certificates, until its Class Principal Balance has been reduced to zero; (ix) to the Class 4-M-7 Certificates, until its Class Principal Balance has been reduced to zero; (x) to the Class 4-M-8 Certificates, until its Class Principal Balance has been reduced to zero; (xi) to the Class 4-M-9 Certificates, until its Class Principal Balance has been reduced to zero; (xii) to the Class 4-B-1 Certificates, until its Class Principal Balance has been reduced to zero; and (xiii) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided i

Appears in 1 contract

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

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator Trustee shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1I: (i) first, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interestI Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for each such Class for such Distribution Date, any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 1, in I remaining after giving effect to the following order of priority; (Adistributions pursuant to Section 4.01(A)(a)(i) firstabove, to the Class AR and Class ARI-L A-1 Certificates, pro rata based on the Group I Senior Principal Distribution Amount, until its Class Principal Balances, until their respective Class Principal Balances are Balance has been reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero;. (b) with respect to the Group 2 and Class A-X II Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2II: (i) first, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X II Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of for each such shortfall; provided howeverClass for such Distribution Date, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 5II remaining after giving effect to the distributions pursuant to Section 4.01(A)(b)(i) above, pro rata based on sequentially, first, to the Class AR Certificates, and second, to the Class II-A-1 Certificates, the Group II Senior Principal BalancesDistribution Amount, until their the respective Class Principal Balances are Balance of each such Class has been reduced to zero;. (c) with respect to the Group III Certificates, and from the Available Distribution Amount relating to Loan Group III: (i) first, subject to Section 4.01(B) below, to the Group III Certificates, an amount allocable to interest equal to the Interest Distribution Amount for each such Class for such Distribution Date, any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group III remaining after giving effect to the distributions pursuant to Section 4.01(A)(c)(i) above, to the Class III-A-1 Certificates, the Group III Senior Principal Distribution Amount, until its Class Principal Balance has been reduced to zero. (d) with respect to the Group IV Certificates, from the Available Distribution Amount relating to Loan Group IV: (i) first, subject to Section 4.01(B) below, to the Group IV Certificates, an amount allocable to interest equal to the Interest Distribution Amount for each such Class for such Distribution Date, any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group IV remaining after giving effect to the distributions pursuant to Section 4.01(A)(d)(i) above, to the Group IV Certificates, the Group IV Senior Principal Distribution Amount, until its Class Principal Balance has been reduced to zero. (e) with respect to the Group V Certificates, from the Available Distribution Amount relating to Loan Group V: (i) first, subject to Section 4.01(B) below, to the Group V Certificates, an amount allocable to interest equal to the Interest Distribution Amount for each such Class for such Distribution Date, any shortfall being allocated pro rata between such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group V remaining after giving effect to the distributions pursuant to Section 4.01(A)(e)(i) above, to the Class V-A-1 Certificates, the Group V Senior Principal Distribution Amount, until its Class Principal Balance has been reduced to zero. (f) with respect to the Group C-B, B and Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section Sections 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C(C) below, and further subject to any payments to the Group 1I, Group 2II, Group 3III, Group 4 IV and Group 5 V Certificates pursuant to as described in Section 4.06, to the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net unreimbursed Realized Losses for such previously allocated to that Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group C-B Certificates; and (xiv) fourteenthto the Class AR Certificates, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, Trustee by the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar monthrelated Prepayment Period, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan that became subject to a Bankruptcy Loss during the related Prepayment Period, the interest portion of the related Debt Service Reduction or a reduction of interest resulting from a Deficient Valuation, (C) each Relief Act Reduction for any Mortgage Loan incurred during the related Prepayment Period and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan that became a Fraud Loan during the related Prepayment Period the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Group C-B Certificates with respect to each Loan Group such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Group C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Group C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Group C-B Certificates, pro rata, based upon their respective Class Principal Balances.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Acceptance Corp Mort Pa THR Cert Ser 2002-Ftb1)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, to the Class I-P Certificates, the Class I-P Principal Distribution Amount; (ii) second, subject to Section 4.01(B) below, concurrently, to the Group 1 I Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) secondthird, to the Group 1 I Certificates entitled to principalprincipal (other than the Class I-P Certificates), the Group I Senior Principal Distribution Amount for Loan Group 1Amount, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;; and (B) second, to the Class 1I-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 A-1 Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (b) with respect to the Group 2 and Class A-X II Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) belowII: (i) first, to the Group 4 Class II-P Certificates, an amount allocable to interest equal to the related Interest Class II-P Principal Distribution Amount; and; (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X CertificatesII Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable Group II Certificates entitled to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; principal (iv) fourth, to other than the Class CII-B-2 P Certificates), an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available II Senior Principal Distribution Amount, to in the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any following order of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as followspriority: (iA) first, concurrently, to the Group 1 following Certificates entitled to interest, an amount allocable to interest equal in the following order: (1) 45.▇▇▇▇▇▇▇▇▇▇% to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to Class II-A-4 Certificates, until the amount Class Principal Balance of the Interest Distribution Amount that would have Class II-A-4 Certificates has been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass THR Cert Ser 2002-30)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5, Group 6, Group 7 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1-A-6 A-2 Certificates, pro rata based on their respect Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;. (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A2-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any such Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction RuleDate; and (ii) second, to on each Distribution Date, from the Group 2 Certificates, the Senior Principal Available Distribution Amount for Loan Group 22 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, in the following order of priority; (A) firstas principal, to the Class 2-A-4A-1 Certificates, the Group 2 Priority Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero;. (c) with respect to the Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A3-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among Amount for such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributionsDate; and (ii) second, to on each Distribution Date, from the Group 3 Certificates entitled to principal, the Senior Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, as principal, to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on the Group 3 Senior Principal Distribution Amount, until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Class 4-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution AmountAmount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-2 and Class 4-A-3 A-1 Certificates, as principal, the Group 4 Senior Principal Distribution Amount for Loan Group 4Amount, pro rata based on until the Class Principal Balances, until their respective Balance of such Class Principal Balances are is reduced to zero;. (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C5-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among Amount for such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfallDate; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(e)(i) above, to the Class 5-A-2 and Class 5-A-3 A-1 Certificates, as principal, the Group 5 Senior Principal Distribution Amount for Loan Group 5Amount, pro rata based on until the Class Principal Balances, until their respective Balance of such Class Principal Balances are is reduced to zero;. (f) with respect to the Group 6 Certificates, and from the Available Distribution Amount relating to Loan Group 6: (i) first, to the Class 6-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 6 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(f)(i) above, to the Class 6-A-1 Certificates, as principal, the Group 6 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (g) with respect to the Group 7 Certificates, and from the Available Distribution Amount relating to Loan Group 7: (i) first, to the Class 7-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 7 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(g)(i) above, to the Class 7-A-1 Certificates, as principal, the Group 7 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (h) with respect to the Group C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 4, Loan Group 5, Loan Group 6 and Loan Group 5 7 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), Sections 4.01(I)(A)(a) through (b), (c), (d) and (eg) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 4, Group 5, Group 6 and Group 5 7 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenthto the Class C-B-7 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xiv) to the Class C-B-7 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Principal Balance of Class C-B-7 Certificates has been reduced to zero; (xv) to the Class C-B-8 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xvi) to the Class C-B-8 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Principal Balance of Class C-B-8 Certificates has been reduced to zero; (xvii) to the Class C-B-9 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xviii) to the Class C-B-9 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Principal Balance of Class C-B-9 Certificates has been reduced to zero; (xix) to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 B-5, Class C-B-6, Class C-B-7, Class C-B-8 and Class C-B-6 B-9 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(i)(xix) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xivxx) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5, Loan Group 6 and Loan Group 7 (to the extent that such amount is held by Subsidiary REMIC 1I or REMIC II), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, Loan Group 3, Loan Group 4 4, Loan Group 5, Loan Group 6 and Loan Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates 7 (to the extent that such amount is held by Subsidiary REMIC 1III or REMIC IV), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B6, Class A-X Group 7 and Class C-X B Certificates shall be reduced by the Trust Administrator by, by the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4, Group 5, Group 6 or Group 7 Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup 1, Group 2, Group 3, Group 4, Group 5, Group 6 or Group 7 Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group 1, Group 2, Group 3, Group 4, Group 5, Group 6 or Group 7 Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4, Group 5, Group 6 or Group 7 Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Class C-B Certificates with respect to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5, Loan Group 6 or Loan Group 7 such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Class C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Class C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Class C-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination of Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5, Loan Group 6 and Loan Group 7 in excess of the Par Value to the holder of the Class AR-L Certificate. (II) With respect to the Group 8 Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) from the Interest Remittance Amount for Loan Group 8A and Loan Group 8B, to the Group 8 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for such Class and such Distribution Date, applied to the Group 8 Senior Certificates as follows: (1) amounts distributed to the Group 8A Senior Certificates will reduce the Interest Remittance Amount for Loan Group 8A before any reduction to the Interest Remittance Amounts for Loan Group 8B in respect of such distribution; and (2) amounts distributed to the Group 8B Senior Certificates will reduce the Interest Remittance Amount for Loan Group 8B before any reduction to the Interest Remittance Amounts for Loan Group 8A in respect of such distribution; (ii) first, from the Interest Remittance Amount for Loan Group 8B and then from the Interest Remittance Amount for Loan Group 8A, to the Class 8-M-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iii) first, from the Interest Remittance Amount for Loan Group 8B and then from the Interest Remittance Amount for Loan Group 8A, to the Class 8-M-2 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iv) first, from the Interest Remittance Amount for Loan Group 8B and then from the Interest Remittance Amount for Loan Group 8A, to the Class 8-M-3 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (v) first, from the Interest Remittance Amount for Loan Group 8B and then from the Interest Remittance Amount for Loan Group 8A, to the Class 8-M-4 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; and (vi) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 8 for such date in the following order of priority: (i) to the Group 8 Senior Certificates, concurrently, as follows: (1) from the Principal Remittance Amount for Loan Group 8A, , plus with respect to the Group 8A Senior Certificates and the Distribution Date in June 2005, the amount remaining, if any, on deposit in the Group 8A Prefunding Account at the end of the Prefunding Period, exclusive of investment income thereon, sequentially, first (x) to the Group 8A Senior Certificates in the order and priority described in Section 4.01(II)(f), until their respective Class Prin

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-3)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1I, subject to Section 4.01(B) below: (i) first, to the Class I-P Certificates, the Class P Principal Distribution Amount for Loan Group 1 I; (ii) second, concurrently, to the Group I Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) secondthird, to the Group 1 I Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1I, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1I-A-3 and Class 1-A-6 Certificates, pro rata based on the Class I-A-3 Priority Amount for that Distribution Date, until its Class Principal BalancesBalance is reduced to zero; (C) third, to the Class I-A-1 Certificates, until their respective its Class Principal Balances are Balance is reduced to zero; (D) fourth, to the Class I-A-2 Certificates, until its Class Principal Balance is reduced to zero; and (E) fifth, to the Class I-A-3 Certificates, until its Class Principal Balance is reduced to zero; (b) with respect to the Group 2 II, Class D-X-1 and Class AD-X P-1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2II, subject to Section 4.01(B) below: (i) first, to the Class D-P-1 Certificates, the Class P Principal Distribution Amount for Loan Group II; (ii) second, concurrently, to the Group 2 II Certificates entitled to interest and the Class AD-X X-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class AD-X X-1 Certificates pursuant to this Section 4.01(A)(b)(iparagraph 4.01(A)(b)(ii), only a the portion of the Class AD-X X-1 Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 II Mortgage Loans will be used to calculate these distributions; and (iiiii) secondthird, to the Group 3 II Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 CertificatesII, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (dc) with respect to the Group 4 III, Class D-X-1 and Class D-P-1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4III, subject to Section 4.01(B) below: (i) first, to the Group 4 Class D-P-1 Certificates, an amount allocable to interest equal to the related Interest Class P Principal Distribution Amount; andAmount for Loan Group III; (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 III Certificates entitled to interest and the Class CD-X X-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided that for the purposes of distributions to the Class D-X-1 Certificates pursuant to this paragraph 4.01(A)(c)(ii), only the portion of the Class D-X-1 Notional Amount derived from the Group III Mortgage Loans will be used to calculate these distributions; and (iiiii) secondthird, to the Class 5III-A-2 and Class 5-A-3 A-1 Certificates, the Senior Principal Distribution Amount for Loan Group 5III, as principal, until its Class Principal Balance is reduced to zero; (d) with respect to the Group IV, Class D-X-2 and Class D-P-2 Certificates, before the Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group IV, subject to Section 4.01(B) below: (i) first, to the Class D-P-2 Certificates, the Class P Principal Distribution Amount for Loan Group IV; (ii) second, concurrently, to the Group IV Certificates entitled to interest and the Class D-X-2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata based on among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided that for the purposes of distributions to the Class D-X-2 Certificates pursuant to this paragraph 4.01(A)(d)(ii), only the portion of the Class D-X-2 Notional Amount derived from the Group IV Mortgage Loans will be used to calculate these distributions; and (iii) third, to the Class IV-A-1 Certificates, the Senior Principal Distribution Amount for Loan Group IV, as principal, until its Class Principal BalancesBalance is reduced to zero; (e) with respect to the Group V, Class D-X-2 and Class D-P-2 Certificates, before the Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group V, subject to Section 4.01(B) below: (i) first, to the Class D-P-2 Certificates, the Class P Principal Distribution Amount for Loan Group V; (ii) second, concurrently, to the Group V Certificates entitled to interest and the Class D-X-2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided that for the purposes of distributions to the Class D-X-2 Certificates pursuant to this paragraph 4.01(A)(e)(ii), only the portion of the Class D-X-2 Notional Amount derived from the Group V Mortgage Loans will be used to calculate these distributions; and (iii) third, to the Class V-A-1 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group V, until their respective its Class Principal Balances are Balance is reduced to zero; (f) with respect to the Class I-P, Class D-P-1, Class D-P-2, Group CD-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to each Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1I, Group 2II, Group 3III, Group 4 IV and Group 5 V Certificates pursuant to Section 4.06: (i) first, concurrently, (A) to the Class I-P Certificates, first, to the extent of PO Recoveries for Loan Group I and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group I incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(f)(i)(A) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(i)(A) will not cause a further reduction in the Class Principal Balance of the Class I-P Certificates; (B) to the Class D-P-1 Certificates, first, to the extent of PO Recoveries for Loan Group II and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group II incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(f)(i)(B) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(i)(B) will not cause a further reduction in the Class Principal Balance of the Class D-P-1 Certificates; (C) to the Class D-P-1 Certificates, first, to the extent of PO Recoveries for Loan Group III and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group III incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(f)(i)(C) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(i)(C) will not cause a further reduction in the Class Principal Balance of the Class D-P-1 Certificates; (D) to the Class D-P-2 Certificates, first, to the extent of PO Recoveries for Loan Group IV and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group IV incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(f)(i)(D) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(i)(D) will not cause a further reduction in the Class Principal Balance of the Class D-P-2 Certificates; (E) to the Class D-P-2 Certificates, first, to the extent of PO Recoveries for Loan Group V and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group V incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(f)(i)(E) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(i)(E) will not cause a further reduction in the Class Principal Balance of the Class D-P-2 Certificates; provided, however, that if the amount otherwise available to pay the Group D-B Principal Distribution Amount is insufficient to pay the Class I-P, Class D-P-1 and Class D-P-2 Certificates (after application of the related PO Recoveries, if any) the full amount of distributions to which such Classes are entitled pursuant to Section 4.01(A)(f)(i), then that amount shall be paid to the Class I-P, Class D-P-1 and Class D-P-2 Certificates, pro rata, based on the amounts such Classes are entitled to receive pursuant to Section 4.01(A)(f)(i); (ii) second, to the Class D-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iiiii) secondthird, to the Class CD-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class Principal Balance is reduced to zero; (iiiiv) thirdfourth, to the Class CD-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ivv) fourthfifth, to the Class CD-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class Principal Balance is reduced to zero; (vvi) fifthsixth, to the Class CD-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vivii) sixthseventh, to the Class CD-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class Principal Balance is reduced to zero; (viiviii) seventheighth, to the Class CD-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viiiix) eighthninth, to the Class CD-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class Principal Balance is reduced to zero; (ixx) ninthtenth, to the Class CD-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xxi) tentheleventh, to the Class CD-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class Principal Balance is reduced to zero; (xixii) eleventhtwelfth, to the Class CD-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xiixiii) twelfththirteenth, to the Class CD-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class Principal Balance is reduced to zero; (xiiixiv) thirteenthfourteenth, to the Class CD-B-1, Class CD-B-2, Class CD-B-3, Class CD-B-4, Class CD-B-5 and Class CD-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii4.01(A)(f)(xiv) will not cause a further reduction in the Class Principal Balances of any of the Group CD-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Thru Cert Series 2004-1)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to withdraw the Group 1 CertificatesAvailable Funds, before the related Credit Support Depletion Date Group 2 Available Funds and the Group 3 Available Funds from the Distribution Account and, pursuant to instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first, as a deemed distribution in respect of the Lower-Tier REMIC Regular Interests, as provided for in Section 4.02(f), and then to distributions on the Certificates in the following order and priority and, in each case, to the extent of the remaining Group 1 Available Distribution Amount relating to Loan Funds, the Group 12 Available Funds and the Group 3 Available Funds, subject to adjustment in accordance with Section 4.01(B) below:4.02(e): (i) With respect to the Class 1-A-1, the Class 2-A-1 Certificates, the Class 3-A-1 Certificates, the Class A-R Certificates and the Class A-LR Certificates: first, (A) from the Group 1 Available Funds, to the Group 1 Class 1-A-1, Class A-R Certificates entitled to interestand the Class A-LR Certificates, pro rata based on their respective Certificate Principal Balances, an amount allocable to interest equal to the related Interest Distribution AmountAccrued Certificate Interest; (B) from the Group 2 Available Funds, to the Class 2-A-1 Certificates, an amount allocable to interest equal to the related Accrued Certificate Interest; and (C) from the Group 3 Available Funds, to the Class 3-A-1 Certificates, an amount allocable to interest equal to the related Accrued Certificate Interest; in each case ((A) through (C) of this paragraph), any shortfall being shall be allocated pro rata among such Classes in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority;, (A) firstfrom the Group 1 Available Funds, first to the Class AR A-R Certificates and the Class ARA-L LR Certificates, pro rata rata, based on Class upon their respective Certificate Principal Balances, and then to the Class 1-A-1 Certificates, on each Distribution Date, the Group 1 Formula Principal Amount, up to the amount of the Group 1 Optimal Principal Amount for such Distribution Date, until their respective the Class Principal Balances are Balance of each such Class has been reduced to zero; (B) second, to the Class 12-A-1A-1 Certificates on each Distribution Date, Class 1-A-2the Group 2 Formula Principal Amount, Class 1-A-3 and Class 1-A-6 Certificatesup to the amount of the Group 2 Optimal Principal Amount for such Distribution Date, pro rata based on until the Class Principal BalancesBalance of such Class has been reduced to zero; and (C) to the Class 3-A-1 Certificates on each Distribution Date, the Group 3 Formula Principal Amount, up to the amount of the Group 3 Optimal Principal Amount for such Distribution Date until their respective the Class Principal Balances are Balance of such Class has been reduced to zero; (bii) with respect to each Class of Junior Certificates from the remaining Group 1 Available Funds, the Group 2 Available Funds and Class A-X Certificates, before the related Credit Support Depletion Date and from the Group 3 Available Distribution Amount relating to Loan Group 2Funds, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed adjustments in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (iiSections 4.02(d) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2and 4.02(e), in the following order of priority;: (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance thereof is reduced to zero; (iiiC) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance thereof is reduced to zero; (vE) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the amount of the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance is thereof has been reduced to zero; (viiG) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the amount of the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance is thereof has been reduced to zero; (ixI) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance thereof is reduced to zero; (xiK) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date;; and (xiiL) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance thereof is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant R Certificate, any remaining funds in the Upper-Tier REMIC and to this the Class A-LR Certificate, any remaining funds in the Lower-Tier REMIC. Pro rata distributions among classes of certificates are required to be made in proportion to the then current Certificate Principal Balances of the classes. (b) On each Distribution Date on or after the Cross-Over Date, notwithstanding the allocation and priority set forth in Section 4.01(A)(i)(i)4.02(a)(i) item second, only the portion of the Group 1 Available Funds available to be distributed as principal to the Class 1-A-1, Class A-X Notional Amount derived from the Group 3 Mortgage Loans will R and Class A-LR Certificates shall be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3distributed concurrently, as principal, on such Classes, pro rata based rata, on the basis of their respective Class Principal Balances, until their respective the Class Principal Balances is thereof are reduced to zero; and. (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bc) On each Distribution Date, the amount referred to in clause (i) of the definition of Accrued Certificate Interest Distribution Amount for each Class of Certificates for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, (i) the related Class’s ' pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group based on such Class' Accrued Certificate Interest for such Distribution Date; Date without taking into account such Net Prepayment Interest Shortfalls and (ii) the related Class' Pro Rata Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Net Mortgage Rate on the Stated Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction incurred during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month's interest at the related Net Mortgage Rate on the Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (d) Notwithstanding the priority and allocation contained in Section 4.02(a)(ii) if with respect to any Class of Junior Certificates on any Distribution Date, (i) such Class has not satisfied the Class Prepayment Distribution Trigger, no distribution of amounts pursuant to clauses (ii) and (iii) of the definition of Junior Optimal Principal Amount will be made to any such Classes (the "Restricted Classes") and the amount of such amounts pursuant to clauses (ii) and (iii) of the definition of Junior Optimal Principal Amount otherwise distributable to the Restricted Classes shall be distributed to any Classes of Junior Certificates, which are not Restricted Classes, having lower numerical Class designations than such Class, pro rata, based on their respective Class Principal Balances immediately prior to such Distribution Date and shall be distributed in the sequential order provided in Section 4.02(a)(ii); provided, however, that if all of the Junior Certificates are Restricted Classes, then such amounts shall be distributed to the most senior Class of Junior Certificates outstanding and (ii) such Class has not satisfied the Two Times Test, the Classes of Junior Certificates that have higher numerical designations shall receive, in respect of clauses (ii) and (iii) of the definition of Junior Optimal Principal Amount, an amount equal to the product of (i) their pro rata shares (based on the Certificate Principal Balances of all Junior Certificates that are entitled to receive principal distributions on such date) and (ii) the percentages set forth in the following table: DISTRIBUTION DATE OCCURRING IN PERCENTAGE ------------------------------ ----------

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-4)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5, Group 6 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 A-1 Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A2-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any such Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction RuleDate; and (ii) second, to on each Distribution Date, from the Group 2 Certificates, the Senior Principal Available Distribution Amount for Loan Group 22 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, in the following order of priority; (A) firstas principal, to the Class 2-A-4A-1 Certificates, the Group 2 Priority Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero;. (c) with respect to the Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A3-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among Amount for such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributionsDate; and (ii) second, to on each Distribution Date, from the Group 3 Certificates entitled to principal, the Senior Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, as principal, to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on the Group 3 Senior Principal Distribution Amount, until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (d) with ith respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Class 4-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution AmountAmount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-2 and Class 4-A-3 A-1 Certificates, as principal, the Group 4 Senior Principal Distribution Amount for Loan Group 4Amount, pro rata based on until the Class Principal Balances, until their respective Balance of such Class Principal Balances are is reduced to zero;. (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C5-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(e)(i) above, to the Class 5-A-1 Certificates, as principal, the Group 5 Senior Principal Distribution Amount; , until the Class Principal Balance of such Class is reduced to zero. (f) with respect to the Group 6 Certificates, and from the Available Distribution Amount relating to Loan Group 6: (i) first, concurrently, to the Group 6 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 56 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(f)(i) above, to the Class 6-A-1, Class 6-A-2-1 and Class 6-A-2-2 Certificates, as principal, the Group 6 Senior Principal Distribution Amount, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;. (fg) with respect to the Group C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 4, Loan Group 5 and Loan Group 5 6 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), Sections 4.01(I)(A)(a) through (b), (c), (d) and (eg) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 4, Group 5 and Group 5 6 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenthto the Class C-B-7 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xiv) to the Class C-B-7 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until the Class Principal Balance of Class C-B-7 Certificates has been reduced to zero; (xv) to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 B-5, Class C-B-6 and Class C-B-6 B-7 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(i)(xix) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xivxvi) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5 and Loan Group 6 (to the extent that such amount is held by Subsidiary REMIC 1I or REMIC II), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, Loan Group 3, Loan Group 4 and 4, Loan Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates and Loan Group 6 (to the extent that such amount is held by Subsidiary REMIC 1III or REMIC IV), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X 6 and Class C-X B Certificates shall be reduced by the Trust Administrator by, by the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4, Group 5 or Group 6 Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup 1, Group 2, Group 3, Group 4, Group 5 or Group 6 Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group 1, Group 2, Group 3, Group 4, Group 5 or Group 6 Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4, Group 5 or Group 6 Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Class C-B Certificates with respect to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5 or Loan Group 6 such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Class C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Class C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Class C-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination of Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5 and Loan Group 6 in excess of the Par Value to the holder of the Class AR-L Certificate. (II) ith respect to the Group 7 Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) from the Interest Remittance Amount for Loan Group 7A and Loan Group 7B, to the Group 7 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for such Class and such Distribution Date, applied to the Group 7 Senior Certificates as follows: (1) amounts distributed to the Group 7A Senior Certificates will reduce the Interest Remittance Amount for Loan Group 7A before any reduction to the Interest Remittance Amounts for Loan Group 7B in respect of such distribution; and (2) amounts distributed to the Group 7B Senior Certificates will reduce the Interest Remittance Amount for Loan Group 7B before any reduction to the Interest Remittance Amounts for Loan Group 7A in respect of such distribution; (ii) first, from the Interest Remittance Amount for Loan Group 7B and then from the Interest Remittance Amount for Loan Group 7A, to the Class 7-M-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iii) first, from the Interest Remittance Amount for Loan Group 7B and then from the Interest Remittance Amount for Loan Group 7A, to the Class 7-M-2 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iv) first, from the Interest Remittance Amount for Loan Group 7B and then from the Interest Remittance Amount for Loan Group 7A, to the Class 7-M-3 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (v) first, from the Interest Remittance Amount for Loan Group 7B and then from the Interest Remittance Amount for Loan Group 7A, to the Class 7-M-4 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; and (vi) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 7 for such date in the following order of priority: (i) to the Group 7 Senior Certificates, concurrently, as follows: (1) from the Principal Remittance Amount for Loan Group 7A, sequentially, first (x) to the Group 7A Senior Certificates in the order and priority described in Section 4.01(II)(f), until their respective Class Principal Balances are reduced to zero, and then (y) pro rata, weighted based on the aggregate Class Principal Balances of such groups of classes after taking into account principal distributions from Loan Group 7B on such Distribution Date (the Class 7-A-2 Certificates as one group, the Class 7-A-3-1 and Class 7-A-3-2 Certificates in the aggregate as one group and the Class 7-A-4 Certificates as one group), as follows: (A) to the Class 7-A-2 Certificates, until its Class Principal Balance is reduced to zero; (B) sequentially, to the Class 7-A-3-1 and Class 7-A-3-2 Certificates, in that order, until their respective Class Principal Balances are reduced to zero; and (C) to the Class 7-A-4 Certificates, until its Class Principal Balance is reduced to zero; and (2) from the Principal Remittance Amount for Loan Group 7B, plus with respect to the Group 7B Senior Certificates and the Distribution Date in July 2005, the amount remaining, if any, on deposit in the Prefunding Account at the end of the Prefunding Period, exclusive of investment income thereon, sequentially, first (x) pro rata, weighted based on the aggregate Class Principal Balances of such groups of classes after taking into account principal distributions from Loan Group 7B on such Distribution Date (the Class 7-A-2 Certificates as one group, the Class 7-A-3-1 and Class 7-A-3-2 Certificates in the aggregate as one group and the Class 7-A-4 Certificates as one group), as follows: (A) to the Class 7-A-2 Certificates, until its Class Principal Balance is reduced to zero; (B) sequentially, to the Class 7-A-3-1 and Class 7-

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-4)

Priorities of Distribution. (A1) On With respect to the Available Funds for each Loan Group, on each Distribution Date, the Trust Administrator Trustee shall determine withdraw such Available Funds from the amounts Distribution Account and apply such funds to be distributed to distributions on the specified Classes of Senior Certificates in the related Senior Certificate Group in the following order and priority and, in each Class of Certificates as follows: (a) with respect case, to the Group 1 Certificates, before the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Funds for such Loan Group 1, subject to Section 4.01(B) belowremaining: (i) firstconcurrently, to each interest-bearing Class and Component of Senior Certificates in such Senior Certificate Group (for the Group 1 Certificates entitled to interestpurposes of clarification, other than any Principal Only Component), an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes and Component in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided, however, that the amount of interest otherwise distributable to any Senior Class X Variable Strip Certificates shall be deposited into the Carryover Shortfall Reserve Fund and shall be distributed in accordance with Section 4.02(a)(4); and (ii) secondto each Class of Senior LIBOR Certificates in the related Senior Certificate Group, the Principal and Interest Component of the Class X Variable Strip Certificates in the related Senior Certificate Group, the Principal Only Component of the Class X Fixed Strip Certificates, if any, in the related Senior Certificate Group, and in the case of Loan Group 1, to the Group 1 Certificates entitled Class A-R Certificates, the related Principal Amount, up to principal, the amount of the Senior Principal Distribution Amount for such Loan Group 1for such Distribution Date, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 21, subject to Section 4.01(B) belowsequentially as follows: (i1) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 R Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Certificate Balance is reduced to zero; (2) to the Class 1-A-1 Certificates, until its Class Certificate Balance are reduced to zero; (3) to the Class 1-X-2 P Component, until its Component Principal Balance is reduced to zero; and (4) to the Class 1-X-1 P Component, until its Component Principal Balance is reduced to zero. (B) secondwith respect to Loan Group 2, sequentially as follows: (1) to the Class 2-A-1 Certificates, until its Class Certificate Balance are reduced to zero; and (2) to the Class 2-X P Component, until its Component Principal Balance is reduced to zero. (C) with respect to Loan Group 3, sequentially as follows: (1) to the Class 3-A-1 Certificates, until its Class Certificate Balance are reduced to zero; (2) to the Class 3-X-2 P Component, until its Component Principal Balance is reduced to zero; and (3) to the Class 3-X-1 P Component, until its Component Principal Balance is reduced to zero. (D) with respect to Loan Group 4, sequentially as follows: (1) concurrently, to the Class 4-A-1 and Class 4-A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; (2) to the Class 4-X-2 P Component, until its Component Principal Balance is reduced to zero; and (3) to the Class 4-X-1 P Component, until its Component Principal Balance is reduced to zero. (E) with respect to Loan Group 5, sequentially as follows: (1) to the Class 5-A-1 Certificates, until its Class Certificate Balance is reduced to zero; and (2) to the Class 5-X P Component, until its Component Principal Balance is reduced to zero. (F) with respect to Loan Group 6, sequentially as follows: (1) concurrently, to the Class 6-A-1, Class 6-A-2 and Class 6-A-3 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; and (2) to the Class 6-X P Component, until its Component Principal Balance is reduced to zero. (2) On each Distribution Date, Available Funds from each Loan Group remaining after making the distributions described in Section 4.02(a)(1) will be distributed to the Senior Certificates to the extent of any shortfalls remaining in the amounts to be distributed pursuant to Section 4.05 hereof. (3) On each Distribution Date, Available Funds from each Loan Group remaining after making the distributions described in Section 4.02(a)(1) and Section 4.02(a)(2), will be distributed to the Subordinated Certificates and the Class A-R Certificates in the following order and priority and, in each case, to the extent of such funds remaining: (A) to the Class M-X IO and Class M-X P Components, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; provided, however, that the amount of interest otherwise distributable to the Class M-X IO Component shall be deposited into the Carryover Shortfall Reserve Fund and shall be distributed in accordance with Section 4.02(a)(4); and (B) to the Class M-X P Component, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Component Principal Balance thereof is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X M Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Optimal Interest Distribution Amount for such Class for such Distribution Date; (iiD) second, to the Class C-M Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (E) to the Class B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (F) to the Class B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (iiiG) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (ivH) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (vI) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viJ) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (viiK) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viiiL) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (ixM) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date;; and (xN) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Certificate Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance thereof is reduced to zero; and (iiiO) third, after any payments to the Group 1Class A-R Certificates, Group 3any remaining funds in the Trust Fund. (4) On each Distribution Date, Group 4 and Group 5 Certificates any amounts deposited in the Carryover Shortfall Reserve Fund pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i4.02(a)(1)(i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 and Section 4.02(a)(3)(A) hereof will be made with respect to distributed, sequentially, in the Group 3, Class A-X, Class AR and Class AR-L Certificates as followsfollowing order of priority: (i) firstfrom amounts deposited in the Carryover Shortfall Reserve Fund from amounts allocated to any Class of Senior Class X Variable Strip Certificates on that Distribution Date pursuant to Section 4.02(a)(1)(i), sequentially, as follows (x) concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to Senior LIBOR Certificates in the related Interest Distribution Amount; any shortfall being allocated Senior Certificate Group (to be distributed pro rata among such Classes in proportion if there is more than one such Class of Senior LIBOR Certificates, based on the Carryover Shortfall Amount allocated to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(iClasses), only the portion in an amount up to their respective Carryover Shortfall Amounts with respect to each such Class of the Certificates and (y) to such Class A-of Senior Class X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions;Variable Strip Certificates, any remaining amount; and (ii) secondfrom amounts deposited in the Carryover Shortfall Reserve Fund from amounts allocated to the Class M-X Certificates on that Distribution Date pursuant to Section 4.02(a)(3)(A), sequentially, as follows (x) sequentially, to the Group 3 Class M, Class B-1, Class B-2, Class B-3, Class B-4 and Class B-5 Certificates, in that order, in an amount up to their respective Carryover Shortfall Amounts with respect to each such Class of Certificates entitled and (y) to principalthe Class M-X Certificates, any remaining amount. (b) On the first Distribution Date following the Distribution Date on which the aggregate Class Certificate Balance of the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances Certificates is reduced to zero; and, the funds held in the Class C Distribution Account shall be distributed to the holders of the Class of Certificates. (iiic) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);[reserved]. (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bd) On each Distribution Date, the amount referred to in clause (i) of the definition of Class Optimal Interest Distribution Amount for each Class of Certificates or Component thereof for such Distribution Date shall be reduced for each Class or Component of Senior Certificates of a Senior Certificate Group and each Class of Subordinated Certificates by (i) the related Class' pro rata share of Net Prepayment Interest Shortfalls for such Loan Group based (x) with respect to a Class of Senior Certificates or Component thereof, on the related Class Optimal Interest Distribution Amount for such Distribution Date for each Date, and (y) with respect to a Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X Subordinated Certificates on and Class C-X Certificates shall be reduced by prior to the Trust Administrator byfifth Senior Termination Date on the Assumed Interest Amount or after such Senior Termination Date, the related Class’s pro rata share (based on the amount of the Class Optimal Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Distribution Date, without taking into account such Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) the related Class' Allocable Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group (or after the Senior Credit Support Depletion Date, any Mortgage Loan) that became subject to a Special Hazard Mortgage Loan Debt Service Reduction during the prior calendar monthmonth preceding the month of such Distribution Date, the excess interest portion of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, Debt Service Reduction and (B) each Relief Act Reduction for the Mortgage Loans in the related Loan Group (or after the related Bankruptcy Coverage Termination Senior Credit Support Depletion Date, any Mortgage Loan) incurred during the calendar month preceding the month of such Distribution Date. (e) Notwithstanding the priority and allocation contained in Section 4.02(a)(3), if, on any Distribution Date, with respect to any Class of Subordinated Certificates (other than the Class of Subordinated Certificates then outstanding with the highest priority of distribution), the sum of the related Class Subordination Percentages of such Class and of all Classes of Subordinated Certificates which have a higher numerical Class designation than such Class (the "Applicable Credit Support Percentage") is less than the Original Applicable Credit Support Percentage for such Class, no distribution of the Net Principal Prepayment Amount for any Loan Group will be made to any such Classes (the "Restricted Classes") and the Net Principal Prepayment Amount from each MortgagLoan Group otherwise distributable to the Restricted Classes shall be distributed to any Classes of Subordinated Certificates having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order provided in Section 4.02(a)(3). (f) If Subsequent Recoveries have been received with respect to a Liquidated Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Certificate Balance or Component Principal Balance of each Class of Certificates or Component thereof to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates or Component pursuant to Section 4.04. Holders of such Certificates will not be entitled to any payment in respect of the Class Optimal Interest Distribution Amount on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Certificate Balance or Component Balance of each Certificate of such Class or Component thereof.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CWMBS Inc)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds from the Distribution Account and apply such funds to be distributed to distributions on the specified Classes of Senior Certificates in the following order and priority and, in each Class of Certificates as follows: (a) with respect case, to the Group 1 Certificates, before the related Credit Support Depletion Date and from extent of the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) firstconcurrently, to the Group 1 Certificates entitled to each interest-bearing Class and Component of Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes and Component in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided, however, that the amount of interest otherwise distributable to the Class X Certificates shall be deposited into the Carryover Shortfall Reserve Fund and shall be distributed in accordance with Section 4.09; and (ii) secondto each Class of Senior Certificates, the related Principal Amount, up to the Group 1 Certificates entitled to principal, amount of the Senior Principal Distribution Amount for Loan Group 1such Distribution Date, in the following order of priority;sequentially as follows: (A) firstto the Class A-R Certificates, until its Class Certificate Balance is reduced to zero; (B) concurrently; (i) 89.2755782978%, concurrently, to the ▇▇▇▇▇ ▇-▇, Class AR A-2, Class A-3 and Class AR-L A-4 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Certificate Balances are reduced to zero; and (ii) 10.7244217022%, sequentially, to the Class A-5 and Class A-6 Certificates, in that order, until their respective Class Certificate Balances are reduced to zero; (BC) secondto the Class X P Component, until its Component Principal Balances is reduced to zero; and (2) On each Distribution Date, the Available Funds remaining after making the distributions described in Section 4.02(a)(1) will be distributed to the Subordinated Certificates and the Class A-R Certificates in the following order and priority and, in each case, to the extent of such funds remaining: (A) to the Class 1M-A-1X IO Component, an amount allocable to interest equal to the Class 1Optimal Interest Distribution Amount for such Class for such Distribution Date; provided, however, that the amount of interest otherwise distributable to the Class M-A-2X IO Component shall be deposited into the Carryover Shortfall Reserve Fund and shall be distributed in accordance with Section 4.09; (B) to the Class M-X P Component, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Component Principal Balances, until their respective Class Principal Balances are Balance thereof is reduced to zero; (bC) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X M Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Optimal Interest Distribution Amount for such Class for such Distribution Date; (iiD) second, to the Class C-M Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (E) to the Class B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (F) to the Class B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (iiiG) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (ivH) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (vI) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viJ) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (viiK) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viiiL) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (ixM) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (xN) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Certificate Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance thereof is reduced to zero; and (iiiO) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06Class A-R Certificates, any remaining Available Distribution Amount, to funds in the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);Trust Fund. (ib) [Reserved]. (c) On each Distribution Date on or after the related Senior Credit Support Depletion Date, distributions of notwithstanding the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR allocation and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes priority set forth in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i4.02(a)(1)(ii), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will Available Funds available to be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, distributed as principal of the Senior Principal Distribution Amount for Loan Group 3Certificates shall be distributed concurrently, as principal, on such Classes, pro rata based rata, on the basis of their respective Class Certificate Balances or Component Principal BalancesBalance, until their respective Class Certificate Balances or Component Principal Balances is Balance are reduced to zero; and. (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bd) On each Distribution Date, the amount referred to in clause (i) of the definition of Class Optimal Interest Distribution Amount for each Class of Certificates or Component thereof for such Distribution Date shall be reduced for each Class or Component of Senior Certificates and each Class of Subordinated Certificates by (i) the related Class' pro rata share of Net Prepayment Interest Shortfalls based (x) with respect to a Class of Senior Certificates or Component thereof, on the related Class Optimal Interest Distribution Amount for such Distribution Date for each Date, and (y) with respect to a Class of Group 1Subordinated Certificates, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, on the related Class’s pro rata share (based on the amount of the Class Optimal Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Distribution Date, without taking into account such Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) the related Class' Allocable Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became subject to a Special Hazard Mortgage Loan Debt Service Reduction during the prior calendar monthmonth preceding the month of such Distribution Date, the excess interest portion of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, Debt Service Reduction and (B) after each Relief Act Reduction for the related Bankruptcy Coverage Termination Mortgage Loans incurred during the calendar month preceding the month of such Distribution Date. (e) Notwithstanding the priority and allocation contained in Section 4.02(a)(2), if, on any Distribution Date, with respect to any Class of Subordinated Certificates (other than the Class of Subordinated Certificates then outstanding with the highest priority of distribution), the sum of the related Class Subordination Percentages of such Class and of all Classes of Subordinated Certificates which have a higher numerical Class designation than such Class (the "Applicable Credit Support Percentage") is less than the Original Applicable Credit Support Percentage for such Class, no distribution of the Net Principal Prepayment Amount, will be made to any such Classes (the "Restricted Classes") and the Net Principal Prepayment Amount otherwise distributable to the Restricted Classes shall be distributed to any Classes of Subordinated Certificates having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order provided in Section 4.02(a)(2). (f) If Subsequent Recoveries have been received with respect to a Liquidated Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Certificate Balance or Component Principal Balance of each MortgagClass of Certificates or Component thereof to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates or Component pursuant to Section 4.04. Holders of such Certificates will not be entitled to any payment in respect of the Class Optimal Interest Distribution Amount on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied pro rata to the Certificate Balance or Component Balance of each Certificate of such Class or Component thereof.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Alternative Loan Trust 2005-38)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 1 Senior Certificates entitled to principal, pro rata based as follows: (A) [reserved]; and (B) on Class Principal Balances, as principaleach Distribution Date, the Senior Principal Distribution Amount for Loan Group 1, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed in the following priority: (a) to the Class A-R Certificates, until their respective its Class Principal Balances are Certificate Balance is reduced to zero; and (iiib) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06concurrently, to the Class AR1-L Certificates (A-1, Class 1-A-2 and Class 1-A-3 Certificates, pro rata, until their respective Class Certificate Balances are reduced to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (hiv) [reserved]; (2) On or after the related Credit Support Depletion each Distribution Date, distributions of the Trustee shall withdraw the Available Distribution Amount Funds for Loan Group 2 will be made with respect from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followsextent of Available Funds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[reserved]; (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountconcurrently, to the each Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC Group 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Senior Certificates as follows: (iA) first[reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 2, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Group 5 Class 2-A-1, Class 2-A-2 and Class C2-X A-3 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; (3) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 3 from the Distribution Account and apply such funds to distributions on the Group 3 Senior Certificates in the following order and priority and, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class of Group 3 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 5 3 Senior Certificates entitled to principalas follows: (A) [reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 3, up to the amount of the related Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on such Distribution Date will be distributed to the Class Principal Balances, 3-A-1 Certificates until their respective its Class Principal Balances Certificate Balance is reduced to zero; (4) On each Distribution Date, after making the distributions described in Section 4.02(a)(1), Section 4.02(a)(2) and Section 4.02(a)(3), Available Funds from each Loan Group remaining will be distributed to the Senior Certificates to the extent provided in Section 4.03; (5) On each Distribution Date, Available Funds from each Loan Group remaining after making the distributions described in Section 4.02(a)(1), Section 4.02(a)(2), Section 4.02(a)(3) and Section 4.02(a)(4) will be distributed to the Subordinated Certificates, subject to paragraph 4.02(e) below, in the following order of priority: (A) to the Class B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (B) to the Class B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (C) to the Class B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (D) to the Class B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (E) to the Class B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (F) to the Class B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (G) to the Class B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (H) to the Class B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (I) to the Class B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (J) to the Class B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (K) to the Class B-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; and (iiiL) third, after any payments to the Group 1Class B-6 Certificates, Group 2, Group 3 and Group 4 Certificates pursuant an amount allocable to Section 4.06principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (6) [reserved]; and (7) to the Class A-R Certificates, any remaining Available funds; provided, that such amounts shall not include the $200 held in trust for the Class P-1 and Class P-2 Certificates. On each Distribution AmountDate, all amounts representing Hard Prepayment Charges and Soft Prepayment Charges received during the related Prepayment Period will be distributed to the holders of the Class AR-L P-1 and Class P-2 Certificates, respectively. On the Distribution Date immediately following the expiration of the latest Prepayment Charge Period of the Mortgage Loans, the $200 held in trust for the Class P Certificates (will be distributed to the extent that such amount is held by Subsidiary REMIC 2), or to holders of the related Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);Class P Certificates. (Bb) [reserved]. (c) [reserved]. (d) On each Distribution Date, the amount referred to in clause (i) of the definition of Class Optimal Interest Distribution Amount for each Class of Certificates for such Distribution Date shall be reduced by (i) the related Class' pro rata share of Net Prepayment Interest Shortfalls based on (x) with respect to a Class of Senior Certificates, the related Class Optimal Interest Distribution Amount and (y) with respect to a Class of Subordinated Certificates on and prior to the second Senior Termination Date, the related Assumed Interest Amount for such Distribution Date or after the second Senior Termination Date, the Class Optimal Interest Distribution Amount for such Distribution Date for Date, in each Class case in the absence of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) the related Class' Allocable Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for the Mortgage Loans in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) incurred during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (e) Notwithstanding the priority and allocation contained in Section 4.02(a)(5), if, with respect to any Class of Subordinated Certificates, on any Distribution Date the sum of the related Class Subordination Percentages of such Class and of all Classes of Subordinated Certificates that have a higher numerical Class designation than such Class (the "Applicable Credit Support Percentage") is less than the Original Applicable Credit Support Percentage for such Class, no distribution of Principal Prepayments on the Mortgage Loans will be made to any such Classes (the "Restricted Classes") and the amount of such Principal Prepayments otherwise distributable to the Restricted Classes shall be distributed to the Classes of Subordinated Certificates having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order set forth in Section 4.02(a)(5). Notwithstanding the foregoing, the Class of Subordinated Certificates then outstanding with the lowest numerical class designation shall not be a Restricted Class. (f) If the amount of a Realized Loss on a Mortgage Loan in a Loan Group has been reduced by application of Subsequent Recoveries with respect to such Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Certificate Balance of each related Class of Certificates to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates pursuant to Section 4.05. Holders of such Certificates will not be entitled to any payment in respect of the Class Optimal Interest Distribution Amount on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Balance of each Certificate of such Class in accordance with its respective Percentage Interest.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac INDA Mortgage Loan Trust 2007-Ar1)

Priorities of Distribution. (I) (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, the Group 1 Senior Principal Distribution Amount for that Distribution Date remaining after making the payments specified in clause (A) above, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1-A-6 A-2 Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 52 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, the Group 2 Senior Principal Distribution Amount concurrently as follows: (A) 33.4016698773% of the Group 2 Senior Principal Distribution Amount, sequentially, to the Class 2-A-1-1, Class 2-A-2 and Class 2-A-3 Certificates, in that order, in each case until its Class Principal Balance has been reduced to zero; (B) 18.0929035781% of the Group 2 Senior Principal Distribution Amount, sequentially, to the Class 2-A-1-2, Class 2-A-2 and Class 2-A-3 Certificates, in that order, in each case until its Class Principal Balance has been reduced to zero; and (C) 48.5054265446% of the Group 2 Senior Principal Distribution Amount, sequentially, to the Class 2-A-4-1 and Class 2-A-4-2 Certificates, in that order, in each case until its Class Principal Balance has been reduced to zero. (c) with respect to the Group 3 Certificates, and from the Available Distribution Amount relating to Loan Group 3: (i) first, to the Group 3 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, the Group 3 Senior Principal Distribution Amount, as principal, to the Class 3-A-1 Certificates, until its Class Principal Balance has been reduced to zero. (d) with respect to the Group 4 Certificates, and from the Available Distribution Amount relating to Loan Group 4: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-1 and Class 4-A-2 Certificates, as principal, the Group 4 Senior Principal Distribution Amount, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;. (fe) with respect to the Group Class C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, 3 and Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), Sections 4.01(I)(A)(a) through (d) and (e) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, 3 and Group 4 and Group 5 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(e)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3 and Loan Group 4, (to the extent that such amount is held by Subsidiary REMIC 1I), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, Loan Group 3, 3 and Loan Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1III), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-11)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 1 Senior Certificates entitled to principal, pro rata based as follows: (A) [reserved]; and (B) on Class Principal Balances, as principaleach Distribution Date, the Senior Principal Distribution Amount for Loan Group 1, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Class 1-A-1 and Class 1-A-2 Certificates, pro rata, until their respective Class Principal Certificate Balances are reduced to zero; and. (iiiiv) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)[reserved]; (h2) On or after the related Credit Support Depletion each Distribution Date, distributions of the Trustee shall withdraw the Available Distribution Amount Funds for Loan Group 2 will be made with respect from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followsextent of Available Funds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[reserved]; (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountconcurrently, to the each Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC Group 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Senior Certificates as follows: (iA) first[reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 2, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Group 5 Class 2-A-1 and Class C2-X A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; (3) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 3 from the Distribution Account and apply such funds to distributions on the Group 3 Senior Certificates in the following order and priority and, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class of Group 3 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[reserved]; (iii) thirdconcurrently, after any payments to the Group 1, Group 2, each Class of Group 3 and Group 4 Senior Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates as follows: (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)A) [reserved]; (B) On on each Distribution Date, the Principal Amount for Loan Group 3, up to the amount referred to in clause (i) of the definition of Interest related Senior Principal Distribution Amount for such Distribution Date for each will be distributed, concurrently, to the Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X A-1 and Class C3-X Certificates shall be A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagzero;

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac MBS, Inc. INDA Mortgage Loan Trust 2005-Ar1)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1I, subject to Section 4.01(B) below: (i) first, to the Class I-P Certificates, the Class P Principal Distribution Amount for Loan Group 1 I; (ii) second, concurrently, to the Group I Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) secondthird, to the Group 1 I Certificates (other than the Class I-P Certificates) entitled to principal, the Senior Principal Distribution Amount for Loan Group 1I, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1I-A-1, Class 1-A-2, Class 1-A-3 A-4 and Class 1I-A-6 A-11 Certificates, the Group I Priority Amount for that Distribution Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2I-A-3 A-8 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Acceptance Corp)

Priorities of Distribution. (Ai) On each Distribution Date, the Trust Administrator shall determine withdraw the amounts Available Funds, (to the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to written instruction received from the Master Servicer as set forth in Section 4.03(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Subsidiary REMIC Regular Interests and Middle REMIC Regular Interests, as provided in the Preliminary Statement, and then to distributions on the Certificates in the following order and priority and, in each case, to the extent of such Available Funds,: first, concurrently, to the holders of the Class A Certificates, the Interest Remittance Amount, up to the Monthly Interest Distributable Amount and the Unpaid Interest Shortfall Amount, if any, for such Certificates for such Distribution Date and; second, sequentially, to the holders of the Class ▇-▇, ▇▇▇▇▇ ▇-▇, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates, in that order, the remaining Interest Remittance Amount, in an amount equal to the Monthly Interest Distributable Amount for each such class. (ii) On each Distribution Date (a) prior to the Stepdown Date or (b) on which a Trigger Event is in effect, distributions in respect of principal to the extent of the Principal Distribution Amount for such Distribution Date will be distributed, sequentially, (i) to the holders of the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates, in that order, in each case, until the Class Principal Balance thereof has been reduced to zero. (iii) On each Distribution Date (a) on or after the Stepdown Date and (b) on which a Trigger Event is not in effect, distributions in respect of principal to the extent of the Principal Distribution Amount will be distributed in the following amounts and order of priority: first, to the holders of the Class A Certificates, the Senior Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; second, to the holders of the Class M-1 Certificates, the Class M-1 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; third, to the holders of the Class M-2 Certificates, the Class M-2 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; fourth, to the holders of the Class M-3 Certificates, the Class M-3 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; fifth, to the holders of the Class M-4 Certificates, the Class M-4 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; sixth, to the holders of the Class M-5 Certificates, the Class M-5 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; seventh, to the holders of the Class M-6 Certificates, the Class M-6 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; eighth, to the holders of the Class M-7 Certificates, the Class M-7 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; ninth, to the holders of the Class M-8 Certificates, the Class M-8 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; tenth, to the holders of the Class M-9 Certificates, the Class M-9 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero; and eleventh, to the holders of the Class M-10 Certificates, the Class M-10 Principal Distribution Amount until the Class Principal Balance thereof has been reduced to zero. (b) first, (A) on each Distribution Date prior to the Distribution Date in January 2006, the Net Monthly Excess Cashflow to the Class of CE Certificates and (B) on each other Distribution Date, the Net Monthly Excess Cashflow, if any, will be distributed as follows: (ai) with respect On or after the Distribution Date in January 2006, to the Group 1 holders of the Class or Classes of Certificates then entitled to receive distributions in respect of principal pursuant to Section 4.01(a)(ii) or (iii) above, in an amount equal to any Overcollateralization Threshold Maintenance Amount for such Distribution Date, (without taking into account amounts, if any, received under the Interest Rate Swap Agreement, distributable to such holders as part of the Principal Distribution Amount), in the order of priority set forth above in Section 4.01(a)(ii) or (iii); (ii) second, sequentially, to the holders of the Class ▇-▇, ▇▇▇▇▇ ▇-▇, Class M-3, Class M-4, Class M-5, Class M-6, Class M-7, Class M-8, Class M-9 and Class M-10 Certificates, before in that order, in each case, first up to the related Credit Support Depletion Unpaid Interest Shortfall Amount for each such class and second up to the Allocated Realized Loss Amount, for each such class; (iii) third, to make payments to the Net WAC Rate Carryover Reserve Account, to the extent any Net WAC Rate Carryover Amounts are required to be distributed to the holders of the Class A Certificates and Mezzanine Certificates, without taking into account amounts, if any, received under the Interest Rate Swap Agreement; (iv) fourth, to the Swap Provider, any Swap Termination Payments resulting from a Swap Provider Trigger Event; and (v) fifth, on or after the Distribution Date and from in January 2006, any remaining Net Monthly Excess Cashflow, (the “Reverse Turbo Available Distribution Amount relating to Loan Group 1, subject to Net Monthly Excess Cashflow”) will be allocated for distribution as set forth in Section 4.01(B4.01(c) below. (c) On each Distribution Date on or after the Distribution Date in January 2006, after making all distributions and allocations of Available Funds, the Trust Administrator will distribute the Reverse Turbo Available Net Monthly Excess Cashflow for such Distribution Date as follows: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion holders of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided furtherM-10 Certificates, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before in reduction of the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority AmountBalance thereof, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to holders of the Class 3-A-1 and Class 3-A-3 M-9 Certificates, pro rata based on in reduction of the Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution DateBalance thereof, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after the Monthly Interest Distributable Amount and any payments Overcollateralization Threshold Release Amount for such Distribution Date to the Group 1Holders of the Class P Certificate and the Class CE Certificates as follows: (A) first, Group 3to the Holders of the Class P Certificates, Group 4 and Group 5 an aggregate amount equal to the aggregate amount of Trust Prepayment Charges paid to the Class M-9 or Class M-10 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC4.01(d); (iB) second, on any Distribution Date on which the aggregate Certificate Principal Balance of the Class A Certificates and the Mezzanine Certificates has been reduced to zero, any remaining amounts in reduction of the Certificate Principal Balance of the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; (C) third, to the Holders of the Class CE Certificates; (iv) fourth, if such Distribution Date follows the Prepayment Period during which occurs the latest date on which a prepayment charge may be required to be paid in respect of any Mortgage Loans, to the Holders of the Class P Certificates, in reduction of the Certificate Principal Balance thereof, until the Certificate Principal Balance thereof is reduced to zero; and (v) fifth, any remaining amounts to the Holders of the Class R Certificates. (d) On or each Distribution Date, after making all distributions and allocations of Available Funds pursuant to clauses (a), (b) and (c) of this Section 4.01, the Trust Administrator shall distribute the Trust Prepayment Charges collected during the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates Prepayment Period as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i)M-9 and Class M-10 Certificates, only until the portion Class Principal Balance of the Class A-X Notional Amount derived from M-10 Certificates is reduced to zero, concurrently, (a) fifty percent (50%) of such Trust Prepayment Charges to the Group 3 Mortgage Loans will be used Class M-9 Certificates and (b) fifty percent (50%) of such Trust Prepayment Charges to calculate these distributionsthe Class M-10 Certificates; (ii) second, to the Group 3 Class M-9 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances Balance is reduced to zero; and (iii) third, after any payments to the Group 1holders of the Class P Certificates. (e) After the distributions set forth in Section 4.01(a), Group 2(b), Group 4 (c) and Group 5 (d), an amount equal to the amount of Subsequent Recoveries remitted to the Master Servicer shall be applied to increase the Certificate Principal Balance of the Class of Certificates with the Highest Priority up to the extent of such Realized Losses previously allocated to that Class of Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such 4.02. An amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of any remaining Subsequent Recoveries shall be applied to increase the Interest Distribution Amount that would have been distributed in Certificate Principal Balance of the absence Class of Certificates with the next Highest Priority, up to the amount of such shortfall; (ii) second, Realized Losses previously allocated to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on that Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 of Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence 4.02. Holders of such shortfall; (ii) second, to the Group 5 Certificates will not be entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any distribution in respect of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based interest on the amount of such increases for any Accrual Period preceding the Interest Distribution Amount for each Date on which such Class before reduction pursuant increase occurs. Any such increases shall be applied to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Certificate Principal Balance of each Certificate of such Mortgage Loan as of the Due Date Class in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan accordance with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagits respective Percentage Interest.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mastr Second Lien Trust 2005-1)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5, Group 6, Group 7, Group 8 and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 1 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, the Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (a) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (b) second, to the Class 1-A-1 Certificates, until its Class Principal Balance is reduced to zero. (b) with respect to the Group 2 Certificates, and from the Available Distribution Amount relating to Loan Group 2: (i) first, concurrently, to the Group 2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 2 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, as principal, to the Class 2-A-1 Certificates, the Group 2 Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero. (c) with respect to the Group 3 Certificates, and from the Available Distribution Amount relating to Loan Group 3: (i) first, to the Class 3-A-1 Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Class and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 1, in 3 remaining after giving effect to the following order of priority; (Adistributions pursuant to Section 4.01(I)(A)(c)(i) firstabove, to the Class AR and Class AR3-L A-1 Certificates, pro rata based on as principal, the Group 3 Senior Principal Distribution Amount, until the Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (bd) with respect to the Group 2 and Class A-X 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below4: (i) first, concurrently, to the Group 2 Class 4-A-1 Certificates and Class A-X Certificatesthe Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of Class and the Interest Distribution Remittance Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-1 Certificates, as principal, the Group 4 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (e) with respect to the Group 5 Certificates, and from the Available Distribution Amount relating to Loan Group 5: (i) first, to the Group 5 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the related Interest Distribution Amount that would have been distributed to each Class in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(e)(i) above, as principal, to the Class 5-A-2 A-1 and Class 5-A-3 A-2 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal BalancesBalance, the Group 5 Senior Principal Distribution Amount, until their respective Class Principal Balances are have each been reduced to zero;. (f) with respect to the Group 6 Certificates, and from the Available Distribution Amount relating to Loan Group 6: (i) first, concurrently, to the Class 6-A-1 Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group 6 Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Class and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group 6 Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 6 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(f)(i) above, to the Class 6-A-1 Certificates, as principal, the Group 6 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (g) with respect to the Group 7 Certificates, and from the Available Distribution Amount relating to Loan Group 4: (i) first, concurrently, to the Class 7-A-1 Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group 7 Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Class and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group 7 Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 7 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(g)(i) above, to the Class 7-A-1 Certificates, as principal, the Group 7 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (h) with respect to the Group 8 Certificates, and from the Available Distribution Amount relating to Loan Group 8: (i) first, to the Class 8-A-1 Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Class and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 8 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(h)(i) above, to the Class 8-A-1 Certificates, as principal, the Group 8 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (i) with respect to the Group C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 4, Loan Group 5, Loan Group 6, Loan Group 7 and Loan Group 5 8 remaining after giving effect to the distributions pursuant to Section 4.01(A)(aSections 4.01(I)(A)(a), (b), (c), (d) and (ed) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 4, Group 5, Group 6, Group 7 and Group 5 8 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 and Class C-B-1X Certificates, an amount allocable pro rata based on amounts due, accrued and unpaid interest; provided, however, that, notwithstanding the foregoing, accrued interest to interest equal be distributed to the Interest Distribution Amount for such Class C-B-1X Certificates will be reduced to the extent of the Class C-B-1X Required Reserve Fund Deposit for such Distribution DateDate pursuant to Section 4.09(b); (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1 Certificates, from amounts on deposit in the Class C-B-1 Basis Risk Reserve Fund, any Basis Risk Shortfall due and owing for such Class; (xiv) to the Class C-B-1X Certificates, any amounts withdrawn from the Class C-B-1 Basis Risk Reserve Fund for distribution to such Class C-B-1 Certificates pursuant to Sections 4.09(b) and (e); and (xv) fourteen, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(i)(xiv) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group C-B Certificates; and (xivxvi) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5, Loan Group 6, Loan Group 7 and Loan Group 8 (to the extent that such amount is held by either Subsidiary REMIC 11A or Subsidiary REMIC 2), or to the Class AR Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5, Loan Group 6, Loan Group 7 and Loan Group 8 (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group 6, Group 7, Group 8 and Group C-B, Class A-X B Certificates and Class C-X Certificates for each of the Group 6 and Group 7 Excess Interest Amounts shall be reduced by the Trust Administrator by, by the related Class’s ’ or Excess Interest Amounts’ pro rata share (based on the amount of the Interest Distribution Amount for each such Class or Excess Interest Amount before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4, Group 5, Group 6, Group 7 or Group 8 Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup 1, Group 2, Group 3, Group 4, Group 5, Group 6, Group 7 or Group 8 Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group 1, Group 2, Group 3, Group 4, Group 5, Group 6, Group 7 or Group 8 Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4, Group 5, Group 6, Group 7 or Group 8 Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Group C-B Certificates with respect to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5, Loan Group 6, Loan Group 7 or Loan Group 8 such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Group C-B Certificates (other than the Class C-B-1X Certificates), if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Group C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Group C-B Certificates (other than the Class C-B-1X Certificates), pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination of Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5, Loan Group 6, Loan Group 7 and Loan Group 8 in excess of the Par Value to the holder of the Class AR-L Certificate. (II) With respect to the Group 9 Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) from the Interest Remittance Amount for Loan Group 9A and Loan Group 9B, to the Group 9 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for such Class and such distribution date, applied in accordance with the allocation rules set forth below; (ii) first, from the Interes

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2004-Ar6)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, ; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, 1 to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-4 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, Certificates entitled to interest; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and; (ii) second, to the Group 2 CertificatesCertificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority;: (A1) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (2) second, to the Class 2-A-4A-4 Certificates, the Group 2 Priority Amount, until its Class Principal Balance is Amount has been reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C3) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 A-1 and Class 2-A-5 A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E4) fifthfourth, to the Class 2-A-4 Certificates, until its Class Principal Balance is Amount has been reduced to zero; (c) with respect to the Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principalin the following order of priority: (1) first, to the Class 3-A-3 Certificates, the Group 3 Priority Amount, until its Class Principal Amount has been reduced to zero; (2) second, to the Class 3-A-6, Class 3-A-8, Class 3-A-13 and Class 3-A-15 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and (iii3) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR3-L Certificates (A-3 Certificates, until its Class Principal Amount has been reduced to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (jd) On or after with respect to the Group 4 and Class D-X Certificates, before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as followssubject to Section 4.01(B) below: (i) first, concurrently, to the Group 4 and Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principalin the following order of priority: (1) first, pro rata based on to the Class 4-A-2 Certificates, the Group 4 Priority Amount, until its Class Principal BalancesAmount has been reduced to zero; (2) second, to the Class 4-A-5, Class 4-A-8, Class 4-A-10, Class 4-A-13, Class 4-A-16 and Class 4-A-18 Certificates, until their respective its Class Principal Balances is Amount has been reduced to zero; and (iii3) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR4-L Certificates (A-2 Certificates, until its Class Principal Amount has been reduced to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (ke) On or after with respect to the Group 5 Certificates, before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as followssubject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X CertificatesCertificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principalin the following order of priority: (1) first, to the Class 5-A-1 Certificates, the Group 5 Priority Amount, until its Class Principal Amount has been reduced to zero; (2) second, to the Class 5-A-2 and Class 5-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (3) third, to the Class 5-A-1 Certificates, until its Class Principal Amount has been reduced to zero; (f) with respect to the Group 6 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 6, subject to Section 4.01(B) below: (i) first, to the Group 6 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 6 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 6, in the following order of priority: (1) first, to the Class 6-A-1 Certificates, the Group 6 Priority Amount, until its Class Principal Amount has been reduced to zero; (2) second, to the Class 6-A-2 and Class 6-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (3) third, to the Class 6-A-1 Certificates, until its Class Principal Amount has been reduced to zero; (g) with respect to the Group 7 and Class D-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 7, subject to Section 4.01(B) below: (i) first, to the Class D-P Certificates, the Class P Principal Distribution Amount for Loan Group 7. (ii) second, to the Group 7 Certificates entitled to interest; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iii) third, to the Group 7 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 7, in the following order of priority: (1) first, to the Class 7-A-1 Certificates, the Group 7 Priority Amount, until its Class Principal Amount has been reduced to zero; (2) second, to the Class 7-A-2 Certificates, until its Class Principal Amount has been reduced to zero; and (3) third, to the Class 7-A-1 Certificates, until its Class Principal Amount has been reduced to zero; (h) with respect to the Group 8 and Class D-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 8, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 8 and Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 8 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 8, in the following order of priority: (1) first, to the Class 8-A-1 Certificates, the Group 8 Priority Amount, until its Class Principal Amount has been reduced to zero; (2) second, to the Class 8-A-2 Certificates, until its Class Principal Amount has been reduced to zero; and (3) third, to the Class 8-A-1 Certificates, until its Class Principal Amount has been reduced to zero; (i) with respect to the Group 9 and Class D-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 9, subject to Section 4.01(B) below: (i) first, to the Class D-P Certificates, the Class P Principal Distribution Amount for Loan Group 9. (ii) second, to the Group 9 Certificates entitled to interest; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iii) third, to the Group 9 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 9, in the following order of priority: (1) first, to the Class 9-A-1 Certificates, the Group 8 Priority Amount, until its Class Principal Amount has been reduced to zero; (2) second, to the Class 9-A-2 Certificates, until its Class Principal Amount has been reduced to zero; and (3) third, to the Class 9-A-1 Certificates, until its Class Principal Amount has been reduced to zero; (j) with respect to the Group 10 and Class D-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 10, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 10 and Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 10 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 10, in the following order of priority: (1) first, to the Class 10-A-1 Certificates, the Group 8 Priority Amount, until its Class Principal Amount has been reduced to zero; (2) second, to the Class 10-A-2 Certificates, until its Class Principal Amount has been reduced to zero; and (3) third, to the Class 10-A-1 Certificates, until its Class Principal Amount has been reduced to zero; (k) with respect to the Group D-B Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1 Certificates pursuant to Section 4.06: (i) first, to the Class D-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for each such Class for such Distribution Date; (ii) second, to the Class D-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (iii) third, to the Class D-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class D-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (v) fifth, to the Class D-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class D-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (vii) seventh, to the Class D-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class D-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (ix) ninth, to the Class D-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class D-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xi) eleventh, to the Class D-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class D-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; and (iiixiii) thirdthirteenth, to the Class D-B-1, Class D-B-2, Class D-B-3, Class D-B-4, Class D-B-5 and Class D-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(II)(A)(d)(xvi) will not cause a further reduction in the Class Principal Balances of any of the Group D-B Certificates; (l) with respect to the Group B, Class D-P, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5, Loan Group 6, Loan Group 7, Loan Group 8, Loan Group 9 and Loan Group 10 remaining after giving effect to the distributions pursuant to Section 4.01(A)(b) through (j) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C6, Group 7, Group 8, Group 9 and Group 10 Certificates pursuant to Section 4.06: (i) first, to the Class D-BP Certificates, Class Afirst, to the extent of PO Recoveries for Loan Group 2 and second, to the extent of amounts otherwise available to pay the Group D-X and Class C-X Certificates shall be reduced by the Trust Administrator byB Principal Distribution Amount on that Distribution Date, the related Class’s pro rata share sum of (based x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group 2 incurred in the previous calendar month and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(d)(i) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this 4.01(A)(d)(i) will not cause a further reduction in the Class Principal Balance of the Class D-P Certificates; (ii) second, to the Class B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and ; (iiiii) (A) after third, to the related Special Hazard Coverage Termination DateClass B-1 Certificates, with respect an amount allocable to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance of is reduced to zero; (iv) fourth, to the Class B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Mortgage Loan as of Class for such Distribution Date; (v) fifth, to the Due Class B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date in until their Class Principal Balance is reduced to zero; (vi) sixth, to the Class B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such month over Class for such Distribution Date; (vii) seventh, to the Class B-3 Certificates, an amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagalloca

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-5)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 1 Senior Certificates entitled to principal, pro rata based as follows: (A) [reserved]; and (B) on Class Principal Balances, as principaleach Distribution Date, the Senior Principal Distribution Amount for Loan Group 1, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, sequentially, in the following order of priority: (i) to the Class A-R Certificate until its Class Certificate Balance is reduced to zero and (ii) concurrently, to the Class 1-A-1 and Class 1-A-2 Certificates, pro rata, until their respective Class Principal Certificate Balances are reduced to zero; and (iiiiv) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)[reserved]; (h2) On or after the related Credit Support Depletion each Distribution Date, distributions of the Trustee shall withdraw the Available Distribution Amount Funds for Loan Group 2 will be made with respect from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followsextent of Available Funds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[reserved]; (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountconcurrently, to the each Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC Group 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Senior Certificates as follows: (iA) first[reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 2, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Group 5 Class 2-A-1 and Class C2-X A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; (3) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 3 from the Distribution Account and apply such funds to distributions on the Group 3 Senior Certificates in the following order and priority and, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class of Group 3 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 5 3 Senior Certificates entitled to principalas follows: (A) [reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 3, up to the amount of the related Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on such Distribution Date will be distributed to the Class Principal Balances, 3-A-1 Certificates until their respective its Class Principal Balances Certificate Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B4) On each Distribution Date, the amount referred Trustee shall withdraw the Available Funds for Loan Group 4 from the Distribution Account and apply such funds to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based distributions on the amount Group 4 Senior Certificates in the following order and priority and, in each case, to the extent of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagAvailable Funds remaining:

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2005-Ar31)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Group 1 Available Funds and the Group 2 Available Funds (to be distributed the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Lower-Tier REMIC Regular Interests, as provided in Section 4.02(f), second to distributions in respect of the Middle-Tier REMIC Regular Interests, as provided in Section 4.02(g), and then to distributions on the Certificates in the following order and priority and, in each Class case, to the extent of Certificates as follows:Group 1 Available Funds and Group 2 Available Funds, subject to adjustment in accordance with Section 4.02(e): (ai) with With respect to the Group 1 Certificates, before the related Credit Support Depletion Date Class 1-A-X and Class 1-PO Certificates from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Available Funds and the Group 2 Certificates, the Class 2-A-X and Class 2-PO Certificates entitled from the Group 2 Available Funds; as follows: first, concurrently, (A) to each interest-bearing Class of Group 1 Certificates and the Class 1-A-X Certificates, pro rata, an amount allocable to interest equal to the related Interest Distribution Accrued Certificate Interest; and (B) to each interest-bearing Class of Group 2 Certificates and the Class 2-A-X Certificates, pro rata, an amount allocable to interest equal to the related Accrued Certificate Interest, except that prior to the Class 2-A-4 Accretion Termination Date, an amount equal to the amount that would otherwise be distributable in respect of interest (including any shortfalls) to the Class 2-A-4 Certificates pursuant to this provision (the “Class 2-A-4 Accrual Amount”) will instead be distributed in reduction of the Class Principal Balances of certain Classes of Senior Certificates in accordance with this Section 4.02(a); in each case ((A) and (B) of this paragraph), any shortfall being shall be allocated pro rata among such Classes in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) and second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority;concurrently, (A) first, to each Class of Group 1 Certificates and the Class AR and Class AR1-L PO Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero;as follows: (B1) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 PO Certificates, an amount allocable to principal equal to its Pro Rata Share for such the Class 1-PO Principal Distribution DateAmount, until its up to the outstanding Class Principal Balance is reduced to zero; (iii) third, to of the Class C1-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B PO Certificates; and (xiv2) fourteenth, any remaining Available on each Distribution Amount, Date prior to the Class ARCross-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Over Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates Non-PO Formula Principal Amount, up to the amount of the Group 1 Optimal Principal Amount for such Distribution Date as follows: (ia) first, concurrently, to the Group 1 Class A-R Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes (in proportion to the amount respect of the Interest Distribution Amount that would have been distributed in Class U-R Interest), until the absence Class Principal Balance of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are has been reduced to zero; and (iiib) thirdsecond, after any payments to the Group 2concurrently, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-8)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I, Group III and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date Date, and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, to the Class I-P Certificates, the Class I-P Principal Distribution Amount; (ii) second, subject to Section 4.01(I)(B) below, concurrently, to each Class of Group 1 I Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iii) third, on each Distribution Date, from the Available Distribution Amount remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) and (ii) secondabove, to each Class of Group I Certificates (other than the Notional Amount Certificates and Class I-P Certificates), the Group 1 Certificates entitled to principal, the I Senior Principal Distribution Amount for Loan Group 1Amount, in the following order of priority;: (A) first, concurrently, to the Class AR I-A-4 and Class ARI-L A-18 Certificates, pro rata based on Class Principal Balancesrata, the Group I Priority Amount, until their respective Class Principal Balances are have been reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such following Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) beloworder: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator shall determine withdraw the amounts related Group Available Funds (to be distributed the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to written instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Subsidiary and Middle REMIC Regular Interests, as provided in Section 4.02(g), and then to distributions on the Certificates in the following order and priority and, in each case, to the extent of such Group Available Funds, subject to adjustment in accordance with Sections 4.02(b), 4.02(d) and 4.02(d): (i) With respect to the Group I Certificates as follows: first, concurrently, (A) from Group 1 Available Funds to each Class of Certificates as follows: (a) with respect to the Group 1 Senior Certificates, before pro rata based on the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interestAccrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; and (B) from Group 2 Available Funds to each Class of Group 2 Senior Certificates, pro rata based on the Accrued Certificate Interest Distribution Amountof each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest; and (C) from Group 3 Available Funds to each Class of Group 3 Senior Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Accrued Certificate Interest. in each case (clause (A), (B) and (C) of this paragraph), any shortfall being shall be allocated pro rata among such Classes described in the related paragraph in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) and second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority;concurrently, (A) firstfrom the Available Funds for Sub-Group 1, the Group I Senior Optimal Principal Amount for that Distribution Date, concurrently, to the Class AR 1-A-1 and Class AR1-L CertificatesA-2 certificates, pro rata rata, based on Class their Certificate Principal Balances, until their respective Class Certificate Principal Balances are have been reduced to zero; (B) secondfrom the Available Funds for Sub-Group 2, to the Group 2 Certificates, the Group I Senior Optimal Principal Amount for that Distribution Date, concurrently, concurrently, to the Class 12-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 12-A-6 CertificatesA-2 certificates, pro rata rata, based on Class their Certificate Principal Balances, until their respective Class Certificate Principal Balances are reduced to zero;; and (bC) with respect from the Available Funds for Sub-Group 3, to the Group 2 and Class A-X 3 Certificates, before the related Credit Support Depletion Date and from the Available Group I Senior Optimal Principal Amount for that Distribution Amount relating to Loan Group 2Date, subject to Section 4.01(B) below: (i) firstconcurrently, concurrently, to the Class 3-A-1 and Class 3-A-2 certificates, pro rata, based on their Certificate Principal Balances, until their respective Certificate Principal Balances are reduced to zero; third, to the Group I Subordinate Certificates from the remaining Available Funds for each Sub-Group 1, Sub-Group 2 and Sub-Group 3, in the aggregate, subject to Section 4.02(b) and 4.02(d), in the following order of priority: (D) to the Class AI-X B-1 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest for such Class for such Distribution Date; (E) to the Class I-B-1 Certificates, an amount allocable to principal equal to its Allocable Share for such Distribution Date until the Class Principal Balance of such Class is reduced to zero; (F) to the Class I-B-2 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest for such Class for such Distribution Date; (G) to the Class I-B-2 Certificates, an amount allocable to principal equal to its Allocable Share for such Distribution Date until the Class Principal Balance of such Class is reduced to zero; (H) to the Class I-B-3 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest for such Class for such Distribution Date; (I) to the Class I-B-3 Certificates, an amount allocable to principal equal to its Allocable Share for such Distribution Date until the Class Principal Balance of such Class is reduced to zero; (J) to the Class I-B-4 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest for such Class for such Distribution Date; (K) to the Class I-B-4 Certificates, an amount allocable to principal equal to its Allocable Share for such Distribution Date until the Class Principal Balance of such Class is reduced to zero; (L) to the Class I-B-5 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest for such Class for such Distribution Date; (M) to the Class I-B-5 Certificates, an amount allocable to principal equal to its Allocable Share for such Distribution Date until the Class Principal Balance of such Class is reduced to zero; (N) to the Class I-B-6 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest for such Class for such Distribution Date; (O) to the Class I-B-6 Certificates, an amount allocable to principal equal to its Allocable Share for such Distribution Date until the Class Principal Balance of such Class is reduced to zero; and fourth, to the Class A-LR Certificate, any remaining funds in the Subsidiary REMIC, and to the Class A-UR Certificate, any remaining funds in each remaining REMIC. (ii) With respect to the Group II Certificates; and with respect to the Group II Subordinate Certificates, from the Group II Available Funds as follows: first, to each Class of Group II Senior Certificates, pro rata based on the Accrued Certificate Interest of each such Class, an amount allocable to interest equal to the related Interest Distribution AmountAccrued Certificate Interest; and any shortfall being shall be allocated pro rata among such Classes described in the related paragraph in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided howeverand second, from the Available Funds for Loan Group II the Group II Senior Optimal Principal Amount for that for the purposes of distributions Distribution Date, sequentially, as follows: (1) concurrently, to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the LR and Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used UR certificates, pro rata, based on their Certificate Principal Balances, until their respective Certificate Principal Balances have been reduced to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rulezero; and (ii2) secondto the Class 4-A certificates based on its Certificate Principal Balance, until its Certificate Principal Balance has been reduced to zero; third, to the Group 2 Certificates, II Subordinate Certificates from the Senior Principal Distribution Amount remaining Available Funds for Loan Group 2II, subject to Section 4.02(b) and 4.02(d), in the following order of priority;: (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class CII-B-1 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class CII-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (iiiC) third, to the Class CII-B-2 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class CII-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (vE) fifth, to the Class CII-B-3 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class CII-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (viiG) seventh, to the Class CII-B-4 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class CII-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (ixI) ninth, to the Class CII-B-5 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class CII-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance of such Class is reduced to zero; (xiK) eleventh, to the Class CII-B-6 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date;; and (xiiL) twelfth, to the Class CII-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (STARM Mortgage Loan Trust 2007-3)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1Amount, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 CertificatesSenior Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5Amount, in the following order of priority; (1) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f2) second, to the Class A-3 and Class A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Senior Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii4.01(A)(b)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (gc) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Senior Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Senior Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount, until their respective Class Principal Balances is are reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Senior and Group C-B, Class A-X and Class C-X B Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; Date and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Relief Act Reduction for any Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan incurred during the prior calendar month. (C) With respect to each Class of Group C-B Certificates, the excess of one month’s interest at if on any Distribution Date the related Net Mortgage Rate on the Stated Principal Balance Subordination Level of such Mortgage Loan Class is less than such percentage as of the Due Date in Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Group C-B Certificates junior to such month over Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of Liquidation Proceeds applied as interest on such Principal Prepayments will be allocated among the remaining Classes of Group C-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination or Mortgage Loan Auction Price from an Auction Purchaser in excess of the Par Value to the holder of the Class AR-L Certificate on the related Optional Termination Date or Auction Date, as applicable. (E) On the Closing Date, the Trust Administrator shall establish an account (the “Class PP Reserve Fund”), which shall be an Eligible Account. The Class PP Reserve Fund shall be entitled “Class PP Reserve Fund, ▇▇▇▇▇ Fargo Bank, N.A, as Trust Administrator on behalf of U.S. Bank, as Trustee for the benefit of the holders of the CSMC 2007-6 Class PP Certificates.” On the Closing Date the Depositor will deposit $100 into the Class PP Reserve Fund. On each Distribution Date, the Trust Administrator, shall distribute the aggregate of all Assigned Prepayment Premiums for the Mortgage Loans collected or paid by the related Servicers and received by the Trust Administrator with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, preceding Prepayment Period to the Class PP Certificates. Beginning with the first Distribution Date immediately following the expiration of the latest prepayment penalty term with respect to each Mortgagthe Mortgage Loans and in no event later than the Distribution Date in September 2012, to the extent of available funds, on such date, the Class PP Certificates shall be entitled to its outstanding Class Principal Balance from amounts on deposit in the Class PP Reserve Fund. All funds in the Class PP Reserve Account shall remain uninvested.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6)

Priorities of Distribution. (I) (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5, Group 6 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (EB) fifthsecond, to the Class 21-A-4 A-1 Certificates, until its Class Principal Balance is reduced to zero;. (cb) with respect to the Group 3 and the Class A-X 2 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below2: (i) first, concurrently, to the Group 3 Certificates and the Class A-X 2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 52 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, as principal, to the Class 2-A-1 Certificates, the Group 2 Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero. (c) with respect to the Group 3 Certificates, and from the Available Distribution Amount relating to Loan Group 3: (i) first, concurrently, to the Group 3 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, as principal, to the Class 3-A-1 Certificates, the Group 3 Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero. (d) with respect to the Group 4 Certificates, and from the Available Distribution Amount relating to Loan Group 4: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, as principal, the Group 4 Senior Principal Distribution Amount, pro rata rata, weighted based on the aggregate Class Principal BalancesBalances of such Classes immediately prior to such Distribution Date (the Class 4-A-1 Certificates on one side and the Class 4-A-2 and Class 4-A-3 Certificates on the other), as follows: (A) to the Class 4-A-1 Certificates, until the Class Principal Balance of such Class is reduced to zero; and (B) sequentially, to the Class 4-A-2 Certificates and Class 4-A-3 Certificates, in that order, until their respective Class Principal Balances are have been reduced to zero;. (e) with respect to the Group 5 Certificates, and from the Available Distribution Amount relating to Loan Group 5: (i) first, to the Class 5-A-1 Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group 5 Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Class and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group 5 Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 5 remaining after giving effect to the distributions pursuant to Section 5.01(I)(A)(e)(i) above, to the Class 5-A-1 Certificates, as principal, the Group 5 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (f) with respect to the Group 6 Certificates, and from the Available Distribution Amount relating to Loan Group 6: (i) first, to the Class 6-A-1 Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group 6 Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Class and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group 6 Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 6 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(f)(i) above, to the Class 6-A-1 Certificates, as principal, the Group 6 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (g) with respect to the Group C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 4, Loan Group 5 and Loan Group 5 6 remaining after giving effect to the distributions pursuant to Section 4.01(A)(aSections 4.01(I)(A)(a), (b), (c), (d), (e) and (ef) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 4, Group 5 and Group 5 6 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 and Class C-B-1X Certificates, an amount allocable pro rata based on amounts due, the respective Interest Distribution Amounts; provided, however, that, notwithstanding the foregoing, accrued interest to interest equal be distributed to the Interest Distribution Amount for such Class C-B-1X Certificates will be reduced to the extent of the Class C-B-1X Required Reserve Fund Deposit for such Distribution DateDate pursuant to Section 4.09(b); (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1 Certificates, any amounts withdrawn from the Class C-B-1 Basis Risk Reserve Fund for distribution to such Class C-B-1 Certificates pursuant to Sections 4.09(b); and (xiv) fourteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(i)(xiv) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xivxv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4, Loan Group 5 and Loan Group 6 (to the extent that such amount is held by Subsidiary REMIC 1I or REMIC II), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, Loan Group 3, Loan Group 4 and 4, Loan Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates and Loan Group 6 (to the extent that such amount is held by Subsidiary REMIC 1III or REMIC IV), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2004-2)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 1, Class A-X and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 1; (ii) second, to the Group 1 Certificates entitled to interestand Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided that for the purposes of distributions to the Class A-X Certificates pursuant to this paragraph, only the portion of the Class A-X Notional Amount derived from the Group 1 Mortgage Loans will be used to calculate these distributions; and provided, further, that any such amount in respect of the Class 1-A-2, Class 1-A-5 Certificates through the Group 1 Accretion Termination Date shall not be distributable to such Classes but shall instead be added to the respective Class Principal Balance thereof and shall be distributable as provided in paragraph (iv) of this Subsection; and (iiiii) secondthird, to the Group 1 Certificates entitled to principalCertificates, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, A-4 and Class 1-A-2A-6 Certificates, pro rata, the Group 1 Priority Amount for that Distribution Date, until their respective Class Principal Balances have been reduced to zero; (C) third, to the Class 1-A-1 and Class 1-A-2 Certificates, in that order, until their respective Class Principal Balances have been reduced to zero; (D) fourth, to the Class 1-A-3 and Class 1-A-6 A-5 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Balances are have been reduced to zero;; and (E) fifth, to the Class 1-A-4 and Class 1-A-6 Certificates, pro rata, until their respective Class Principal Balances have been reduced to zero. (iv) fourth, on each Distribution Date on or before the Group 1 Accretion Termination Date, amounts not distributable to the Class 1-A-3 and Class 1-A-5 Certificates pursuant to clause (ii), shall be distributable, in reduction of the Class Principal Balances of the following Certificates, as follows: first, to the Class 1-A-2 Certificates, until its Class Principal Balance has been reduced to zero; and second, to the Class 1-A-3 and Class 1-A-5 Certificates, pro rata, until their respective Class Principal Balances have been reduced to zero. (b) with respect to the Group 2 and, Class A-P and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrentlyto the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 2; (ii) second, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; , provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i)paragraph, only a the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided furtherand (iii) third, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before to the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 A-1 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to the Group 3 and the Class AD-P and Class D-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, to the Class D-P Certificates, the Class P Principal Distribution Amount for Loan Group 3; (ii) second, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class CD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided that for the purposes of distributions to the Class D-X Certificates pursuant to this paragraph, only the portion of the Class D-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (iiiii) secondthird, to the Class 53-A-1 and Class 3-A-2 and Class 5-A-3 Certificates, pro rata, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances3, until their respective Class Principal Balances are reduced to zero; (fd) with respect to the Group C-B4 and, Class AR and Class ARD-L X Certificates, before the related Credit Support Depletion Date, and from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above4, subject to Sections Section 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 Group 4 and Class CD-B-6 X Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided that for the purposes of distributions to the Class D-X Certificates pursuant to this paragraph, only the portion of the Class D-X Notional Amount derived from the Group 4 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Class 4-A-1 Certificates, the Senior Principal Distribution Amount for Loan Group 4: (e) with respect to the Group 5 and, Class D-X Certificates, from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, to the Group 5 and Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided that for the purposes of distributions to the Class D-X Certificates pursuant to this paragraph, only the portion of the Class D-X Notional Amount derived from the Group 5 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 1 Certificates entitled to principalClass 5-A-1 and Class 5-A-2 Certificates, pro rata based on Class Principal Balances, as principalrata, the Senior Principal Distribution Amount for Loan Group 15; until its Class Principal Balance is reduced to zero; (f) with respect to the Group 6 and Class D-X Certificates, and from the Available Distribution Amount relating to Loan Group 6, subject to Section 4.01(B) below: (i) first, to the Group 6 and Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall, provided that for the purposes of distributions to the Class A-X Certificates pursuant to this paragraph, only the portion of the Class A-X Notional Amount derived from the Group 6 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Class A-6-1 Certificates, the Senior Principal Distribution Amount for Loan Group 6, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (hg) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR 7 and Class ARD-L Certificates as followsX Certificates, and from the Available Distribution Amount relating to Loan Group 6, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 7 and Class AD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i)paragraph, only the portion of the Class A-X Notional Amount derived from the Group 2 7 Mortgage Loans will be used to calculate these distributions;; and (ii) second, to the Group 2 Class 7-A-1 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 6, until their Class Principal Balances are reduced to zero; (h) On each Distribution Date before the related Credit Support Depletion Date, to the extent of the Available Funds remaining after the payments described in subsections (a) through (g): (i) first, concurrently, to the Class A-P Certificates, first, to the extent of PO Recoveries for Loan Group 1, and second, to the extent of amounts otherwise available to pay the Group C-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any Realized Loss on a Class P Mortgage Loan in Loan Group 1 incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) of this subsection (h)(i)(a) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed in respect of Realized Losses pursuant to this subsection (h)(i)(a) shall not cause a further reduction in the Class Principal Balance of the Class A-P Certificates; (A) to the Class A-P Certificates, first, to the extent of PO Recoveries for Loan Group 2, and second, to the extent of amounts otherwise available to pay the Group C-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any Realized Loss on a Class P Mortgage Loan in Loan Group 2 incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) of this subsection (h)(i)(b) on each prior Distribution Date exceeded the amount actually distributed on those prior distribution dates and not subsequently distributed; provided, however, that any amounts distributed in respect of Realized Losses pursuant to this subsection (h)(i)(b) shall not cause a further reduction in the Class Principal Balance of the Class A-P Certificates; and (B) to the Class D-P Certificates, first, to the extent of PO Recoveries for Loan Group 3, and second, to the extent of amounts otherwise available to pay the Group C-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any Realized Loss on a Class P Mortgage Loan in Loan Group 3 incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) of this subsection (h)(i)(c) on each prior Distribution Date exceeded the amount actually distributed on those prior distribution dates and not subsequently distributed; provided, however, that any amounts distributed in respect of Realized Losses pursuant to this subsection (h)(i)(c) shall not cause a further reduction in the Class Principal Balance of the Class D-P Certificates; (ii) second, to each Class of Group C-B Certificates, interest and then principal in increasing order of alphanumerical designation, with both interest and principal being paid to one Class before any payments are made to the next Class; provided, however, that no payments of principal shall be made to the Class C-B-6 Certificates prior to the Distribution Date in April 2011, and the Class C-B-6 Pro Rata Share shall instead be distributed pro rata to the other outstanding Classes of Group C-B Certificates; (iii) third, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of unreimbursed Realized Losses previously allocated to that Class, if any; provided, however, that any amounts distributed pursuant to this subsection (h)(iii) shall not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (iv) fourth, to the Class AR Certificates, the remainder of all such Available Funds. Notwithstanding anything on the contrary in this Section 4.01(h) above, on any Distribution Date on which the Subordination Level for any Class of Group C-B Certificates is less than the Subordination Level as of the Closing Date, Principal Prepayments otherwise allocable to the Class or Classes of the Group C-B Certificates junior to such Class shall be allocated to that Class and to any Class or Classes of Group C-B Certificates senior to that Class, pro rata based on according to the Class Principal BalancesBalances of those Classes. (i) with respect to the Group C-B and Class AR Certificates, from the Available Distribution Amount for each Loan Group remaining after giving effect to the distributions pursuant to Section 4.01(A)(b) and (g) above, subject to Sections 4.01(B) and 4.01(C) below: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) third, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their respective Class Principal Balance is reduced to zero; (iii) fourth, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fifth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (v) sixth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) seventh, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (vii) eighth, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) ninth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (ix) tenth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) eleventh, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xi) twelfth, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) thirteenth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xiii) fourteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section will not cause a further reduction in the Class Principal Balances of any of the Group B Certificates; and (iiixiv) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06fifteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)Certificates; (ij) On or after Notwithstanding anything to the related contrary provided hereby, following the Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect amounts distributable to the Group 3, Class A-X, Class AR and Class AR-L 1 Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to in respect of the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3shall be distributed to such Certificates pro rata, as principal, pro rata based on their Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group 6, Group 7, Group C-B, Class A-X and Class CD-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagb

Appears in 1 contract

Sources: Pooling and Servicing Agreement (TBW 2006-1)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestand Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(a)(i), only a portion of the Class A-X Notional Amount derived from the Group 1 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 1-A-3 Accrual Amount for any Distribution Date on or before the Class 1-A-3 Accretion Termination Date will instead be distributed in accordance with the Class 1-A-3 Accretion Direction Rule; provided further, that any Class 1-A-5 Accrual Amount for any Distribution Date on or before the Class 1-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 1-A-5 Accretion Direction Rule; provided further, that on any Distribution Date on or prior to the Distribution Date in July 2010 when the Certificate Index exceeds 5.400% per annum, for the purpose of this clause (a)(i), the Pass-Through Rate on the Class 1-A-1 Certificates will be capped at 6.00% per annum; and (ii) second, to the Group 1 Certificates entitled to principalprinicpal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority: (A) first, to the Class 1-A-4, Class 1-A-7 and Class 1-A-11 Certificates, the Group 1 Priority Amount, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-8 and Class 1-A-10 Certificates, in an amount necessary to reduce their aggregate Class Principal Balance to their aggregate Planned Balance set forth on Schedule VI for such Distribution Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (C) third, to the Class 1-A-1 Certificates, in an amount necessary to reduce its Class Principal Balance to its Targeted Balance set forth on Schedule VII for such Distribution Date, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 1-A-3 Certificates, until its Class Principal Balance is reduced to zero; (E) fifth, to the Class 1-A-1 Certificates, without regard to its Targeted Balance, until its Class Principal Balance is reduced to zero; (F) sixth, to the Class 1-A-5 Certificates, until its Class Principal Balance is reduced to zero; (G) seventh, to the Class 1-A-8 and Class 1-A-10 Certificates, without regard to their aggregate Planned Balance, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (H) eighth, to the Class 1-A-6 Certificates, until its Class Principal Balance is reduced to zero; and (I) ninth, to the Class 1-A-4, Class 1-A-7 and Class 1-A-11 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 2; (ii) second, to the Group 2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iii) third, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 12-A-3 and Class 12-A-6 CertificatesA-4, the Group 2 Priority Amount, pro rata rata, based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 A-1 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 Certificates, until its Class Principal Balance is reduced to zero; and (E) fifth, to the Class 2-A-3 and Class 2-A-5 A-4 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 3-A-3 Accrual Amount for any Distribution Date on or before the Class 3-A-3 Accretion Termination Date will instead be distributed in accordance with the Class 3-A-3 Accretion Direction Rule; provided further, that any Class 3-A-12 Accrual Amount for any Distribution Date on or before the Class 3-A-12 Accretion Termination Date will instead be distributed in accordance with the Class 3-A-12 Accretion Direction Rule; provided further, that on any Distribution Date on or prior to the Distribution Date in May 2011 when the Certificate Index exceeds 4.90% per annum, for the purpose of this clause (c)(i), the Pass-Through Rate on the Class 3-A-1 will be capped at 5.50% per annum; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 in the following order of priority: (A) first, to the Class 3-A-1 A-13, Class 3-A-14 and Class 3-A-3 A-15 Certificates, the Group 3 Priority Amount, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (dB) with respect to the Group 4 Certificatessecond, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4concurrently, subject to Section 4.01(B) belowas follows: (i1) 73.4851262142%, sequentially, as follows: (a) first, to the Group 4 Class 3-A-6 and Class 3-A-8 Certificates, in an amount allocable necessary to interest equal reduce their aggregate Class Principal Balance to the related Interest their aggregate Planned Balance set forth on Schedule VIII for such Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iib) second, to the Class 53-A-2 and A-1 Certificates, in an amount necessary to reduce its Class 5Principal Balance to its Targeted Balance set forth on Schedule IX for such Distribution Date, until its Class Principal Balance is reduced to zero; (c) third, to the Class 3-A-12 Certificates, until its Class Principal Balance is reduced to zero; (d) fourth, to the Class 3-A-1 Certificates, without regard to its Targeted Balance, until its Class Principal Balance is reduced to zero; (e) fifth, to the Class 3-A-3 Certificates, until its Class Principal Balance is reduced to zero; (f) sixth, to the Senior Principal Distribution Amount for Loan Group 5Class 3-A-6 and Class 3-A-8 Certificates, without regard to their aggregate Planned Balance, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero;; and (fg) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) firstseventh, to the Class C3-B-1 A-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-2)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I, Group II and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group 1 I Certificates entitled to interestand the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group I Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group I Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal on each Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 I remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e4.01(I)(A)(a)(i) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1I Certificates (other than the Class I-X Certificates), the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06I Senior Principal Distribution Amount concurrently: (ia) first51.9818933083%, to the Class CI-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, A-1 Certificates until its Class Principal Balance is has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass THR Certs Series 2002-Ar28)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 1 Senior Certificates entitled to principal, pro rata based as follows: (A) [reserved]; and (B) on Class Principal Balances, as principaleach Distribution Date, the Senior Principal Distribution Amount for Loan Group 1, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, sequentially, to the Class A-R and Class 1-A-1 Certificates, in that order, until their respective Class Principal Certificate Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (hiv) [reserved]; (2) On or after the related Credit Support Depletion each Distribution Date, distributions of the Trustee shall withdraw the Available Distribution Amount Funds for Loan Group 2 will be made with respect from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followsextent of Available Funds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[reserved]; (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountconcurrently, to the each Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC Group 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Senior Certificates as follows: (iA) first[reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 2, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Group 5 Class 2-A-1 and Class C2-X A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; (3) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 3 from the Distribution Account and apply such funds to distributions on the Group 3 Senior Certificates in the following order and priority and, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class of Group 3 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 5 3 Senior Certificates entitled to principalas follows: (A) [reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 3, up to the amount of the related Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on such Distribution Date will be distributed to the Class Principal Balances, 3-A-1 Certificates until their respective its Class Principal Balances Certificate Balance is reduced to zero; (4) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 4 from the Distribution Account and apply such funds to distributions on the Group 4 Senior Certificates in the following order and priority and, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class of Group 4 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount, any shortfall being allocated among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) [reserved]; (iii) concurrently, to each Class of Group 4 Senior Certificates as follows: (A) [reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 4, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed to the Class 4-A-1 Certificates until its Class Certificate Balance is reduced to zero; (5) On each Distribution Date, after making the distributions described in Section 4.02(a)(1), Section 4.02(a)(2), Section 4.02(a)(3) and Section 4.02(a)(4), Available Funds from each Loan Group remaining will be distributed to the Senior Certificates to the extent provided in Section 4.03. (6) On each Distribution Date, Available Funds from both Loan Groups remaining after making the distributions described in Sections 4.02(a)(1), Section 4.02(a)(2), Section 4.02(a)(3), Section 4.02(a)(4) and Section 4.02(a)(5) will be distributed to the Subordinated Certificates, subject to paragraph 4.02(e) below, in the following order of priority: (A) to the Class B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (B) to the Class B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (C) to the Class B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (D) to the Class B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (E) to the Class B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (F) to the Class B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (G) to the Class B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (H) to the Class B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (I) to the Class B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (J) to the Class B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (K) to the Class B-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; and (iiiL) third, after any payments to the Group 1Class B-6 Certificates, Group 2, Group 3 and Group 4 Certificates pursuant an amount allocable to Section 4.06principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (7) [reserved]; and (8) to the Class A-R Certificates, any remaining Available funds; provided, that such amounts shall not include the $100 held in trust for the Class P Certificates. On each Distribution AmountDate, all amounts representing Prepayment Charges received during the related Prepayment Period will be distributed to the holders of the Class AR-L P Certificates. On the Distribution Date immediately following the expiration of the latest Prepayment Charge Period of the Mortgage Loans, the $100 held in trust for the Class P Certificates (will be distributed to the extent that such amount is held by Subsidiary REMIC 2), or to holders of the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);P Certificates. (Bb) [reserved]. (c) [reserved]. (d) On each Distribution Date, the amount referred to in clause (i) of the definition of Class Optimal Interest Distribution Amount for each Class of Certificates for such Distribution Date shall be reduced by (i) the related Class' pro rata share of Net Prepayment Interest Shortfalls based on (x) with respect to a Class of Senior Certificates, the related Class Optimal Interest Distribution Amount and (y) with respect to a Class of Subordinated Certificates on and prior to the third Senior Termination Date, the related Assumed Interest Amount for such Distribution Date or after the third Senior Termination Date, the Class Optimal Interest Distribution Amount for such Distribution Date for Date, in each Class case in the absence of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) the related Class' Allocable Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for the Mortgage Loans in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) incurred during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (e) Notwithstanding the priority and allocation contained in Section 4.02(a), if, with respect to any Class of Subordinated Certificates, on any Distribution Date the sum of the related Class Subordination Percentages of such Class and of all Classes of Subordinated Certificates that have a higher numerical Class designation than such Class (the "Applicable Credit Support Percentage") is less than the Original Applicable Credit Support Percentage for such Class, no distribution of Principal Prepayments on the Mortgage Loans will be made to any such Classes (the "Restricted Classes") and the amount of such Principal Prepayments otherwise distributable to the Restricted Classes shall be distributed to the Classes of Subordinated Certificates having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order set forth in Section 4.02(a)(6). Notwithstanding the foregoing, the Class of Subordinated Certificates then outstanding with the lowest numerical class designation shall not be a Restricted Class. (f) If the amount of a Realized Loss on a Mortgage Loan in a Loan Group has been reduced by application of Subsequent Recoveries with respect to such Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Certificate Balance of each related Class of Certificates to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates pursuant to Section 4.05. Holders of such Certificates will not be entitled to any payment in respect of the Class Optimal Interest Distribution Amount on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Balance of each Certificate of such Class in accordance with its respective Percentage Interest.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2005-Ar5)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 1 Senior Certificates entitled to principal, pro rata based as follows: (A) [reserved]; and (B) on Class Principal Balances, as principaleach Distribution Date, the Senior Principal Distribution Amount for Loan Group 1, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, sequentially, to the Class A-R and Class 1-A-1 Certificates, in that order, until their respective Class Principal Certificate Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (hiv) [reserved]; (2) On or after the related Credit Support Depletion each Distribution Date, distributions of the Trustee shall withdraw the Available Distribution Amount Funds for Loan Group 2 will be made with respect from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followsextent of Available Funds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[reserved]; (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountconcurrently, to the each Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC Group 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Senior Certificates as follows: (iA) first[reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 2, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Group 5 Class 2-A-1 and Class C2-X A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; (3) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 3 from the Distribution Account and apply such funds to distributions on the Group 3 Senior Certificates in the following order and priority and, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class of Group 3 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to each Class of Group 3 Senior Certificates as follows: (A) [reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 3, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Group 5 Certificates entitled Class 3-A-1 and Class 3-A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced to principalzero; (4) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 4 from the Distribution Account and apply such funds to distributions on the Group 4 Senior Certificates in the following order and priority and, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class of Group 4 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount, any shortfall being allocated among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) [reserved]; (iii) concurrently, to each Class of Group 4 Senior Certificates as follows: (A) [reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 4, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Class 4-A-1 and Class 4-A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; (5) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 5 from the Distribution Account and apply such funds to distributions on the Group 5 Senior Certificates in the following order and priority and, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class of Group 5 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount, any shortfall being allocated among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) [reserved]; (iii) concurrently, to each Class of Group 5 Senior Certificates as follows: (A) [reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 5, as principalup to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Class 5-A-1 and Class 5-A-2 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Certificate Balances are reduced to zero; (6) On each Distribution Date, after making the distributions described in Section 4.02(a)(1), Section 4.02(a)(2), Section 4.02(a)(3), Section 4.02(a)(4) and Section 4.02(a)(5), Available Funds from each Loan Group remaining will be distributed to the Senior Certificates to the extent provided in Section 4.03. (7) On each Distribution Date, Available Funds from both Loan Groups remaining after making the distributions described in Sections 4.02(a)(1), Section 4.02(a)(2), Section 4.02(a)(3), Section 4.02(a)(4), Section 4.02(a)(5) and Section 4.02(a)(6) will be distributed to the Subordinated Certificates, subject to paragraph 4.02(e) below, in the following order of priority: (A) to the Class B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (B) to the Class B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (C) to the Class B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (D) to the Class B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (E) to the Class B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (F) to the Class B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (G) to the Class B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (H) to the Class B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (I) to the Class B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (J) to the Class B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (K) to the Class B-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; and (iiiL) third, after any payments to the Group 1Class B-6 Certificates, Group 2, Group 3 and Group 4 Certificates pursuant an amount allocable to Section 4.06principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (8) [reserved]; and (9) to the Class A-R Certificates, any remaining Available funds; provided, that such amounts shall not include the $100 held in trust for the Class P Certificates. On each Distribution AmountDate, all amounts representing Prepayment Charges received during the related Prepayment Period will be distributed to the holders of the Class AR-L P Certificates. On the Distribution Date immediately following the expiration of the latest Prepayment Charge Period of the Mortgage Loans, the $100 held in trust for the Class P Certificates (will be distributed to the extent that such amount is held by Subsidiary REMIC 2), or to holders of the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);P Certificates. (Bb) [reserved]. (c) [reserved]. (d) On each Distribution Date, the amount referred to in clause (i) of the definition of Class Optimal Interest Distribution Amount for each Class of Certificates for such Distribution Date shall be reduced by (i) the related Class' pro rata share of Net Prepayment Interest Shortfalls based on (x) with respect to a Class of Senior Certificates, the related Class Optimal Interest Distribution Amount and (y) with respect to a Class of Subordinated Certificates on and prior to the fourth Senior Termination Date, the related Assumed Interest Amount for such Distribution Date or after the fourth Senior Termination Date, the Class Optimal Interest Distribution Amount for such Distribution Date for Date, in each Class case in the absence of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) the related Class' Allocable Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for the Mortgage Loans in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) incurred during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (e) Notwithstanding the priority and allocation contained in Section 4.02(a), if, with respect to any Class of Subordinated Certificates, on any Distribution Date the sum of the related Class Subordination Percentages of such Class and of all Classes of Subordinated Certificates that have a higher numerical Class designation than such Class (the "Applicable Credit Support Percentage") is less than the Original Applicable Credit Support Percentage for such Class, no distribution of Principal Prepayments on the Mortgage Loans will be made to any such Classes (the "Restricted Classes") and the amount of such Principal Prepayments otherwise distributable to the Restricted Classes shall be distributed to the Classes of Subordinated Certificates having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order set forth in Section 4.02(a)(7). Notwithstanding the foregoing, the Class of Subordinated Certificates then outstanding with the lowest numerical class designation shall not be a Restricted Class. (f) If the amount of a Realized Loss on a Mortgage Loan in a Loan Group has been reduced by application of Subsequent Recoveries with respect to such Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Certificate Balance of each related Class of Certificates to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates pursuant to Section 4.05. Holders of such Certificates will not be entitled to any payment in respect of the Class Optimal Interest Distribution Amount on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Balance of each Certificate of such Class in accordance with its respective Percentage Interest.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2005-Ar13)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following priority, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided howeverthat prior to the Accrual Termination Date, that for the purposes Accrual Amount shall be distributed as provided in Section 4.02(a)(1)(ii); (ii) [reserved]; (iii) concurrently, to the Classes of distributions Group 1 Senior Certificates as follows: (A) to the Class AI-X Certificates pursuant PO-1 Component the related PO Formula Principal Amount until the Component Balance thereof is reduced to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rulezero; and (iiB) secondon each Distribution Date, the Non-PO Formula Principal Amount for Loan Group 1 up to the amount of the related Group 2 Certificates, the I Senior Principal Distribution Amount for Loan Group 2, such Distribution Date will be distributed in the following order of priority;: (A) first1. concurrently, to the Class 21-A-4A-3 and Class 1-A-4 Certificates, pro rata, the Group 2 1 Priority Amount, until its their respective Class Principal Balance is Certificate Balances are reduced to zero; (B) second2. sequentially, to the Class 21-A-1 and Class 1-A-2 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balancesin that order, until their respective Class Principal Certificate Balances are reduced to zero; and 3. concurrently, to the Class 1-A-3 and Class 1-A-4 Certificates, pro rata, without regard to the Group I Priority Amount, until their respective Class Certificate Balances are reduced to zero; and (Eiv) fifthto the Class I-PO-1 Component, any related Class I-PO Deferred Amount, up to an amount not to exceed the amount calculated pursuant to the definition of Subordinated Principal Distribution Amount for Loan Group 1 actually received or advanced for such Distribution Date (with such amount to be allocated first from amounts calculated pursuant to (i) and (ii) and then (iii) of the definition of Subordinated Principal Distribution Amount for Loan Group 1; (2) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 2 from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following priority, in each case, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the extent of related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) belowFunds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 3 Certificates and the Class A-X 2 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; andprovided that prior to the Accrual Termination Date, the Accrual Amount shall be distributed as provided in Section 4.02(a)(2)(ii); (ii) second[reserved]; (iii) concurrently, to the Classes of Group 2 Senior Certificates as follows: (A) to the Class 5I-A-2 and Class 5-A-3 CertificatesPO-2 Component the related PO Formula Principal Amount until the Component Balance thereof is reduced to zero; and; and (B) on each Distribution Date, the Non-PO Formula Principal Amount for Loan Group 2 up to the amount of the related Group I Senior Principal Distribution Amount for Loan Group 5such Distribution Date will be distributed in the following priority: 1. concurrently (i) 66.666666667% in the following priority: (a) concurrently, to the Class 2-A-5 and Class 2-A-6 Certificates, pro rata based on Class Principal Balancesrata, the Group 2 Priority Amount, until their respective Class Principal Certificate Balances are reduced to zero; (fb) with respect sequentially, to the Class 2-A-1 and Class 2-A-2 Certificates, in that order, until their respective Class Certificate Balances are reduced to zero; and (c) concurrently, to the Class 2-A-5 and Class 2-A-6 Certificates, pro rata, without regard to the Group C2 Priority Amount, until their respective Class Certificate Balances are reduced to zero; and (ii) 33.33333333%, to the Class 2-BA-3 Certificates until its Class Certificate Balance is reduced to zero; and (iv) to the Class I-PO-2 Component, any related Class AR and Class ARI-L CertificatesPO Deferred Amount, before up to an amount not to exceed the related Credit Support Depletion Date, from amount calculated pursuant to the Available definition of Subordinated Principal Distribution Amount relating to for Loan Group 1, 2 actually received or advanced for such Distribution Date (with such amount to be allocated first from amounts calculated pursuant to (i) and (ii) and then (iii) of the definition of Subordinated Principal Distribution Amount for Loan Group 2; (3) On each Distribution Date, after making the distributions described in Section 4.02(a)(1) and Section 4.02(a)(2), Available Funds from Loan Group 3, Loan Group 4 1 and Loan Group 5 2 remaining after giving effect will be distributed to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments Senior Certificates to the extent provided in Section 4.03; (4) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 13 from the Distribution Account and apply such funds to distributions on the Group 3 Senior Certificates in the following priority, Group 2in each case, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06the extent of related Available Funds remaining: (i) firstconcurrently, to each interest-bearing Class of Group 3 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount, any shortfall being allocated among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided that prior to the Accrual Termination Date, the Accrual Amount shall be distributed as provided in Section 4.02(a)(4)(ii); (ii) [reserved]; (iii) concurrently, to the Classes of Group 3 Senior Certificates as follows: (A) on each Distribution Date, the Principal Amount for Loan Group 3 up to the amount of the Group II Senior Principal Distribution Amount for such Distribution Date will be distributed in the following priority: 1. to the Class CA-R Certificates, until its Class Certificate Balance is reduced to zero; and 2. to the Class 3-A-1 Certificates, until its Class Certificate Balance is reduced to zero; and (5) On each Distribution Date, Available Funds from Loan Group 1 and Loan Group 2 remaining after making the distributions described in Section 4.02(a)(1), Section 4.02(a)(2) and Section 4.02(a)(3) will be distributed to the Group I Subordinated Certificates, subject to paragraph 4.02(e) below, in the following order of priority: (A) to the Class I-B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class CI-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (iiiC) third, to the Class CI-B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class CI-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (vE) fifth, to the Class CI-B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class CI-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (viiG) seventh, to the Class CI-B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class CI-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (ixI) ninth, to the Class CI-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class CI-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (xiK) eleventh, to the Class CI-B-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date;; and (xiiL) twelfth, to the Class CI-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (xiii6) thirteenthOn each Distribution Date, Available Funds from Loan Group 3 remaining after making the distributions described in Section 4.02(a)(4) will be distributed to the Group II Subordinated Certificates, subject to paragraph 4.02(e) below, in the following order of priority: (A) to the Class CII-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X B-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of for such shortfall; provided, that Class for the purposes of distributions such Distribution Date; (B) to the Class AII-X Certificates pursuant B-1 Certificates, an amount allocable to this Section 4.01(A)(h)(i), only the portion of principal equal to its Pro Rata Share for such Distribution Date until the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Certificate Balance thereof is reduced to zero; and; (iiiC) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class ARII-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X B-2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of for such shortfall; provided, that Class for the purposes of distributions such Distribution Date; (D) to the Class AII-X Certificates pursuant B-2 Certificates, an amount allocable to this Section 4.01(A)(i)(i), only the portion of principal equal to its Pro Rata Share for such Distribution Date until the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances Certificate Balance thereof is reduced to zero; and; (iiiE) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class ARII-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 B-3 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of for such shortfallClass for such Distribution Date; (iiF) second, to the Group 4 Certificates entitled Class II-B-3 Certificates, an amount allocable to principal, principal equal to its Pro Rata Share for such Distribution Date until the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances Certificate Balance thereof is reduced to zero; and; (iiiG) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class ARII-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X B-4 Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (H) to the Class II-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (I) to the Class II-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (J) to the Class II-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (K) to the Class II-B-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; and (L) to the Class II-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (7) to the Class A-R Certificates, any remaining funds; provided, that such amounts shall not include the $100 held in trust for the Class P Certificates. On each Distribution Date, all amounts representing Prepayment Charges received during the related Prepayment Period (and amounts paid by the Servicer for waiving them) will be distributed to the holders of the Class P Certificates. On the Distribution Date immediately following the expiration of the latest Prepayment Charge Period of the Mortgage Loans, the $100 held in trust for the Class P Certificates will be distributed to the Class P Certificates. On each Distribution Date, all amounts representing Late Payment Fees assessable during the related Prepayment Period (and amounts paid by the Servicer for waiving them less any such amounts not deposited into the Distribution Account by the preceding Distribution Account Deposit date plus any such amounts deposited into the Distribution Account with respect to prior Prepayment Periods) will be distributed to the Holders of the Class L Certificates. On any Distribution Date, amounts distributed in respect of Class I-PO Deferred Amounts will not reduce the Class Certificate Balance or Component Balance of the related Class I-PO Component. On any Distribution Date, to the extent the Amount Available for Senior Principal for a Loan Group in Aggregate Loan Group I is insufficient to make the full distribution required to be made pursuant to the applicable clause (a)(iii), (A) the amount distributable on the related Class I-PO Component in respect of principal shall be equal to the product of (1) the Amount Available for Senior Principal for such Loan Group and (2) a fraction, the numerator of which is the related PO Formula Principal Amount and the denominator of which is the sum of such PO Formula Principal Amount and the applicable Senior Principal Distribution Amount and (B) the amount distributable on the related Senior Certificates other than the applicable Class I-PO Component, in respect of principal shall be equal to the product of (1) such Amount Available for Senior Principal and (2) a fraction, the numerator of which is the applicable Senior Principal Distribution Amount and the denominator of which is the sum of such Senior Principal Distribution Amount and the related PO Formula Principal Amount; . (b) On each Distribution Date prior to and including the applicable Accrual Termination Date with respect to each Class of Accrual Certificates, the Accrual Amount for such Class for such Distribution Date shall not (except as provided in the second to last sentence in this paragraph) be 77 distributed as interest with respect to such Class of Accrual Certificates, but shall instead be added to the related Class Certificate Balance of such Class on the related Distribution Date. With respect to any shortfall being allocated pro rata among Distribution Date prior to and including the applicable Accrual Termination Date on which principal payments on any Class of Accrual Certificates are distributed pursuant to Section 4.02(a)(1)(iii) or Section 4.02(a)(2)(iii), the related Accrual Amount shall be deemed to have been added on such Distribution Date to the related Class Certificate Balance (and included in the amount distributable on the related Class or Classes or Accretion Directed Certificates pursuant to Section 4.02(a)(1)(iii) or Section 4.02(a)(2)(iii)for such Distribution Date) and the related distribution thereon shall be deemed to have been applied concurrently towards the reduction of all or a portion of the amount so added and, to the extent of any excess, towards the reduction of the Class Certificate Balance of such Class of Accrual Certificates immediately prior to such Distribution Date. Notwithstanding any such distribution, each such Class or Component shall continue to be a Class of Accrual Certificates on each subsequent Distribution Date until the applicable Accrual Termination Date. (c) On each Distribution Date on or after the Senior Credit Support Depletion Date for the Group I Certificates, notwithstanding the allocation and priority set forth in proportion Section 4.02(a)(1)(iii)(B) and 4.02(a)(2)(iii)(B), the Non-PO Formula Principal Amount related to Loan Group 1 and Loan Group 2 up to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the related Senior Principal Distribution Amount for Loan Group 5such Distribution Date available will be distributed concurrently, as principal, of the related Classes of Senior Certificates (other than the related Notional Amount Certificates and the Class I-PO-1 and Class I-X-1 Components), pro rata based rata, on the basis of their respective Class Principal Certificate Balances, until their respective the Class Principal Certificate Balances is thereof are reduced to zero; and. (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bd) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Optimal Interest Distribution Amount for each Class or Component of Certificates for such Class before reduction pursuant to this Section 4.01(B)) of Distribution Date shall be reduced by (i) the related Class's or Component's pro rata share of Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and based (iix) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Class or Component of Senior Certificates or Group that became a Special Hazard Mortgage Loan during the prior calendar monthI Subordinated Certificates, the excess of one month’s interest at on the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan Class Optimal Interest Distribution Amount and (y) with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect a Class of Group II Subordinated Certificates on or prior to each Mortgaga Sen

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2007-A8)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Senior Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1Amount, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 CertificatesSenior Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5Amount, in the following order of priority; (1) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f2) second, to the Class A-3 and Class A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii4.01(A)(b)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by the Subsidiary REMIC 1REMIC), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (gc) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Senior Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Senior Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount, until their respective Class Principal Balances is are reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by the Subsidiary REMIC 2REMIC), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Senior and Group C-B, Class A-X and Class C-X B Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; Date and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Relief Act Reduction for any Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan incurred during the prior calendar month. (C) With respect to each Class of Group C-B Certificates, the excess of one month’s interest at if on any Distribution Date the related Net Mortgage Rate on the Stated Principal Balance Subordination Level of such Mortgage Loan Class is less than such percentage as of the Due Date in Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Group C-B Certificates junior to such month over Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of Liquidation Proceeds applied as interest on such Principal Prepayments will be allocated among the remaining Classes of Group C-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination or Mortgage Loan Auction Price from an Auction Purchaser in excess of the Par Value to the holder of the Class AR-L Certificate on the related Optional Termination Date or Auction Date, as applicable. (E) On the Closing Date, the Trust Administrator shall establish an account (the “Class PP Reserve Fund”), which shall be an Eligible Account. The Class PP Reserve Fund shall be entitled “Class PP Reserve Fund, ▇▇▇▇▇ Fargo Bank, N.A, as Trust Administrator on behalf of U.S. Bank, as Trustee for the benefit of the holders of the CSMC 2007-6 Class PP Certificates.” On the Closing Date the Depositor will deposit $100 into the Class PP Reserve Fund. On each Distribution Date, the Trust Administrator, shall distribute the aggregate of all Assigned Prepayment Premiums for the Mortgage Loans collected or paid by the related Servicers and received by the Trust Administrator with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, preceding Prepayment Period to the Class PP Certificates. Beginning with the first Distribution Date immediately following the expiration of the latest prepayment penalty term with respect to each Mortgagthe Mortgage Loans and in no event later than the Distribution Date in September 2012, to the extent of available funds, on such date, the Class PP Certificates shall be entitled to its outstanding Class Principal Balance from amounts on deposit in the Class PP Reserve Fund. All funds in the Class PP Reserve Account shall remain uninvested.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 1, Class D-X and Class D-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principalClass D-P Certificates, the Senior Class P Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class AD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AD-X Certificates pursuant to this Section 4.01(A)(h)(iparagraph 4.01(A)(a)(ii), only the portion of the Class AD-X Notional Amount derived from the Group 2 1 Mortgage Loans will be used to calculate these distributions;; and (iiiii) secondthird, to the Group 2 1 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 21, in the following order of priority: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balance is Balances are reduced to zero; and (iiiB) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountsecond, to the Class AR1-L Certificates (A-1 and Class 1-A-2 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (ib) On or after with respect to the Group 2, Class D-X and Class D-P Certificates, before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 3 will be made with respect 2, subject to the Group 3, Class A-X, Class AR and Class AR-L Certificates as followsSection 4.01(B) below: (i) first, concurrentlyto the Class D-P Certificates, the Class P Principal Distribution Amount for Loan Group 2; (ii) second, to the Group 3 2 and Class AD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AD-X Certificates pursuant to this Section 4.01(A)(i)(iparagraph 4.01(A)(b)(ii), only the portion of the Class AD-X Notional Amount derived from the Group 3 2 Mortgage Loans will be used to calculate these distributions;; and (iiiii) secondthird, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principalClass 2-A-1 and Class 2-A-2 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and; (iiic) third, after any payments with respect to the Group 13, Group 2Class D-X and Class D-P Certificates, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 4 will be made with respect 3, subject to the Group 4, Class AR and Class AR-L Certificates as followsSection 4.01(B) below: (i) first, concurrently, to the Group 4 Class D-P Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Class P Principal Distribution Amount that would have been distributed in the absence of such shortfallfor Loan Group 3; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 3 and Class CD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall;; provided, that for the purposes of distributions to the Class D-X Certificates pursuant to this paragraph 4.01(A)(c)(ii), only the portion of the Class D-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; provided, further, that any Class 3-A-2 Accrual Amount for any Distribution Date on or before the Class 3-A-2 Accretion Termination Date will instead be distributed as principal in accordance with the Class 3-A-2 Accretion Direction Rule; and (iiiii) secondthird, to the Group 5 Certificates 3 Certificates, entitled to principal, the Senior Principal Distribution Amount for Loan Group 53, in the following order of priority: (A) first, to the Class 3-A-4 Certificates, the Group 3 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, the lesser of (x) 99.99% of Senior Principal Distribution Amount for Loan Group 3 available for distribution pursuant to this clause paragraph 4.01(A)(c)(iii)(B) or (y) $896,420, sequentially as principalfollows: (1) first, to the Class 3-A-6 and Class 3-A-7 Certificates, pro rata based on Class Principal Balances, the lesser of (x) 99.99% of the Senior Principal Distribution Amount for Loan Group 3 available for distribution pursuant to this clause paragraph 4.01(A)(c)(iii)(B)(1) or (y) $565,000 until their respective Class Principal Balances are reduced to zero; (2) second, to the Class 3-A-3 Certificates, until its Class Principal Balance is reduced to zero; (3) third, to the Class 3-A-5 Certificates, until its Class Principal Balance is reduced to zero; (4) fourth, to the Class 3-A-6 and Class 3-A-7 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (C) third, to the Class 3-A-1 Certificates, in an amount necessary to reduce its Class Principal Balance to its Targeted Balance set forth on Schedule IV for such Distribution Date, until its Class Principal Balance is reduced to zero; and; (iiiD) thirdfourth, to the Class 3-A-2 Certificates, until its Class Principal Balance is reduced to zero; (E) fifth, to the Class 3-A-1 Certificates, without regard to its Targeted Balance for such Distribution Date, until its Class Principal Balance is reduced to zero; (F) sixth, to the Class 3-A-6 and Class 3-A-7 Certificates, pro rata based on Class Principal Balances, the lesser of (x) 99.99% of Senior Principal Distribution Amount for Loan Group 3 available for distribution pursuant to this clause paragraph 4.01(A)(c)(iii)(F) and (y) the excess of $565,000 over the total distribution made to the Class 3-A-6 and Class 3-A-7 Certificates pursuant to clause paragraph 4.01(A)(c)(iii)(B)(1) above, until their respective Class Principal Balances are reduced to zero; (G) seventh, to the Class 3-A-3 Certificates, until its Class Principal Balance is reduced to zero; (H) eighth, to the Class 3-A-5 Certificates, until its Class Principal Balance is reduced to zero; (I) ninth, to the Class 3-A-6 and Class 3-A-7 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (J) tenth, to the Class 3-A-4 Certificates, until its Class Principal Balance is reduced to zero; (d) with respect to the Group D-B, Class D-P, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2 and Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b) and (c) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, 2 and Group 3 and Group 4 Certificates pursuant to Section 4.06: (i) first, any remaining Available Distribution Amountconcurrently, (A) to the Class D-P Certificates, first, to the Class AR-L Certificates (extent of PO Recoveries for Loan Group 1 and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that such Distribution Date, the sum of (x) principal in an amount is held by Subsidiary REMIC 2), or equal to the applicable Class AR Certificates P Fraction of any loss on a Class P Mortgage Loan in Loan Group 1 incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(d)(i)(A) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(d)(i)(A) will not cause a further reduction in the extent that such amount is held by any Class Principal Balance of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)Class D-P Certificates; (B) On each to the Class D-P Certificates, first, to the extent of PO Recoveries for Loan Group 2 and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount referred equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in clause Loan Group 2 incurred in the previous calendar month (iother than an Excess Loss) and (y) the sum of the definition amounts, if any, by which the amount described in subclause (x) above of Interest Distribution Amount for such this Section 4.01(A)(d)(i)(B) on each prior Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on exceeded the amount of the Interest actually distributed on those prior Distribution Amount for each such Class before reduction Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(B)4.01(A)(d)(i)(B) will not cause a further reduction in the Class Principal Balance of the Class D-P Certificates; and (C) to the Class D-P Certificates, first, to the extent of PO Recoveries for Loan Group 3 and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (ix) Net Prepayment Interest Shortfalls experienced by principal in an amount equal to the Mortgage Loans in applicable Class P Fraction of any loss on a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Class P Mortgage Loan in a related Loan Group 3 incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(d)(i)(C) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that became any amounts distributed pursuant to this Section 4.01(A)(d)(i)(C) will not cause a Special Hazard Mortgage Loan during further reduction in the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Class Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagClass D-P Certificates;

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-5)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Certificate Group 1 Certificates, before I and the related Credit Support Depletion Date Class AR Certificates and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) firstsubject to paragraph (B) below, concurrently, to the Group 1 Certificates entitled to interestClass I-A Certificates, the Class I-X Certificates` and the Class AR Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and; (ii) secondon each Distribution Date, to from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 1I remaining after giving effect to the distributions pursuant to clause (A)(a)(i) above, to the Group I Certificates, the Group I Senior Principal Distribution Amount, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on until the Class Principal Balances, until their respective Balance of the Class Principal Balances are AR Certificates has been reduced to zero; (B) second, to the Class 1I-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 A Certificates, pro rata based on until the Class Principal Balances, until their respective Balance of the Class Principal Balances are I-A Certificates has been reduced to zero; (b) with respect to the Certificate Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date II and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowII: (i) first, concurrentlysubject to paragraph (B) below, to the Group 2 and Class AII-X A Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and; (ii) secondon each Distribution Date, to from the Group 2 Certificates, the Senior Principal Available Distribution Amount for Loan Group 2, in II remaining after giving effect to the following order of priority; distributions pursuant to clause (AA)(b)(i) firstabove, to the Class 2II-A-4A Certificates, the Group 2 Priority II Senior Principal Distribution Amount, until its the Class Principal Balance is reduced to zero; (B) second, to of the Class 2II-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is A Certificates has been reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 I and Loan Group 5 II remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (da) and (eb) above, to each Class of Subordinate Certificates, subject to Sections 4.01(Bparagraphs (B) and 4.01(C(C) below, and further subject to any payments to in the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero;: (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net unreimbursed Realized Losses for such previously allocated to that Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiiiclause (xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group C-B Subordinate Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for I and Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);II. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, I Certificates and Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X II Certificates shall be reduced by the Trust Administrator by, by the related Class’s ' pro rata share (based on the amount of the applicable Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution DateGroup; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s 's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan in the related Loan Group that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Mortgage Loan in such Loan Group incurred during prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan in the related Loan Group that became a Fraud Loan during the prior calendar month the excess of one month's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Group C-B Certificates with respect to a Loan Group, such reduction shall be based on the amount of interest accruing at the Net WAC Rate for that Loan Group on such Class' proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Subordinate Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Subordinate Certificates junior to such Class (the "Restricted Classes") and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments in Full and Principal Prepayments in Part will be allocated among the remaining Classes of Subordinate Certificates, pro rata, based upon their respective Class Principal Balances. (D) On each Distribution Date, the Trust Administrator shall remit to the Class I-X Certificates any Dividend Return Interest received pursuant to Section 3.05(g) and not yet remitted to the Holders of the Class I-X Certificates.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Cert Series 2002-Ar8)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I, Class A-X and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1I, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interestClass A-P Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Class P Principal Distribution Amount that would have been distributed in the absence of such shortfall; andfor Loan Group I; (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 I Certificates entitled to interest and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(iparagraph 4.01(A)(a)(ii), only a the portion of the Class A-X Notional Amount derived from the Group 2 I Mortgage Loans will be used to calculate these distributions; provided provided, further, that any Class 2I-A-2/2-A-5 A-6 Accrual Amount for any Distribution Date on or before the Class 2I-A-2/2-A-5 A-6 Accretion Termination Date will instead be distributed as principal in accordance with the Class 2I-A-2/2-A-5 A-6 Accretion Direction Directed Rule; and (iiiii) secondthird, to the Group 2 CertificatesI Certificates entitled to principal, as principal, the Senior Principal Distribution Amount for Loan Group 2I, in the following order of priority;: (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 AR and Class 2AR-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (iiB) second, to the Class 4I-A-2 A-3 and Class 4I-A-3 A-4 Certificates, the Senior Principal Distribution Group I Priority Amount for Loan Group 4that Distribution Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (eC) third, to the Class I-A-1, Class I-A-5, Class I-A-7 and Class I-A-9 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero (D) fourth, to the Class I-A-6 Certificates, until its Class Principal Balance is reduced to zero; (E) fifth, to the Class I-A-2 Certificates, until its Class Principal Balance is reduced to zero; and (F) sixth, to the Class I-A-3 and Class I-A-4 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 5 II, Class C-P and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5II, subject to Section 4.01(B) below: (i) first, to the Class C-P Certificates, the Class P Principal Distribution Amount for Loan Group II; (ii) second, concurrently, to the Group 5 II Certificates entitled to interest and the Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided that for the purposes of distributions to the Class C-X Certificates pursuant to this paragraph 4.01(A)(b)(ii), only the portion of the Class C-X Notional Amount derived from the Group II Mortgage Loans will be used to calculate these distributions; and (iiiii) secondthird, to the Class 5II-A-1 and Class II-A-2 and Class 5-A-3 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 5II, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (fc) with respect to the Group III, Class C-B, Class AR P Certificates and Class ARC-L X Certificates, before the related Credit Support Depletion Date, Date and from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) aboveIII, subject to Sections Section 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 P Certificates, an amount allocable to interest equal to the Interest Class P Principal Distribution Amount for such Class for such Distribution DateLoan Group III; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 III Certificates entitled to interestinterest and the Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall;; provided that for the purposes of distributions to the Class C-X Certificates pursuant to this paragraph 4.01(A)(c)(ii), only the portion of the Class C-X Notional Amount derived from the Group III Mortgage Loans will be used to calculate these distributions; and (iiiii) secondthird, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal BalancesIII-A-1 and Class III-A-2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 1III, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and. (iiid) third, after any payments With respect to the Group 2IV, Group 3Class A-X and Class A-P Certificates, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after before the related Credit Support Depletion Date, distributions to the extent of the Available Distribution Amount Funds for Loan Group 2 will be made with respect to the Group 2IV Mortgage Loans for that Distribution Date, Class A-X, Class AR and Class AR-L Certificates as followssubject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group IV; (ii) second, concurrently, to the Group 2 IV Certificates entitled to interest and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, provided that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(iparagraph 4.01(A)(d)(ii), only the portion of the Class A-X Notional Amount derived from the Group 2 IV Mortgage Loans will be used to calculate these distributions;; and (iiiii) secondthird, to the Group 2 CertificatesIV Certificates entitled to principal, as principal, the Senior Principal Distribution Amount for Loan Group 2IV, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; andin the following order of priority: (iiiA) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountfirst, to the Class ARIV-L Certificates (A-4, Class IV-A-9, Class IV-A-10, Class IV-A-11 and Class IV-A-12 Certificates, in an amount up to the extent that amount necessary to reduce their aggregate Class Principal Balance to their aggregate Planned Balance for such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Distribution Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3concurrently, Class A-X, Class AR and Class AR-L Certificates as follows: (i1) first80.0000000000%, concurrentlysequentially, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Acceptance Corp)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (EB) fifthsecond, to the Class 21-A-4 A-1 Certificates, until its Class Principal Balance is reduced to zero;. (cb) with respect to the Group 3 and the Class A-X 2 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below2: (i) first, concurrently, to the Group 3 Certificates and the Class A-X 2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 2 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, as principal, to the Class 52-A-2 A-1, Class 2-A-2-1 and Class 52-A-3 A-2-2 Certificates, the Group 2 Senior Principal Distribution Amount, concurrently, as follows: (▇) ▇▇.▇▇▇▇▇▇▇▇▇▇% of the Group 2 Senior Principal Distribution Amount for Loan Group 5such Distribution Date to the Class 2-A-1 Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;; and (f▇) ▇▇.▇▇▇▇▇▇▇▇▇▇% of the Group 2 Senior Principal Distribution Amount for such Distribution Date, sequentially, to the Class 2-A-2-1 Certificates and Class 2-A-2-2 Certificates, in that order, in each case until its Class Principal Balance is reduced to zero. (c) with respect to the Group 3 Certificates, and from the Available Distribution Amount relating to Loan Group 3: (i) first, to the Class 3-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, as principal, to the Class 3-A-1 Certificates, the Group 3 Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero. (d) with respect to the Group 4 Certificates, and from the Available Distribution Amount relating to Loan Group 4: (i) first, to the Class 4-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-1 Certificates, as principal, the Group 4 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (e) with respect to the Group C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, 3 and Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(aSections 4.01(I)(A)(a), (b), (c), (d) and (ed) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, 3 and Group 4 and Group 5 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 B-5, Class C-B-6, Class C-B-7, Class C-B-8 and Class C-B-6 B-9 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(i)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3 and Loan Group 4 (to the extent that such amount is held by Subsidiary REMIC 1I or REMIC II), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, Loan Group 3, 3 and Loan Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1III or REMIC IV), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X 4 and Class C-X B Certificates and for each of the Group 3 Excess Interest Amounts and Group 4 Excess Interest Amounts shall be reduced by the Trust Administrator by, by the related Class’s ' or Excess Interest Amounts' pro rata share (based on the amount of the Interest Distribution Amount for each such Class or Excess Interest Amount before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group 1, Group 2, Group 3 or Group 4 Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s 's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup 1, Group 2, Group 3 or Group 4 Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group 1, Group 2, Group 3 or Group 4 Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group 1, Group 2, Group 3 or Group 4 Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Class C-B Certificates with respect to Loan Group 1, Loan Group 2, Loan Group 3 or Loan Group 4 such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class' proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Class C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Class C-B Certificates junior to such Class (the "Restricted Classes") and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Class C-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination of Loan Group 1, Loan Group 2, Loan Group 3 and Loan Group 4 in excess of the Par Value to the holder of the Class AR-L Certificate. (II) With respect to the Group 5 Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) from the Interest Remittance Amount for Loan Group 5A and Loan Group 5B, to the Group 5 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for such Class and such Distribution Date, applied to the Group 5 Senior Certificates as follows: (1) amounts distributed to the Class 5-A-1-1 and Class 5-A-1-2 Certificates will reduce the Interest Remittance Amount for Loan Group 5A before any reduction to the Interest Remittance Amounts for Loan Group 5B in respect of such distribution; and (2) amounts distributed to the Class 5-A-2 Certificates will reduce the Interest Remittance Amount for Loan Group 5B before any reduction to the Interest Remittance Amounts for Loan Group 5A in respect of such distribution; (ii) first, from the Interest Remittance Amount for Loan Group 5B and then from the Interest Remittance Amount for Loan Group 5A, to the Class 5-M-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iii) first, from the Interest Remittance Amount for Loan Group 5B and then from the Interest Remittance Amount for Loan Group 5A, to the Class 5-M-2 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iv) first, from the Interest Remittance Amount for Loan Group 5B and then from the Interest Remittance Amount for Loan Group 5A, to the Class 5-M-3 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (v) first, from the Interest Remittance Amount for Loan Group 5B and then from the Interest Remittance Amount for Loan Group 5A, to the Class 5-M-4 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; and (vi) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 5 for such date in the following order of priority: (i) to the Group 5 Senior Certificates, concurrently, as follows: (1) from the Principal Remittance Amount for Loan Group 5A, sequentially, first (x) to the Class 5-A-1-1 and Class 5-A-1-2 Certificates in the order and priority described in Section 4.01(II)(f), until their respective Class Principal Balances are reduced to zero, and then (y) to the Class 5-A-2, until its Class Principal Balance has been reduced to zero; and (2) from the Principal Remittance Amount for Loan Group 5B, sequentially, first (x) to the Class 5-A-2 until its Class Principal Balance has been reduced to zero, and then (y) to the Class 5-A-1-1 and Class 5-A-1-2 Certificates in the order and priority described in Section 4.01(II)(f), until their respective Class Principal Balances are reduced to zero; 125 (ii) to the Class 5-M-1 Certificates, until its Class Principal Balance is reduced to zero; (iii) to the Class 5-M-2 Certificates, until its Class Principal Balance is reduced to zero; (iv) to the Class 5-M-3 Certificates, until its Class Principal Balance is reduced to zero; (v) to the Class 5-M-4 Certificates, until its Class Principal Balance is reduced to zero; and (vi) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(b)(i) through (v) above. (c) On each Distribution Date (A) on or after the Stepdown Date and (B) with respect to which a Trigger Event is not in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 5 for such date in the following order of priority: (i) to the Group 5 Senior Certificates, concurrently, as follows: (1) from the Principal Remittance Amount for Loan Group 5A, sequentially, first (x) to the Class 5-A-1-1 and Class 5-A-1-2 Certificates in the order and priority described in Section 4.01(II)(f), until their respective Class Principal Balances are reduced to zero, and then (y) to the Class 5-A-2 Certificates, until its Class Principal Balance has been reduced to zero, the sum of (1) the Group 5A Allocation Amount and (2) the component of the Principal Remittance Amount for Loan Group 5A representing payments, if any, under the Group 5 Interest Rate Cap Agreement to cover Realized Losses on the Group 5A Mortgage Loans; and (2) from the Principal Remittance Amount for Loan Group 5B, sequentially, first (x) to the Class 5-A-2 Certificates, until its respective Class Principal Balance has been reduced to zero, and then (y) to the Class 5-A-1-1 and Class 5-A-1-2 Certificates in the order and priority described in Section 4.01(II)(f), until their respective Class Principal Balances are reduced to zero, the sum of (1) the Group 5B Allocation Amount and (2) the component of the Principal Remittance Amount for Loan Group 5B representing payments, if any, under the Group 5 Interest Rate Cap Agreement to cover Realized Losses on the Group 5B Mortgage Loans; (ii) to the Class 5-M-1 Certificates, the Class 5-M-1 Principal Payment Amount for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) to the Class 5-M-2 Certificates, the Class 5-M-2 P

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-1)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 1 Certificates entitled to principal, pro rata based on Class Principal BalancesSenior Certificates, as principalfollows: (A) [reserved]; and (B) on each Distribution Date, the Senior Principal Distribution Amount for Loan Group 1, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed in the following order of priority: (a) to the Class A-R Certificates, until their respective its Class Principal Balances are Certificate Balance is reduced to zero; and (iiib) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06concurrently, to the Class AR1-L A-1 Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to and the Class AR Certificates (1-C-M Group 1 Component, pro rata, based on their respective Class Certificate Balance and Component Balance, until the Class Certificate Balance and Component Balance thereof are reduced to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (hiv) [reserved]; (2) On or after the related Credit Support Depletion each Distribution Date, distributions of the Trustee shall withdraw the Available Distribution Amount Funds for Loan Group 2 will be made with respect from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followsextent of Available Funds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[reserved]; (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountconcurrently, to the each Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC Group 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Senior Certificates as follows: (iA) first[reserved]; (B) on each Distribution Date, concurrentlythe Principal Amount for Loan Group 2, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion up to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the related Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each will be distributed, concurrently, to the Class of Group 2-A-1 Certificates and the Class 1, Group 2, Group 3, Group 4, Group 5, Group -C-BM Group 2 Component, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator bypro rata, the related Class’s pro rata share (based on their respective Class Certificate Balance and Component Balance, until the amount of the Interest Distribution Amount for each such Class before reduction pursuant Certificate Balance and Component Balance thereof are reduced to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagzero;

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac INDA Mortgage Loan Trust 2006-Ar2)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator shall determine Trustee will make the disbursements and transfers from amounts to be distributed to each Class then on deposit in the Distribution Account in the following order of Certificates as follows: (a) with respect priority and to the Group 1 Certificates, before the related Credit Support Depletion Date and from extent of the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 holders of each Class of Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority: (a) to the Class A Certificates, the related Accrued Certificate Interest Distribution Amount and any Unpaid Interest Amounts for such Distribution Date, as described below in Section 4.02(a)(v); (b) to the Class M-1 Certificates, the Accrued Certificate Interest Distribution Amount for such Class on such Distribution Date; (c) to the Class M-2 Certificates, the Accrued Certificate Interest Distribution Amount for such Class on such Distribution Date; (d) to the Class B-1 Certificates, the Accrued Certificate Interest Distribution Amount for such Class on such Distribution Date; (ii) (A) firston each Distribution Date (a) before the related Stepdown Date or (b) with respect to which a Trigger Event is in effect, to the holders of the related Class AR and Class AR-L Certificatesor Classes of Offered Certificates then entitled to distributions of principal as set forth below, pro rata based on Class an amount equal to the Principal Balances, until their respective Class Principal Balances are reduced to zero;Distribution Amount in the following order of priority: (Ba) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1-A-6 A-2 Certificates, pro rata based on Class Principal Balancesallocated as described in Section 4.02(c), until their the respective Class Principal Certificate Balances thereof are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions sequentially to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i)M-1, only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any M-2 and Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 B-1 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amountthat order, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Certificate Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2002-Ami)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided howeverthat prior to the Accrual Termination Date, that the Accrual Amount shall be distributed as provided in Section 4.02(a)(1)(ii); (ii) [reserved]; (iii) concurrently, to the Classes of Group 1 Senior Certificates as follows: (A) to the Class 1-PO Certificates the PO Formula Principal Amount until the Class Certificate Balance thereof is reduced to zero; and (B) on each Distribution Date, the Non-PO Formula Principal Amount for Loan Group 1 up to the purposes amount of distributions the related Senior Principal Distribution Amount for such Distribution Date will be distributed in the following priority: 1. to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 R Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Certificate Balance is reduced to zero;; and 2. concurrently (Bi) second94.6381239934% in the following priority: (a) concurrently, to the Class 21-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 A-4 and Class 21-A-5 Certificates, pro rata based on Class Principal Balancesrata, the Priority Amount, until their respective Class Principal Certificate Balances are reduced to zero (b) sequentially, to the Class 1-A-1 and Class 1-A-2 Certificates, in that order, until their respective Class Certificate Balances are reduced to zero; and: (c) concurrently, to the Class 1-A-4 and Class 1-A-5 Certificates, pro rata, without regard to the Priority Amount, until their respective Class Certificate Balances are reduced to zero; and (Eii) fifth5.3618760066%, concurrently, to the Class 21-A-4 A-3 and Class 1-A-6 Certificates, pro rata, until its their respective Class Principal Balance is Certificate Balances are reduced to zero; (civ) with respect to Group 3 and the Class A1-X PO Certificates, before any Class 1-PO Deferred Amount, up to an amount not to exceed the related Credit Support Depletion amount calculated pursuant to the definition of Subordinated Principal Distribution Amount for Loan Group 1 actually received or advanced for such Distribution Date (with such amount to be allocated first from amounts calculated pursuant to (i) and (ii) and then (iii) of the definition of Subordinated Principal Distribution Amount for Loan Group 1; (2) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 2 from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the extent of related Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) belowFunds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 3 Certificates and the Class A-X 2 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; andprovided that prior to the Accrual Termination Date, the Accrual Amount shall be distributed as provided in Section 4.02(a)(2)(ii); (ii) second[reserved]; (iii) concurrently, to the Class 5-A-2 and Class 5-A-3 CertificatesClasses of Group 2 Senior Certificates as follows: (A) [reserved]; and (B) on each Distribution Date, the Principal Amount for Loan Group 2 up to the amount of the related Senior Principal Distribution Amount for Loan Group 5such Distribution Date will be distributed concurrently, to the Class 2-A-1 and Class 2-A-2 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Certificate Balances are reduced to zero; (f3) with respect On each Distribution Date, after making the distributions described in Section 4.02(a)(1) and Section 4.02(a)(2), Available Funds remaining will be distributed to the Group C-B, Class AR and Class AR-L Certificates, before Senior Certificates to the related Credit Support Depletion extent provided in Section 4.03; (4) On each Distribution Date, Available Funds from the Available Distribution Amount relating to both Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 Groups remaining after giving effect making the distributions described in Section 4.02(a)(1), Section 4.02(a)(2) and Section 4.02(a)(3) will be distributed to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) Subordinated Certificates and (e) abovethe Class A-R Certificates, subject to Sections 4.01(B) and 4.01(Cparagraph 4.02(e) below, and further subject to any payments to in the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06following order of priority: (iA) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (iiiC) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (vE) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (viiG) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (ixI) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (xiK) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date;; and (xiiL) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Certificate Balance thereof is reduced to zero; (xiii5) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates[reserved]; and (xiv6) fourteenthto the Class A-R Certificates, any remaining Available funds. On each Distribution AmountDate, all amounts representing Prepayment Charges received during the related Prepayment Period (and amounts paid by the Servicer for waiving them) will be distributed to the holders of the Class P Certificates. On the Distribution Date immediately following the expiration of the latest Prepayment Charge Period of the Mortgage Loans, the $100 held in trust for the Class P Certificates will be distributed to the Class P Certificates. On each Distribution Date, all amounts representing Late Payment Fees assessable during the related Prepayment Period (and amounts paid by the Servicer for waiving them less any such amounts not deposited into the Distribution Account by the preceding Distribution Account Deposit date plus any such amounts deposited into the Distribution Account with respect to prior Prepayment Periods) will be distributed to the Holders of the Class L Certificates. On any Distribution Date, amounts distributed in respect of Class 1-PO Deferred Amounts will not reduce the Class Certificate Balance of the Class 1-PO Certificates. On any Distribution Date, to the Class AR-L Certificates (to extent the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Amount Available Distribution Amount for Senior Principal for Loan Group 1 will is insufficient to make the full distribution required to be made with respect pursuant to the Group 1 applicable clause (a)(iii), (A) the amount distributable on the Class 1-PO Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest in respect of principal shall be equal to the product of (1) the Amount Available for Senior Principal for Loan Group 1 and (2) a fraction, the numerator of which is the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to PO Formula Principal Amount and the amount denominator of which is the Interest Distribution Amount that would have been distributed in the absence sum of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class PO Formula Principal Balances, as principal, Amount and the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and 1 and (iiiB) third, after any payments to the amount distributable on the Group 2, Group 3, Group 4 and Group 5 1 Senior Certificates pursuant to Section 4.06, to other than the Class AR1-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X PO Certificates, an amount allocable to interest in respect of principal shall be equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among product of (1) such Classes in proportion to Amount Available for Senior Principal and (2) a fraction, the amount numerator of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, which is the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class 1 and the denominator of which is the sum of such Senior Principal Balances, until their respective Class Distribution Amount and the related PO Formula Principal Balance is reduced to zero; andAmount. (iiib) thirdOn each Distribution Date prior to and including the applicable Accrual Termination Date with respect to each Class of Accrual Certificates, after any payments the Accrual Amount for such Class for such Distribution Date shall not (except as provided in the second to last sentence in this paragraph) be distributed as interest with respect to such Class of Accrual Certificates, but shall instead be added to the Group 1related Class Certificate Balance of such Class on the related Distribution Date. With respect to any Distribution Date prior to and including the applicable Accrual Termination Date on which principal payments on any Class of Accrual Certificates are distributed pursuant to Section 4.02(a)(1)(iii) or Section 4.02(a)(2)(iii), Group 3, Group 4 the related Accrual Amount shall be deemed to have been added on such Distribution Date to the related Class Certificate Balance (and Group 5 included in the amount distributable on the related Class or Classes or Accretion Directed Certificates pursuant to Section 4.06, any remaining Available 4.02(a)(1)(iii) or Section 4.02(a)(2)(iii) for such Distribution AmountDate) and the related distribution thereon shall be deemed to have been applied concurrently towards the reduction of all or a portion of the amount so added and, to the Class AR-L Certificates (to extent of any excess, towards the extent that such amount is held by Subsidiary REMIC 1), or to reduction of the Class AR Certificate Balance of such Class of Accrual Certificates (immediately prior to such Distribution Date. Notwithstanding any such distribution, each such Class shall continue to be a Class of Accrual Certificates on each subsequent Distribution Date until the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);applicable Accrual Termination Date. (ic) On each Distribution Date on or after the related Senior Credit Support Depletion Date, distributions of notwithstanding the Available Distribution allocation and priority set forth in Section 4.02(a)(1)(iii)(B), the Non-PO Formula Principal Amount for related to Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion 1 up to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the related Senior Principal Distribution Amount for Loan Group 3such Distribution Date will be distributed concurrently, as principal, of the related Classes of Senior Certificates (other than the related Notional Amount Certificates and the Class 1-PO Certificates), pro rata based rata, on the basis of their respective Class Principal Certificate Balances, until their respective the Class Principal Certificate Balances is thereof are reduced to zero; and. (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bd) On each Distribution Date, the amount referred to in clause (i) of the definition of Class Optimal Interest Distribution Amount for each Class and Component of Certificates for such Distribution Date shall be reduced by (i) the related Class's or Component's pro rata share of Net Prepayment Interest Shortfalls based (x) with respect to a Class or Component of Senior Certificates, on the related Class Optimal Interest Distribution Amount and (y) with respect to a Class of Subordinated Certificates on or prior to the Senior Termination Date on the Assumed Interest Amount and after such Senior Termination Date, the related Class's Class Optimal Interest Distribution Amount for such Distribution Date for each Class of Group 1Date, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each without taking into account such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) the related Class's Allocable Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for the Mortgage Loans in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) incurred during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (e) Notwithstanding the priority and allocation contained in Section 4.02(a), if, with respect to any Class of Subordinated Certificates, on any Distribution Date the sum of the related Class Subordination Percentages of such Class and of all Classes of Subordinated Certificates that have a higher numerical Class designation than such Class (the "Applicable Credit Support Percentage") is less than the Original Applicable Credit Support Percentage for such Class, no distribution of Principal Prepayments on the Mortgage Loans will be made to any such Classes (the "Restricted Classes") and the amount of such Principal Prepayments otherwise distributable to the Restricted Classes shall be distributed to the Classes of Subordinated Certificates having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order set forth in Section 4.02(a)(4). Notwithstanding the foregoing, the Class of Subordinated Certificates then outstanding with the lowest numerical class designation shall not be a Restricted Class. (f) If the amount of a Realized Loss on a Mortgage Loan in a Loan Group has been reduced by application of Subsequent Recoveries with respect to such Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Certificate Balance of each related Class of Certificates to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates pursuant to Section 4.05. Holders of such Certificates will not be entitled to any payment in respect of the Class Optimal Interest Distribution Amount on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Balance of each Certificate of such Class in accordance with its respective Percentage Interest.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2007-A6)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5, Group 6 and Group 7 Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (Aa) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (Eb) fifthsecond, to the Class 21-A-4 A-1 Certificates, until its Class Principal Balance is reduced to zero;. (cb) with respect to the Group 3 and the Class A-X 2 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below2: (i) first, concurrently, to (1) the Group 3 Certificates and the Class A-X 2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among Amount for such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions Date and (2) to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 IO Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to portion of the related Interest Distribution Amount; Amount related to Loan Group 2 for such Distribution Date, in each case, any shortfall being allocated pro rata among such Classes in proportion to based on the amount of the related Interest Distribution Amount that would have been distributed to each Class in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 52 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, as principal, to the Class 2-A-1 and Class 2-A-2 Certificates, pro rata based on Class Principal BalancesBalance, the Group 2 Senior Principal Distribution Amount, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mort Sec Corp Mort Backed Pass THR Certs Ser 2003 Ar5)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Group 1 Available Funds, the Group 2 Available Funds, the Group 3 Available Funds and the Group 4 Available Funds from the Distribution Account and, pursuant to be distributed instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds to distributions in the following order and priority, in each Class case to the extent of Certificates as follows:Group 1 Available Funds, Group 2 Available Funds, Group 3 Available Funds and Group 4 Available Funds remaining, subject to adjustment in accordance with Section 4.02(e): (ai) with With respect to the Group 1 Certificates, before the related Credit Support Depletion Date Group 2 Certificates, the Group 3 Certificates and the Group 4 Certificates, from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interestAvailable Funds, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal2 Available Funds, the Senior Principal Distribution Amount for Loan Group 13 Available Funds and the Group 4 Available Funds, in the following order of priority;respectively, as follows: first, (A) first, to the each interest-bearing Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the of Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X 1 Certificates, an amount allocable to interest equal to the related Interest Distribution AmountAccrued Certificate Interest; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero;or (B) second, to the each interest-bearing Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to of Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X 2 Certificates, an amount allocable to interest equal to the related Interest Distribution AmountAccrued Certificate Interest; any shortfall being allocated pro rata among such Classes in proportion or (C) to each interest-bearing Class of Group 3 Certificates, an amount allocable to interest equal to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfallrelated Accrued Certificate Interest; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; andor (iiD) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the each interest-bearing Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the of Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and Accrued Certificate Interest. in each case (ii(A) secondthrough (D) of this paragraph), to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being shall be allocated pro rata among such Classes in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; second, (A) to each Class of Group 1 Certificates (other than the Class 1-A-X Certificates), as follows: (a) to the Class 1-PO Certificates, an amount allocable to principal equal to the Class 1-PO Principal Distribution Amount, up to the outstanding Class Principal Balance of the Class 1-PO Certificates; and (b) on each Distribution Date prior to the Cross-Over Date, the Group 1 Non-PO Formula Principal Amount, up to the amount of the Group 1 Optimal Principal Amount for such Distribution Date, to the Class 1-A-1, Class 1-A-2 and Class 1-A-3 Certificates, pro rata, until the Class Principal Balances of each such Class has been reduced to zero. (B) to each Class of Group 2 Certificates (other than the Class 2-A-X Certificates), as follows: (a) to the Class 2-PO Certificates, an amount allocable to principal equal to the Class 2-PO Principal Distribution Amount, up to the outstanding Class Principal Balance of the Class 2-PO Certificates; and (b) on each Distribution Date prior to the Cross-Over Date, the Group 2 Non-PO Formula Principal Amount, up to the amount of the Group 2 Optimal Principal Amount for such Distribution Date, to the Class 2-A-1 Certificates until the Class Principal Balance of such Class has been reduced to zero. (C) to each Class of Group 3 Certificates (other than the Class 3-A-X Certificates), as follows: (a) to the Class 3-PO Certificates, an amount allocable to principal equal to the Class 3-PO Principal Distribution Amount, up to the outstanding Class Principal Balance of the Class 3-PO Certificates; and (b) on each Distribution Date prior to the Cross-Over Date, the Group 3 Non-PO Formula Principal Amount, up to the amount of the Group 3 Optimal Principal Amount for such Distribution Date, concurrently as follows: (1) 64.1645739448% to the Class 3-A-1 and Class 3-A-2 Certificates, in that order, until the Class Principal Balance of each such Class has been reduced to zero, and (▇) ▇▇.▇▇▇▇▇▇▇▇▇▇% to the Class 3-A-3 and Class 3-A-4 Certificates, in that order, until the Class Principal Balance of each such Class has been reduced to zero. (D) to each Class of Group 4 Certificates (other than the Class 4-A-X1 and Class 4-A-X2 Certificates), concurrently as follows: (a) to the Class 4-PO-1 Certificates and the Class 4-PO-2 Certificates, pro rata, an amount allocable to principal equal to the Class 4-PO-1 Principal Distribution Amount and the Class 4-PO-2 Principal Distribution Amount, respectively, up to the outstanding Class Principal Balance of the Class 4-PO-1 Certificates and Class 4-PO-2 Certificates, respectively; and (b) on each Distribution Date prior to the Cross-Over Date, the Group 4 Non-PO Formula Principal Amount, up to the amount of the Group 4 Optimal Principal Amount for such Distribution Date, will be distributed in accordance with the following priorities: A. to the Class 4-A-4 Certificates, the Group 4-A-4 Principal Distribution Amount for that Distribution Date, until the Class Principal Balance of the Class 4-A-4 Certificates is reduced to zero; and B. to the Class A-R, Class 4-A-1, Class 4-A-2, Class 4-A-3 and Class 4-A-4 Certificates, in that order, until the Class Principal Balance of each such Class has been reduced to zero. third, (A) to the Class 1-PO Certificates, any Class 1-PO Deferred Amount; (B) to the Class 2-PO Certificates, any Class 2-PO Deferred Amount; (C) to the Class 3-PO Certificates, any Class 3-PO Deferred Amount; and (D) to the Class 4-PO-1 and Class 4-PO-2 Certificates, pro rata, any Class 4-PO-1 Deferred Amount and Class 4-PO-2 Deferred Amount, respectively; provided, however, that any payments in respect of the Class 1-PO Deferred Amount, Class 2-PO Deferred Amount, Class 3-PO Deferred Amount, Class 4-PO-1 Deferred Amount and Class 4-PO-2 Deferred Amount in the aggregate shall not exceed the Aggregate Junior Optimal Principal Amount actually received or advanced for such Distribution Date (any such Aggregate Junior Optimal Principal Amount, if insufficient to pay all such amounts, to be allocated pro rata among the Principal Only Certificates based on their respective Class PO Deferred Amounts) and will be payable from the Aggregate Junior Optimal Principal Amount first, from the amounts in clause (i) of the definition thereof, second, from amounts in clause (ii) of the definition thereof and third, from amounts in clause (iii) of the definition thereof.. (ii) secondto the Junior Certificates, from the Group 1 Available Funds, the Group 2 Available Funds, the Group 3 Available Funds and the Group 4 Available Funds, subject to Section 4.02(e), in the following order of priority: (A) to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (iiB) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance thereof is reduced to zero; (iiiC) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (ivD) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance thereof is reduced to zero; (vE) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the amount of the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viF) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance is thereof has been reduced to zero; (viiG) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the amount of the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (viiiH) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance is thereof has been reduced to zero; (ixI) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (xJ) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance thereof is reduced to zero; (xiK) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date;; and (xiiL) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Allocable Share for such Distribution Date, Date until its the Class Principal Balance thereof is reduced to zero;. (xiiiiii) thirteenthto the Class A-R Certificate, any remaining funds in the REMIC. On any Distribution Date, amounts distributed in respect of Class PO Deferred Amounts will not reduce the Class Principal Balance of the Class PO Certificates. On any Distribution Date, to the extent the Amount Available for Group 1 Principal is insufficient to make the full distribution required to be made pursuant to clause (i), priority second sub-clause (A) above, (x) the amount distributable on the Class C1-B-1PO Certificates in respect of principal shall be equal to the product of (1) the Amount Available for Group 1 Principal and (2) a fraction, the numerator of which is the Class C1-B-2PO Principal Distribution Amount and the denominator of which is the sum of the Class 1-PO Principal Distribution Amount and the Group 1 Optimal Principal Amount and (y) the amount distributable on the Group 1 Certificates, other than the Class C1-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 PO Certificates, in that orderrespect of principal shall be equal to the product of (1) the Amount Available for Group 1 Principal and (2) a fraction, up to an amount the numerator of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in which is the Class Group 1 Optimal Principal Balances Amount and the denominator of any which is the sum of the Group C1 Optimal Principal Amount and the Class 1-B Certificates; and (xiv) fourteenth, any remaining Available PO Principal Distribution Amount. On any Distribution Date, to the extent the Amount Available for Group 2 Principal is insufficient to make the full distribution required to be made pursuant to clause (i), priority second sub-clause (B) above, (x) the amount distributable on the Class AR2-L PO Certificates in respect of principal shall be equal to the product of (1) the Amount Available for Group 2 Principal and (2) a fraction, the numerator of which is the Class 2-PO Principal Distribution Amount and the denominator of which is the sum of the Class 2-PO Principal Distribution Amount and the Group 2 Optimal Principal Amount and (y) the amount distributable on the Group 2 Certificates, other than the Class 2-PO Certificates, in respect of principal shall be equal to the product of (1) the Amount Available for Group 2 Principal and (2) a fraction, the numerator of which is the Group 2 Optimal Principal Amount and the denominator of which is the sum of the Group 2 Optimal Principal Amount and the Class 2-PO Principal Distribution Amount. On any Distribution Date, to the extent that such amount the Amount Available for Group 3 Principal is held by Subsidiary REMIC 1insufficient to make the full distribution required to be made pursuant to clause (i), or priority second sub-clause (C) above, (x) the amount distributable on the Class 3-PO Certificates in respect of principal shall be equal to the product of (1) the Amount Available for Group 3 Principal and (2) a fraction, the numerator of which is the Class AR Certificates 3-PO Principal Distribution Amount and the denominator of which is the sum of the Class 3-PO Principal Distribution Amount and the Group 3 Optimal Principal Amount and (y) the amount distributable on the Group 3 Certificates, other than the Class 3-PO Certificates, in respect of principal shall be equal to the product of (1) the Amount Available for Group 3 Principal and (2) a fraction, the numerator of which is the Group 3 Optimal Principal Amount and the denominator of which is the sum of the Group 3 Optimal Principal Amount and the Class 3-PO Principal Distribution Amount. On any Distribution Date, to the extent that such amount the Amount Available for Group 4 Principal is held by any of Middle REMIC 1, Middle REMIC 2 or insufficient to make the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will full distribution required to be made pursuant to clause (i), priority second sub-clause (D) above, (x) the amount distributable on the Class 4-PO-1 or Class 4-PO-2 Certificates in respect of principal shall be equal to the product of (1) the Amount Available for Group 4 Principal and (2) a fraction, the numerator of which is (i) with respect to the Class 4-PO-1 Certificates, the Class 4-PO-1 Principal Distribution Amount or (ii) with respect to the Class 4-PO-2 Certificates, the Class 4-PO-2 Principal Distribution Amount, and the denominator of which is the sum of the Class 4-PO-1 Principal Distribution Amount, the Class 4-PO-2 Principal Distribution Amount and the Group 1 Certificates as follows:4 Optimal Principal Amount and (y) the amount distributable on the Group 4 Certificates, other than the Class 4-PO-1 or Class 4-PO-2 Certificates, in respect of principal shall be equal to the product of (1) the Amount Available for Group 4 Principal and (2) a fraction, the numerator of which is the Group 4 Optimal Principal Amount and the denominator of which is the sum of the Group 4 Optimal Principal Amount, the Class 4-PO-1 Principal Distribution Amount and the Class 4-PO-2 Principal Distribution Amount. (i) firstOn each Distribution Date on or after the Cross-Over Date, concurrentlynotwithstanding the allocation and priority set forth in Section 4.02(a)(i) third (A), to no distribution will be made on the Group 1 Class 1-PO Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount respect of the Interest Distribution Amount that would have been distributed in the absence of such shortfallClass 1-PO Deferred Amount; (ii) secondOn each Distribution Date on or after the Cross-Over Date, notwithstanding the allocation and priority set forth in Section 4.02(a)(i) third (B), no distribution will be made on the Class 2-PO Certificates in respect of the Class 2-PO Deferred Amount; (iii) On each Distribution Date on or after the Cross-Over Date, notwithstanding the allocation and priority set forth in Section 4.02(a)(i) second (C)(b), the portion of Group 3 Available Funds available to be distributed as principal to the Group 1 3 Certificates entitled to principal, pro rata based on (other than the Class Principal Balances3-A-X and Class 3-PO Certificates) shall be distributed concurrently, as principal, on such Classes, pro rata, on the Senior Principal Distribution Amount for Loan Group 1, until basis of their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective the Class Principal Balance is Balances thereof are reduced to zero; and. On each Distribution Date on or after the Cross-Over Date, notwithstanding the allocation and priority set forth in Section 4.02(a)(i) third (C), no distribution will be made on the Class 3-PO Certificates in respect of the Class 3-PO Deferred Amount; (iiiiv) thirdOn each Distribution Date on or after the Cross-Over Date, after any payments notwithstanding the allocation and priority set forth in Section 4.02(a)(i) second (D)(b), the portion of Group 4 Available Funds available to be distributed as principal to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to (other than the Class AR4-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3A-X1, Class 4-A-XX2, Class AR 4-PO-1 and Class AR4-L Certificates as follows: (iPO-2 Certificates) first, shall be distributed concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, on such Classes, pro rata based rata, on the basis of their respective Class Principal Balances, until their respective the Class Principal Balances is thereof are reduced to zero; and . On each Distribution Date on or after the Cross-Over Date, notwithstanding the allocation and priority set forth in Section 4.02(a)(i) third (iii) thirdD), after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to no distribution will be made on the Class AR4-L PO-1 or Class 4-PO-2 Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to in respect of the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 4-PO-1 Deferred Amount or the Master REMIC)Class 4-PO-2 Deferred Amount; (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bc) On each Distribution Date, the amount referred to in clause (i) of the definition of Accrued Certificate Interest Distribution Amount for each Class of Certificates for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, (i) the related Class’s ' pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group based on such Class' Accrued Certificate Interest for such Distribution Date; Date without taking into account such Net Prepayment Interest Shortfalls and (ii) the related Class' Pro Rata Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Net Mortgage Rate on the Stated Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction incurred

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2001-3)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 1, Class D-X and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 1; (ii) second, to the Group 1 Certificates entitled to interestand Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class D-X Certificates pursuant to this paragraph 4.01(A)(a)(ii), only the portion of the Class D-X Notional Amount derived from the Group 1 Mortgage Loans will be used to calculate these distributions; and (iiiii) secondthird, to the Group 1 Certificates entitled to principalCertificates, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero;; and (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1-A-6 A-2 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided howeverprovided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section paragraph 4.01(A)(b)(i), only a the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4A-3 and Class 2-A-4 Certificates, pro rata based on Class Principal Balances, the Group 2 Priority Amount, until its their respective Class Principal Balance is Balances are reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (ED) fifthfourth, to the Class 2-A-3 and Class 2-A-4 Certificates, until its pro rata based on Class Principal Balance is Balances, until their respective Class Principal Balances are reduced to zero; (c) with respect to the Group 3 and the Class AD-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class CD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class D-X Certificates pursuant to this paragraph 4.01(A)(c)(i), only the portion of the Class D-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Class 53-A-1 and Class 3-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4, Class A-X and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 4; (ii) second, to the Group 4 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this paragraph 4.01(A)(d)(ii), only the portion of the Class A-X Notional Amount derived from the Group 4 Mortgage Loans will be used to calculate these distributions; and (iii) third, to the Group 4 Certificates, the Senior Principal Distribution Amount for Loan Group 4, in the following order of priority: (A) first, first, to the Class 4-A-4 and Class 4-A-10 Certificates, pro rata based on Class Principal Balances, the Group 4 Priority Amount, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 4-A-1 and Class 4-A-11 Certificates, pro rata based on Class Principal Balances, the lesser of (x) 99.99% of Senior Principal Distribution Amount for Loan Group 4 available for distribution pursuant to this clause paragraph 4.01(A)(d)(iii)(B) or (y) $627,714, until their respective Class Principal Balances are reduced to zero; (C) third, to the Class 4-A-2 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 4-A-1 and Class 4-A-11 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (E) fifth, to the Class 4-A-3, Class 4-A-5 and Class 4-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (F) sixth, to the Class 4-A-7 Certificates, until its Class Principal Balance is reduced to zero; (G) seventh, to the Class 4-A-8 and Class 4-A-9 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (H) eighth, to the Class 4-A-4 and Class 4-A-10 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5, Class D-X and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 5; (ii) second, to the Group 5 and Class D-X Certificates (other than the Class 5-A-5 Certificates), an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class D-X Certificates pursuant to this paragraph 4.01(A)(e)(ii), only the portion of the Class D-X Notional Amount derived from the Group 5 Mortgage Loans will be used to calculate these distributions; provided, further that when the Certificate Index exceeds 5.300% per annum, for purposes of this clause (e)(ii), the Pass-Through Rate on the Class 5-A-1 Certificates will be capped at 6.000% per annum; and (iii) third, to the Group 5 Certificates (other than the Class 5-A-2 Certificates), the Senior Principal Distribution Amount for Loan Group 5, in the following order of priority; (A) first, to the Class 5-A-4 Certificates, the Group 5 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 5-A-6 and Class 5-A-7 Certificates, pro rata based on Class Principal Balances, in an amount necessary to reduce their aggregate Class Principal Balance to their aggregate Planned Balance set forth on Schedule IV for such Distribution Date, until their respective Class Principal Balances are reduced to zero; (C) third, to the Class 5-A-1 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the to the Class 5-A-6 and Class 5-A-7 Certificates, without regard to their aggregate Planned Balance for such Distribution Date, until their respective Class Principal Balances are reduced to zero; (E) fifth, to the Class 5-A-3 and Class 5-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (F) sixth, to the Class 5-A-4 Certificates, until its Class Principal Balance is reduced to zero; (f) with respect to the Group 6 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 6, subject to Section 4.01(B) below: (i) first, to the Group 6 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this paragraph 4.01(A)(f)(i), only the portion of the Class A-X Notional Amount derived from the Group 6 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 6 Certificates, the Senior Principal Distribution Amount for Loan Group 6, in the following order of priority; (A) first, to the Class 6-A-8 and Class 6-A-9 Certificates, pro rata based on Class Principal Balances, the Group 6 Priority Amount, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 6-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 6-A-2 and Class 6-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (D) fourth, to the to the Class 6-A-4 Certificates, until its Class Principal Balance is reduced to zero; (E) fifth, to the Class 6-A-5, Class 6-A-6 and Class 6-A-7 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (F) sixth, to the Class 6-A-8 and Class 6-A-9 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (g) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 2 and Loan Group 5 6 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d4.01(A)(b) and (ef) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 2 and Group 5 6 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its their Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii4.01(A)(g)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by a Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2D-B, Class A-XP, Class AR and Class AR-L Certificates as follows: (i) firstCertificates, concurrentlybefore the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i4.01(A)(a), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used (c), (d) and (e) above, subject to calculate these distributions; (iiSections 4.01(B) secondand 4.01(C) below, and further subject to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class , (A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions ) to the Class A-X Certificates P Certificates, first, to the extent of PO Recoveries for Loan Group 1 and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group 1 incurred in the previous calendar month (other than an Excess Loss) and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(h)(i)(A) on each prior Distribution Date exceeded the amount actually distributed on those prior Distribution Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(i)(i), only 4.01(A)(h)(i)(A) will not cause a further reduction in the portion Class Principal Balance of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 P Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each to the Class A-P Certificates, first, to the extent of PO Recoveries for Loan Group 4 and second, to the extent of amounts otherwise available to pay the Group D-B Principal Distribution Amount on that Distribution Date, the sum of (x) principal in an amount referred equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in clause Loan Group 4 incurred in the previous calendar month (iother than an Excess Loss) and (y) the sum of the definition amounts, if any, by which the amount described in subclause (x) above of Interest Distribution Amount for such this Section 4.01(A)(h)(i)(B) on each prior Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on exceeded the amount of the Interest actually distributed on those prior Distribution Amount for each such Class before reduction Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(B)4.01(A)(h)(i)(B) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagwi

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-2)

Priorities of Distribution. (A1) On each Distribution Date, Date the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following priority, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) firstconcurrently, to the each interest-bearing Class of Group 1 Certificates entitled to interestSenior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) [reserved]; (iii) concurrently, to each Class of Group 1 Senior Certificates as follows: (A) [reserved]; and (iiB) second, to the Group 1 Certificates entitled to principalon each Distribution Date, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, up to the Class AR and Class AR-L Certificatesamount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) secondconcurrently, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 A-4 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Certificate Balances are reduced to zero; (b2) with respect On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 2 from the Distribution Account and apply such funds to distributions on the Group 2 and Class A-X CertificatesSenior Certificates in the following priority, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowFunds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and[reserved]; (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06concurrently, to the each Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Senior Certificates as follows: (iA) first[reserved]; and (B) on each Distribution Date, the Principal Amount for Loan Group 2, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed, concurrently, to the Group 2 Class 2-A-1 and Class A2-X A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; (3) On each Distribution Date, the Trustee shall withdraw the Available Funds for Loan Group 3 from the Distribution Account and apply such funds to distributions on the Group 3 Senior Certificates in the following priority, in each case, to the extent of Available Funds remaining: (i) concurrently, to each interest-bearing Class of Group 3 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 4 3 Senior Certificates entitled to principalas follows: (A) [reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 3, up to the amount of the related Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on such Distribution Date will be distributed in the following priority: 1. to the Class Principal BalancesA-R Certificates, until their respective its Class Principal Balances Certificate Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount. concurrently, to the Class AR3-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR A-1 and Class AR3-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X A-2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balancesrata, until their respective Class Principal Certificate Balances is are reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B4) On each Distribution Date, the amount referred Trustee shall withdraw the Available Funds for Loan Group 4 from the Distribution Account and apply such funds to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based distributions on the amount Group 4 Senior Certificates in the following priority, in each case, to the extent of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagAvailable Funds remaining:

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Ar21ip)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 1, Class D-X and Class D-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principalClass D-P Certificates, the Senior Class P Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class AD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AD-X Certificates pursuant to this Section 4.01(A)(h)(iparagraph 4.01(A)(a)(ii), only the portion of the Class AD-X Notional Amount derived from the Group 2 1 Mortgage Loans will be used to calculate these distributions;; provided, further that (x) when the Certificate Index exceeds 5.300% per annum, for purposes of this clause (a)(ii), the Pass-Through Rate on the Class 1-A-1 Certificates will be capped at 6.000% per annum, (y) on or prior to the Distribution Date in April 2009, when the Certificate Index exceeds 5.00% per annum, for purposes of this clause (a)(ii), the Pass-Through Rate on the Class 1-A-8 Certificates will be capped at 6.000% per annum and (z) when the Certificate Index exceeds 5.150% per annum, for purposes of this clause (a)(ii), the Pass-Through Rate on the Class 1-A-9 Certificates will be capped at 6.000% per annum; and (iiiii) secondthird, to the Group 2 1 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 21, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; andin the following order of priority: (iiiA) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountfirst, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and (iiiB) thirdsecond, after any payments to the Group 1concurrently, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-4)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I, Class A-X and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, to the Class A-P Certificates, the Class I-P Principal Distribution Amount; (ii) second, concurrently, to the Group 1 I Certificates entitled to interest and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, however, that for purposes of the distributions pursuant to this Section 4.01(A)(a)(ii), the Interest Distribution Amount for the Class A-X Certificates shall be calculated solely on the basis of that portion of the Class A-X Notional Amount attributable to the Group I Mortgage Loans; and (iii) third, to the Group I Certificates entitled to principal, the Group I Senior Principal Distribution Amount, in the following order of priority: (A) first, to the Class AR Certificates, until its Class Principal Balance is reduced to zero; and (B) second, to the Class I-A-1 Certificates, until its Class Principal Balance is reduced to zero. (b) with respect to the Group II Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group II: (i) first, to the Class II-P Certificates, the Class II-P Principal Distribution Amount; (ii) second, concurrently, to the Group II Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) firstthird, to the Class AR and Class ARII-L A-1 Certificates, pro rata based on as principal, the Group II Senior Principal Distribution Amount, until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (bc) with respect to the Group 2 III, Class A-P and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06III: (i) first, to the Class CA-B-1 P Certificates, an amount allocable to interest equal to the Interest Class III-P Principal Distribution Amount for such Class for such Distribution DateAmount; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 III Certificates entitled to interest, an amount allocable to interest equal to and the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, however, that for the purposes of the distributions pursuant to this Section 4.01(A)(c)(ii), the Interest Distribution Amount for the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only shall be calculated solely on the basis of that portion of the Class A-X Notional Amount derived from attributable to the Group 2 III Mortgage Loans will be used to calculate these distributions;Loans; and (iiiii) secondthird, to the Group 2 CertificatesIII Certificates entitled to principal, as principal, the Group III Senior Principal Distribution Amount for Loan Group 2Amount, in the following order of priority: (A) first, concurrently, to the Class III-A-4 and Class III-A-24 Certificates, pro rata based on Class Principal BalancesBalance, the Group III Priority Amount, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class III-A-1, Class III-A-3, Class III-A-23, Class III-A-25 and Class III-A-26 Certificates, in an amount up to the amount necessary to reduce their aggregate Class Principal Balance to their aggregate Planned Balance for such Distribution Date, as follows: (1) first, to the Class III-A-1 Certificates, until its Class Principal Balance is reduced to zero; (2) second, to the Class III-A-26 Certificates, until its Class Principal Balance is reduced to zero; and (iii3) third, after any payments to the Group 1concurrently, Group 3as follows: (a) 44.09659967%, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountsequentially, to the Class AR-L Certificates (to following Classes in the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as followsfollowing order: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AIII-X Certificates pursuant A-3 Certificates, until its Class Principal Balance is reduced to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions;zero; and (ii) second, to the Group 3 Certificates entitled to principalClass III-A-25 Certificates, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certs Series 2003-8)

Priorities of Distribution. (I) (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced immediately prior to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available such Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal BalancesDate, until their respective Class Principal Balances are reduced to zero; and (EB) fifthsecond, the Group 1 Senior Principal Distribution Amount for that Distribution Date remaining after making the payments specified in clause (A) above, to the Class 21-A-4 A-1, Class 1-A-2-1 and Class 1-A-2-2 Certificates, until its pro rata, based on their respective Class Principal Balance is Balances immediately prior to such Distribution Date, until their respective Class Principal Balances are reduced to zero;. (cb) with respect to the Group 3 and the Class A-X 2 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below2: (i) first, concurrently, to the Group 3 Certificates and the Class A-X 2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 52 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, to the Class 2-A-1 Certificates, as principal, the Group 2 Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero. (c) with respect to the Group 3 Certificates, and from the Available Distribution Amount relating to Loan Group 3: (i) first, concurrently, to the Group 3 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, the Group 3 Senior Principal Distribution Amount, as principal, to the Class 3-A-1-1 Certificates, the Class 3-A-1-2 Certificates and the Class 3-A-2, Class 3-A-3-1 and Class 3-A-3-2 Certificates, pro rata rata, weighted based on the aggregate Class Principal BalancesBalances of such groups of classes (the Class 3-A-1-1 Certificates as one group, the Class 3-A-1-2 Certificates as one group, and the Class 3-A-2, Class 3-A-3-1 and Class 3-A-3-2 Certificates in the aggregate as one group), as follows: (A) to the Class 3-A-1-1 Certificates, until its Class Principal Balance is reduced to zero; (B) to the Class 3-A-1-2 Certificates, until its Class Principal Balance is reduced to zero; and (C) sequentially, first, to the Class 3-A-2 Certificates, until its Class Principal Balance is reduced to zero, and second, to the Class 3-A-3-1 and Class 3-A-3-2 Certificates, pro rata, based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances are reduced to zero;. (fd) with respect to the Group 4 Certificates, and from the Available Distribution Amount relating to Loan Group 4: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata between such Classes based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-1 and Class 4-A-2 Certificates, as principal, the Group 4 Senior Principal Distribution Amount, pro rata based on their respective Class Principal Balances immediately prior to such Distribution Date, until their respective Class Principal Balances are reduced to zero. (e) with respect to the Class C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, 3 and Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), Sections 4.01(I)(A)(a) through (d) and (e) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, 3 and Group 4 and Group 5 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance of Class C-B-1 Certificates is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance of Class C-B-2 Certificates is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance of Class C-B-3 Certificates is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance of Class C-B-4 Certificates is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance of Class C-B-5 Certificates is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance of Class C-B-6 Certificates is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(e)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3 or Loan Group 4 (to the extent that such amount is held by Subsidiary REMIC 1I), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, Loan Group 3, 3 or Loan Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1IV), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-10)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I, Group II, Group III, Group IV, Group V, Group VI, Group VII, Group VIII and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, concurrently, to the Group 1 I Certificates entitled to interestand the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group I Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group I Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 1I remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group I Senior Principal Distribution Amount, as principal, sequentially, as follows: (Aa) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (Eb) fifthsecond, to the Class 2I-A-4 A-1 Certificates, until its Class Principal Balance is reduced to zero;. (cb) with respect to the Group 3 and the Class A-X II Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) belowII: (i) first, concurrently, to the Group 3 II Certificates and the Class A-X CertificatesInterest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group II Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; providedor Group II Excess Interest Amount, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i)as applicable, only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal on each Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 II remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e4.01(I)(A)(b)(i) above, subject to Sections 4.01(B) and 4.01(C) belowas principal, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) firstsequentially, to the Class CII-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 A-1 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available II Senior Principal Distribution Amount, until their respective Class Principal balances are reduced to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);zero. (gc) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as followsIII Certificates, and from the Available Distribution Amount relating to Loan Group III: (i) first, concurrently, to the Group 1 III Certificates entitled to interestand the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group III Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the or Group 1 Certificates entitled to principal, pro rata based on Class Principal BalancesIII Excess Interest Amount, as principalapplicable, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions;and (ii) second, to the Group 2 Certificates, as principal, the Senior Principal on each Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of from the Available Distribution Amount for Loan Group 3 will be made with respect III remaining after giving effect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (idistributions pursuant to Section 4.01(I)(A)(c)(i) first, concurrentlyabove, to the Group 3 Class III-A-1 and Class AIII-X A-2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on their respective Class Principal Balances, as principal, the Group III Senior Principal Distribution Amount, until their respective Class Principal Balances is have been reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass THR Certs Ser 2003-Ar26)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I and Group II and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group 1 I Certificates entitled to interestand the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group I Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group I Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 1I remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above to the Group I Certificates, the Group I Senior Principal Distribution Amount, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on until its Class Principal Balances, until their respective Class Principal Balances are Balance has been reduced to zero;; and (B) second, to the Class 1I-A-1, Class 1I-A-2, A-2 and Class 1I-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal BalancesBalance, until their respective Class class Principal Balances are have been reduced to zero;. (b) with respect to the Group 2 and Class A-X II Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowII: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group 2 II Certificates and Class A-X Certificatesthe Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group II Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the or Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority II Excess Interest Amount, until its Class Principal Balance is reduced to zero; (B) secondas applicable, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 5II remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, to the Class II-A-1 and Class II-A-2 Certificates, pro rata based on Class Principal Balances, the Group II Senior Principal Distribution Amount, until their respective Class Principal Balances are have been reduced to zero;. (fc) with respect to the Group C-B, B and Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 I and Loan Group 5 II remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (dSections 4.01(I)(A)(a) and (eb) above, subject to Sections 4.01(B4.01(I)(B) and 4.01(C(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 I and Group 5 II Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net unreimbursed Realized Losses for such previously allocated to that Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(e)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for I and Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);II. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1I, Group 2, Group 3, Group 4, Group 5, II and Group C-B, Class A-X B Certificates and Class C-X Certificates for each of the Group I and Group II Excess Interest Amounts shall be reduced by the Trust Administrator by, by the related Class’s ’ or Excess Interest Amounts’ pro rata share (based on the amount of the Interest Distribution Amount for each such Class or Excess Interest Amount before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group I or Group II Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup I or Group II Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group I or Group II Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group I or Group II Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Group C-B Certificates with respect to Loan Group I or Loan Group II such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Group C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Group C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Group C-B Certificates, pro rata, based upon their respective Class Principal Balances. (II) With respect to the Group III Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) to the Class III-A-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (ii) to the Class III-M 1 Certificates, Current Interest for such Class and such Distribution Date; (iii) to the Class III-M 2 Certificates, Current Interest for such Class and such Distribution Date; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group III for such date in the following order of priority: (i) to the Class III-A-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class III-M 1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class III-M 2 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(b)(i) through (iii) above. (c) On each Distribution Date (A) on or after the Stepdown Date and (B) with respect to which a Trigger Event is not in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group III for such date in the following order of priority: (i) to the Class III-A-1 Certificates, the Group III Senior Principal Payment Amount, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class III-M 1 Certificates, the Class III-M-1 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class III-M 2 Certificates, the Class III-M-2 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(c)(i) though (iii) above. (d) On each Distribution Date, the Trust Administrator shall distribute the Monthly Excess Cashflow for such date in the following order of priority: (A) until the aggregate Class Principal Balance of the Group III Certificates, other than the Class III-X Certificates, equals the Aggregate Loan Group Balance of Loan Group III for such Distribution Date minus the Targeted Overcollateralization Amount for such date, on each Distribution Date (x) prior to the Stepdown Date or (y) with respect to which a Trigger Event is in effect, to the extent of Monthly Excess Interest for such Distribution Date, to the Group III Certificates, in the following order of priority: 1. to the Class III-A-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; 2. to the Class III-M 1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and 3. to the Class III-M 2 Certificates, until the Class Principal Balance of such Class has been reduced to zero. (B) on each Distribution Date (x) on or after the Stepdown Date and (y) with respect to which a Trigger Event is not in effect, to fund any principal distributions required to be made on such Distribution Date set forth above in Section 4.01(II)(c) above, after giving effect to the distribution of the Principal Payment Amount for Loan Group III for such Distribution Date, in accordance with the priorities set forth therein; (ii) to the Class III-A-1 Certificates, any Basis Risk Shortfall due and owing for such Class; (iii) to the Class III-M-1 Certificates, any Basis Risk Shortfall due and owing for such Class; (iv) to the Class III-M-2 Certificates, any Basis Risk Shortfall due and owing for such Class; (v) to the Class III-M 1 Certificates, first, any Carryforward Interest and then any Deferred Amount for such Class; (vi) to the Class III-M 2 Certificates, first any Carryforward Interest and then any Deferred Amount for such Class; (vii) to the Basis Risk Reserve Fund, any Required Basis Risk Reserve Fund Deposit; (viii) to the Class III-X Certificates, the Class III-X Distributable Amount for such Distribution Date together with any amounts withdrawn from the Basis Risk Reserve Fund for distribution to such Class III-X Certificates pursuant to Sections 4.08(b) and (e); and (ix) to the Class AR Certificates, any remaining amount; provided, however that any amount that would be distributable pursuant to this priority (ix) shall not be paid with respect to the Class AR Certificates but shall be paid instead with respect to the Class III-X Certificates pursuant to a contract that exists under this Agreement between the Class AR Certificateholders and the Class III-X Certificateholders.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certs Ser 2003-Ar9)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine make the amounts to be distributed to each Class following distributions from the Distribution Account, net of Certificates as follows: (a) with respect the Trustee Fee and Trustee’s expenses, of an amount equal to the Interest Funds for each Group 1 Certificates, before in the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowfollowing order of priority: (i) firstfrom the Interest Funds for each Group, to the related Senior Certificates, the Current Interest and any Interest Carry Forward Amount for the such Certificates (or, in the case of the Class A-IO and Class S Certificates and Group 1 Certificates entitled to interestII and Group III, an amount allocable to interest equal to the related Interest Distribution AmountAllocable Portions thereof); provided, however, that any shortfall being allocated in available amounts in respect of each Group shall be applied, pro rata rata, among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence Senior Certificates of such shortfallGroup; and (ii) secondany remaining amounts from the Interest Funds for Group I, Group II and Group III shall be combined and distributed pursuant to Section 4.1(b) hereof. (b) On each Distribution Date, the Trustee shall apply all amounts remaining pursuant to Section 4.1(a)(ii) in the following order of priority: (i) to the Class M-1 Certificates, the Current Interest thereon; (ii) to the Class M-2 Certificates, Current Interest thereon; (iii) to the Class M-3 Certificates, Current Interest thereon; (iv) to the Class B Certificates, Current Interest on such Classes; and (v) any remaining amounts pursuant to Section 4.1(g) hereof. (c) On each Distribution Date, the Trustee shall make the following distributions from the Distribution Account of an amount equal to the Principal Distribution Amount for each Group 1 as follows: (i) From the Principal Distribution Amount for Group I, an amount up to the Senior Principal Distribution Amount for such Group shall be distributed as follows: (x) the Priority Principal Distribution Amount to the Class AF 6 Certificates entitled until the Class Certificate Balance thereof has been reduced to principalzero, and (y) the balance of such remaining Senior Principal Distribution Amount sequentially to the Class AF-1, Class AF-2, Class AF-3, Class AF-4, Class AF-5 and Class AF-6 Certificates, in that order, so that no such distribution pursuant to this clause (y) will be made to any such Class until the Certificate Principal Balances of all such Class AF Certificates with a lower numeral designation shall have been reduced to zero; provided, however, that, on any Distribution Date on or after the Credit Support Depletion Date, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, I will be distributed pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect not sequentially to the Group 2 and I Class A-X A Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and; (ii) secondFrom the Principal Distribution Amount for Group II, an amount up to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan such Group 2, in the following order of priority; (A) first, shall be distributed to the Class 2-A-4, the Group 2 Priority Amount, AV-1 Certificates until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Certificate Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have thereof has been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to From the Class C-B-2 CertificatesPrincipal Distribution Amount for Group III, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan such Group 1, shall be distributed to the Class AV 2 Certificates until their respective the Class Principal Balances are Certificate Balance thereof has been reduced to zero; and (iiiiv) thirdIn the event the Certificate Principal Balance of one or more of the (A) Group I Class A Certificates, after any payments (B) the Group II Class A Certificates, or (C) the Group III Class A Certificates has been reduced to zero, on such Distribution Date and each Distribution Date thereafter principal distributions otherwise distributable to such retired Certificates will be applied to the remaining Senior Certificates related to the other Mortgage Loan Groups, pro rata, on the basis of their Class Certificate Balances (after giving effect to the distributions described in this Section 4.1(c)). Any such distributions in respect of the Group 2I Class A Certificates will be distributed to such Classes in the manner provided in the first subparagraph of this subsection. (d) On each Distribution Date, Group 3, Group 4 and Group 5 Certificates the Trustee shall distribute the Principal Distribution Amount for all Groups remaining after distributions pursuant to Section 4.06, to 4.1(c) in the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any following order of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followspriority: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i)M-1 Certificates, only the portion of the Class A-X Notional Amount derived from M-1 Principal Distribution Amount, until the Group 2 Mortgage Loans will be used Class Certificate Balance thereof has been reduced to calculate these distributionszero; (ii) second, to the Group 2 Class M-2 Certificates, as principalthe Class M-2 Principal Distribution Amount, until the Class Certificate Balance thereof has been reduced to zero; (iii) to the Class M-3 Certificates, the Senior Class M-3 Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal BalancesAmount, until their respective the Class Principal Certificate Balance is thereof has been reduced to zero; and (iiiiv) third, after any payments to the Group 1Class B Certificates, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available the Class B Principal Distribution Amount, to until the Class AR-L Certificates (Certificate Balances thereof have been reduced to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);zero. (ie) On Notwithstanding Section 4.1(c) and (d) hereof, before the Stepdown Date or after the related Credit Support Depletion Date, distributions of the Available if a Trigger Event is in effect on any Distribution Date each Principal Distribution Amount for Loan Group 3 will shall be made with respect to distributed in the Group 3, Class A-X, Class AR and Class AR-L Certificates as followsfollowing order of priority: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed Class A Certificates (in the absence case of Group I, in the manner described in Section 4.1(c)) until the Certificate Principal Balance of such shortfall; provided, that for the purposes of distributions Class A Certificates has been reduced to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributionszero; (ii) secondafter the Certificate Principal Balance of the Class A Certificates has been reduced to zero, the remaining combined Principal Distribution Amounts shall be distributed to the Group 3 Class M-1 Certificates entitled until the Class Certificate Balance of the Class M-1 Certificates has been reduced to principalzero; (iii) after the Class Certificate Balance of the Class M 1 Certificates has been reduced to zero, the Senior remaining combined Principal Distribution Amount for Loan Group 3Amounts shall be distributed to the Class M-2 Certificates until the Class Certificate Balance of the Class M-2 Certificates has been reduced to zero; (iv) after the Class Certificate Balance of the Class M-2 Certificates has been reduced to zero, as principal, pro rata based on the remaining combined Principal Distribution Amounts shall be distributed to the Class Principal Balances, M-3 Certificates until their respective the Class Principal Balances is Certificate Balance of the Class M-3 Certificates has been reduced to zero; and (iiiv) thirdafter the Class Certificate Balance of the Class M 3 Certificates has been reduced to zero, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available combined Principal Distribution Amount, Amounts shall be distributed to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2)B Certificates, or to until the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions Certificate Balance of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L B Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have has been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and. (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bf) On each Distribution Date, the amount referred Trustee shall distribute Pledged Prepayment Penalties for such Distribution Date in accordance with the priorities set forth in clauses (xvi) through (xxi) of Section 4.1(g) hereof (without regard to references to the Basis Risk Reserve Fund). (g) On each Distribution Date, the Trustee shall make the following distributions from the Distribution Account of any remaining amounts pursuant to Sections 4.1(b)(v) hereof, together with any Net Pledged Prepayment Penalties for such Distribution Date, in clause the following order of priority: (i) on each of the definition first three Distribution Dates only, to the Basis Risk Reserve Fund, any Basis Risk Payment for such date; (ii) on each of the first three Distribution Dates only, from and to the extent of amounts held in the Basis Risk Reserve Fund, to the Class A Certificates, on a pro rata basis any applicable Cap Carryover Amount; (iii) on each of the first three Distribution Dates only, from and to the extent of amounts held in the Basis Risk Reserve Fund, to the Class M-1 Certificates, any applicable Cap Carryover Amount; (iv) on each of the first three Distribution Dates only, from and to the extent of amounts held in the Basis Risk Reserve Fund, to the Class M-2 Certificates, any applicable Cap Carryover Amount; (v) on each of the first three Distribution Dates only, from and to the extent of amounts held in the Basis Risk Reserve Fund, to the Class M-3 Certificates, any applicable Cap Carryover Amount; (vi) on each of the first three Distribution Dates only, from and to the extent of amounts held in the Basis Risk Reserve Fund, to the Class B Certificates, any applicable Cap Carryover Amounts; (vii) the related Principal Percentage of the Extra Principal Distribution Amount will be added to the Principal Distribution Amount for Group I; the Principal Percentage for Group II of the Extra Principal Distribution Amount will be added to the Principal Distribution Amount for Group II; and the related Principal Percentage for Group III of the Extra Principal Distribution Amount will be added to the Principal Distribution Amount for Group III; (viii) to the Class M-1 Certificates, any related Interest Carry Forward Amount; (ix) to the Class M-1 Certificates, any related Unpaid Realized Loss Amount; (x) to the Class M-2 Certificates, any related Interest Carry Forward Amount; (xi) to the Class M-2 Certificates, any related Unpaid Realized Loss Amount; (xii) to the Class M-3 Certificates, any related Interest Carry Forward Amount; (xiii) to the Class M-3 Certificates, any related Unpaid Realized Loss Amount; (xiv) to the Class B Certificates, any related Interest Carry Forward Amount; (xv) to the Class B Certificates, any related Unpaid Realized Loss Amount; (xvi) to the Basis Risk Reserve Fund, any Basis Risk Payment for such date; (xvii) on any Distribution Date on or before the Distribution Date on which the Class Certificate Balance thereof has been reduced to zero, from and to the extent of amounts held in the Basis Risk Reserve Fund, on a pro rata basis, to the Class AF Certificates, any applicable Cap Carryover Amount and to the Class AV-1 and Class AV-2 Certificates, any applicable Net Cap Carryover Amounts; (xviii) on any Distribution Date on or before the Distribution Date on which the Class Certificate Balance of the Class M-1 Certificates has been reduced to zero, from and to the extent of amounts held in the Basis Risk Reserve Fund, to the Class M-1 Certificates, any applicable Net Cap Carryover Amount; (xix) on any Distribution Date on or before the Distribution Date on which the Class Certificate Balance of the Class M-2 Certificates has been reduced to zero, from and to the extent of amounts held in the Basis Risk Reserve Fund, to the Class M-2 Certificates, any applicable Net Cap Carryover Amount; (xx) on any Distribution Date on or before the Distribution Date on which the Class Certificate Balance of the Class M-3 Certificates has been reduced to zero, from and to the extent of amounts held in the Basis Risk Reserve Fund, to the Class M-3 Certificates, any applicable Net Cap Carryover Amount; (xxi) on any Distribution Date on or before the Distribution Date on which the Class Certificate Balance of the Class B Certificates has been reduced to zero, from and to the extent of amounts held in the Basis Risk Reserve Fund, to the Class B Certificates, any applicable Net Cap Carryover Amount; and (xxii) the remainder pursuant to Section 4.1(i) hereof. (h) On each Distribution Date, the Trustee shall distribute an amount equal to the Class P Prepayment Amount for such Distribution Date to the Class P Certificates. (i) On each Distribution Date, the Trustee shall distribute to the Class C Certificates any remaining amounts pursuant to Section 4.1(g)(xxii) hereof, to the extent of the sum of the interest accrued thereon at the rate described in Schedule III and that has not been distributed to the Class C Certificates on prior Distribution Dates (amounts deposited in the Basis Risk Reserve Fund under Section 4.1(g)(xvi) are treated as distributed for this purpose), amounts representing earnings on the Basis Risk Reserve Fund, and any amounts released from the Basis Risk Reserve Fund. (j) On each Distribution Date, to the extent the Servicer or Master Servicer shall have collected any Subsequent Recoveries during the related Prepayment Period, the Trustee shall apply such amounts as follows: first, sequentially, in order of priority, to each Class of Group 1Subordinate Certificates then outstanding, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount in reduction of the Interest Distribution Amount for each any amounts previously applied to such Class before reduction to reduce the Class Certificate Balance thereof pursuant to Section 4.3 hereof (provided, however, that any such amounts distributed pursuant to this Section 4.01(Bclause first to a Class of Subordinate Certificates shall not reduce the Class Certificate Balance thereof)) ; and second, as part of (i) Net Prepayment the related Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group Funds for such Distribution Date; and Date for application pursuant to Section 4.1(a). (iik) (A) after On each Distribution Date the related Special Hazard Coverage Termination Date, with respect Trustee shall distribute to each Mortgage Loan the Class R Certificates any remaining amounts in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagDistribution Account.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Saxon Asset Securities Co)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Trust Administrator Group I Certificates, the Group II Certificates, the Group III Certificates and the Group IV Certificates the Trustee shall determine the amounts to be distributed to each Class of Certificates Certificates, as follows: (a) with respect to the Certificate Group 1 Certificates, before the related Credit Support Depletion Date I and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, concurrently, from the Available Distribution Amount for Loan Group I, to the Group 1 Certificates entitled to interestClass I-A-1 and Class I-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and; (ii) second, on each Distribution Date prior to the Group 1 Certificates entitled to principalCredit Support Depletion Date, from the Senior Principal Available Distribution Amount for Loan Group 1, in I remaining after giving effect to the following order of priority; distributions pursuant to clause (Aa)(i) firstabove, to the Class AR and Class ARI-L A-1 Certificates, pro rata based on the related Senior Principal Distribution Amount, until the Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to Balance of the Class 1I-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are A-1 Certificates has been reduced to zero; (b) with respect to the Certificate Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date II and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowII: (i) first, concurrently, from the Available Distribution Amount for Loan Group II, to the Group 2 Class II-A-1, Class II-A-2, Class II-A-3, Class II-X and Class A-X AR Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among the Certificates of such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and; (ii) second, on each Distribution Date prior to the Group 2 CertificatesCredit Support Depletion Date, from the Senior Principal Available Distribution Amount for Loan Group 2, in II remaining after giving effect to the following order of priority; distributions pursuant to clause (Ab)(i) firstabove, to the Class 2AR, Class II-A-4A-1, Class II-A-2 and Class II-A-3 Certificates, the Group 2 Priority related Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero; (B) secondsequentially, to the Class 2AR, Class II-A-1 CertificatesA-1, until its Class Principal Balance is reduced to zero; (C) third, to the II-A-2 and Class 2II-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balancesin that order, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is have been reduced to zero; (c) with respect to Certificate Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date III and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) belowIII: (i) first, concurrently, from the Available Distribution Amount for Loan Group III, to the Group 3 Certificates Class III-A-1 and the Class AIII-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes in proportion to the amount Certificates of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and; (ii) second, on each Distribution Date prior to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 III remaining after giving effect to the distributions pursuant to Section 4.01(A)(aclause (c)(i) above, to the Class III-A-1 Certificates, the related Senior Principal Distribution Amount, until the Class Principal Balance of the Class III-A-1 Certificates has been reduced to zero; (d) with respect to Certificate Group IV and from the Available Distribution Amount relating to Loan Group IV: (i) first, to MGIC, the MGIC Fee for such Distribution Date; (ii) second, to the Trustee, the Trustee Fee for such Distribution Date; (iii) concurrently, from the Available Distribution Amount for Loan Group IV, to the Class IV-A-1 and Class IV-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount for such Distribution Date, any shortfall being allocated pro rata among the Certificates of such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iv) fourth, on each Distribution Date prior to the Credit Support Depletion Date, from the Available Distribution Amount for Loan Group IV remaining after giving effect to the distributions pursuant to clauses (d)(i), (d)(ii) and (d)(iii) above, to the Class IV-A-1 Certificates, the related Senior Principal Distribution Amount, until the Class Principal Balance of the Class IV-A-1 Certificates has been reduced to zero; and (e) from the Available Distribution Amount relating to Loan Group I, Loan Group II, Loan Group III and Loan Group IV remaining after the distributions pursuant to (a), (b), (c), ) and (d) above, to each Class of Subordinate Certificates relating to Loan Group I, Loan Group II, Loan Group III and (e) aboveLoan Group IV, subject to Sections 4.01(Bparagraphs (B) and 4.01(C(C) below, and further subject to any payments to in the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class the Certificate Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class the Certificate Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class the Certificate Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class the Certificate Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class the Certificate Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its Class the Certificate Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 B-1 Certificates, in that order, up to an amount of Net as reimbursement for any Realized Losses for such Class, if anypreviously allocated in reduction of their Class Principal Balances; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiiiclause (v) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any such Class of the Group C-B Certificates; andCertificate; (xiv) fourteenth, to the Class C-B-2 Certificates, as reimbursement for any Realized Losses previously allocated in reduction of their Class Principal Balances; provided, however, that any distribution pursuant to this clause (vi) shall not result in a further reduction of the Class Principal Balance of such Class of Certificate; (xv) fifteenth, to the Class C-B-3 Certificates, as reimbursement for any Realized Losses previously allocated in reduction of their Class Principal Balances; provided, however, that any distribution pursuant to this clause (v) shall not result in a further reduction of the Class Principal Balance of such Class of Certificate; (xvi) fourteenth, to the Class C-B-4 Certificates, as reimbursement for any Realized Losses previously allocated in reduction of their Class Principal Balances; provided, however, that any distribution pursuant to this clause (vi) shall not result in a further reduction of the Class Principal Balance of such Class of Certificate; (xvii) fifteenth, to the Class C-B-5 Certificates, as reimbursement for any Realized Losses previously allocated in reduction of their Class Principal Balances; provided, however, that any distribution pursuant to this clause (v) shall not result in a further reduction of the Class Principal Balance of such Class of Certificate; (xviii) sixteenth, to the Class C-B-6 Certificates, as reimbursement for any Realized Losses previously allocated in reduction of their Class Principal Balances; provided, however, that any distribution pursuant to this clause (vi) shall not result in a further reduction of the Class Principal Balance of such Class of Certificate; (xix) to the Class AR Certificates, any remaining Available Distribution AmountAmount for Loan Group I, to Loan Group II and Loan Group III. Notwithstanding the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1allocation and priority set forth in Section 4.01(A)(b)(ii), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On on each Distribution Date on or after the related Credit Support Depletion Date, distributions the portion of the Available Distribution Amount for Loan Group 1 II available to be distributed to the Class II-A-1, Class II-A-2, Class II-A-3 and Class AR Certificates specified in such Section will be made with respect to distributed by the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata Trustee among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principalClasses, pro rata based rata, on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until basis of their respective Class Principal Balances (prior to making any distributions on such Distribution Date) and until the Class Principal Balances thereof are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1I Certificates, Group 2II Certificates, Group 3, III Certificates and Group 4, Group 5, Group C-B, Class A-X and Class C-X IV Certificates shall be reduced by the Trust Administrator Trustee by, (i) the related Class’s ' pro rata share (based on the amount of the applicable Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B4.01(B)(i)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a related Loan Group for such Distribution DateI, Loan Group II, Loan Group III and Loan Group IV; and (ii) the Class' Pro Rata Allocation of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related such Loan Group Groups that became a Special Hazard Mortgage Loan during the prior calendar monthrelated Prepayment Period, the excess of one month’s 's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan in such Loan Groups that became subject to a Bankruptcy Loss during the related Prepayment Period, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Mortgage Loan in such Loan Groups incurred during the related Prepayment Period and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan in such Loan Groups that became a Fraud Loan during the related Prepayment Period the excess of one month's interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (C) With respect to each Class of Subordinate Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments in Full and Principal Prepayments in Part will be made by the Trustee to any Class or Classes of Subordinate Certificates junior to such Class (the "Restricted Classes") and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments in Full and Principal Prepayments in Part will be allocated among the remaining Classes of Subordinate Certificates, pro rata, based upon their respective Class Principal Balances.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to distributions will be distributed made first with respect to each Class Loan Group, to GEMICO, in the amount of Certificates as followsthe GEMICO Premium on the Mortgage Loans covered under the GEMICO PMI Policy in that Loan Group and, with respect to Group III, to the Certificate Insurer, the MBIA Premium, and thereafter in the following order and priority: (a) with respect to the Certificate Group 1 CertificatesI, before the related Credit Support Depletion Date and from Date, to the extent of the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI for that Distribution Date: (i) first, to the Group 1 I Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to other than the Class AR and Class ARI-L A-12 Certificates), pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificatesrata, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, however, that for on or before the purposes Class I-A-11 Accretion Terminate Date, the amount of distributions interest that would otherwise be distributable to the Class AI-X A-11 Certificates pursuant to this Section 4.01(A)(h)(i), only clause (a)(i) will instead be distributed as principal to the portion Class I-A-10 Certificates until the Class Principal Balance of the Class AI-X Notional Amount derived from the Group 2 Mortgage Loans will be used A-10 Certificates has been reduced to calculate these distributions;zero; and (ii) second, to the Group 2 I Certificates (other than the Class I-A-9, Class I-X-1 and the Class I-X-2 Certificates), as principal, an amount up to the Group I Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available that Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3concurrently, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions ▇.▇▇▇▇▇▇▇▇▇▇% to the Class AI-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal BalancesA-12 Certificates, until their respective Class Principal Balances is Balance has been reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Trust Administrator Group I Certificates, the Group II Certificates, the Group III Certificates, the Group IV Certificates and the Class A-P Certificates the Trustee shall determine the amounts to be distributed to each Class class of Certificates certificates as follows: (a) with respect to Group I Certificates, Class A-X and the Group 1 Class A-P Certificates, before the related Credit Support Depletion Date Date, and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, to the Class A-P Certificates, the Class I-P Principal Distribution Amount; (ii) second, to the Certificate Insurer, the MBIA Premium for such Distribution Date; (iii) third, pro rata to the Group 1 I Certificates entitled to interestinterest and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfallshortfall provided, however, that for purposes of distributions pursuant to this clause (a)(iii), the Interest Distribution Amount for the Class A-X Certificates shall be calculated solely on the basis of that portion of the Class A-X Notional Amount attributable to the Group I Mortgage Loans; and (iiiv) secondfourth, on each Distribution Date prior to the Group 1 Certificates entitled to principalCredit Support Depletion Date, from the Senior Principal Available Distribution Amount for Loan Group 1I remaining after giving effect to the distributions pursuant to clauses I(a)(i), I(a)(ii) and (I)(a)(iii) above, to the Group I Senior Certificates (other than any Group I Certificates that are Notional Amount Certificates), the related Senior Principal Distribution Amount, in the following order of priority;: (Ai) firstconcurrently, to the Class AR I-A-4 and Class ARI-L A-31 Certificates, pro rata based on Class Principal Balancesrata, the Group I Priority Amount, until their respective Class Principal Balances are reduced to zero; (Bii) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 R Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have has been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed following classes in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followsfollowing order: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certs Series 2001 33)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date I Certificates and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowAmount: (i) first, to the Class I-P Certificates, the Class I-P Principal Distribution Amount; (ii) second, subject to paragraph (B) below, concurrently, to each Class of Group 1 I Senior Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) secondon each Distribution Date, from the Available Distribution Amount remaining after giving effect to the distributions pursuant to clauses I(A)(a)(i) and I(A)(a)(ii) above, to each Class of Group I Senior Certificates (other than the Class I-X and Class I-P Certificates), the Group 1 Certificates entitled to principal, the I Senior Principal Distribution Amount for Loan Group 1Amount, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on until the Class Principal Balances, until their respective Balance of the Class Principal Balances are AR Certificates has been reduced to zero; (B) second, pro rata, to the Class 1I-A-1, Class 1I-A-2, Class 1-A-3 A-2 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2I-A-3 Certificates, until its the Class Principal Balance is reduced to zero; (D) fourth, to of the Class 2I-A-1, Class I-A-2 and Class 2I-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are A-3 Certificates has been reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5, Class C-B-1X and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (Aa) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (Eb) fifthsecond, to the Class 21-A-4 A-1 Certificates, until its Class Principal Balance is reduced to zero;. (cb) with respect to the Group 3 and the Class A-X 2 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below2: (i) first, concurrently, to the Group 3 Certificates and the Class A2-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among Amount for such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributionsDate; and (ii) second, to on each Distribution Date, from the Group 3 Certificates entitled to principal, the Senior Available Distribution Amount for Loan Group 3 2 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, as principal, to the Class 3-A-1 and Class 3-A-3 2 A 1 Certificates, pro rata based on the Group 2 Senior Principal Distribution Amount, until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (dc) with respect to the Group 4 3 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below3: (i) first, to the Group 4 CertificatesClass 3-A-1 Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount or, in the case of the Interest Remittance Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Group 3 Excess Interest Amount for Loan Group 4such Distribution Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among between such Classes Class and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group 3 Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, to the Class 3 A 1 Certificates, as principal, the Group 3 Senior Principal Distribution Amount, until the Class Principal Balance is reduced to zero. (d) with respect to the Group 4 Certificates, and from the Available Distribution Amount relating to Loan Group 4: (i) first, to the Class 4-A-1 Certificates and the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount, or, in the case of the Interest Remittance Amount, the Group 4 Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Class and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group 4 Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4 A 1 Certificates, as principal, the Group 4 Senior Principal Distribution Amount, until the Class Principal Balance of such Class is reduced to zero. (e) with respect to the Group 5 Certificates, and from the Available Distribution Amount relating to Loan Group 5: (i) first, to the Class 5-A-2 and Class 5-A-3 A-1 Certificates, an amount allocable to interest equal to the Senior Principal related Interest Distribution Amount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 55 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(e)(i) above, pro rata based on as principal, to the Class 5 A 1 Certificates, the Group 5 Senior Principal Distribution Amount, until the Class Principal Balances, until their respective Balance of such Class Principal Balances are is reduced to zero;. (f) with respect to the Group C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(aSections 4.01(I)(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 and Class C-B-1X Certificates, an amount allocable pro rata based on amounts due, the respective Interest Distribution Amounts; provided, however, that, notwithstanding the foregoing, accrued interest to interest equal be distributed to the Interest Distribution Amount for such Class C-B-1X Certificates will be reduced to the extent of the Class C-B-1X Required Reserve Fund Deposit for such Distribution DateDate pursuant to Section 4.09(b); (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1 Certificates, any amounts withdrawn from the Class C-B-1 Basis Risk Reserve Fund for distribution to such Class C-B-1 Certificates pursuant to Sections 4.09(b) and (e); and (xiv) fourteen, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(f)(xiv) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2004-Ar7)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, the Group 1 Senior Principal Distribution Amount for that distribution date remaining after making the payments specified in clause (i) above, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-3-1, Class 1-A-3-2 and Class 1-A-6 A-4 Certificates and the Class 1-A-5 Certificates, pro rata rata, weighted based on Class Principal Balances, until their respective the aggregate Class Principal Balances are reduced to zero; of such groups of classes (b) with respect to the Group Class 1-A-1, Class 1-A-2, Class 1-A-3-1, Class 1-A-3-2 and Class A1-X A-4 Certificates, before in the related Credit Support Depletion Date aggregate, as one group and from the Available Distribution Amount relating to Loan Group 2Class 1-A-5 Certificates as one group), subject to Section 4.01(B) belowas follows: (i1) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the 1 Senior Principal Distribution Amount for Loan Group 2that distribution date remaining after making the payments specified in clause (i) above allocated to the Class 1-A-1, in Class 1-A-2, Class 1-A-3-1, Class 1-A-3-2 and Class 1-A-4 Certificates as follows: (I) 37.57272671% of such amount to the following order Class 1-A-1 Certificates, until its Class Principal Balance has been reduced to zero; and (II) 62.42727329% of priority;such amount to the Class 1-A-2, Class 1-A-3-1, Class 1-A-3-2 and Class 1-A-4 Certificates sequentially as follows: (A) first, to the Class 21-A-4A-2, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 21-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2A-3-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 1 and Class 21-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2A-3-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i1) first, concurrently, 60.33376640% of such amount to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1-A-2 Certificates, until their respective its Class Principal Balances are Princ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇n reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2006-2)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds from the Distribution Account and apply such funds to be distributed to distributions on the Certificates in the following order and priority and, in each Class of Certificates as follows: (a) with respect case, to the Group 1 Certificates, before the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first[Reserved]; (ii) concurrently, to the Group 1 Certificates entitled to each interest-bearing Class of Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, provided that prior to the Group 1 Certificates entitled to principalAccrual Termination Date, the Senior Principal Distribution Accrual Amount for Loan Group 1, shall be distributed as provided in the following order of prioritySection 4.02(a)(iii); (Aiii) first, to the Class AR and Class AR-L CertificatesA-2 Accrual Amount, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1A-3 Accrual Amount, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class AA-1-X Certificates pursuant to this Section 4.01(A)(b)(i)1 Accrual Amount, only a portion of the Class AA-1-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before and the Class 2A-1-A-2/2-A-5 Accretion Termination Date 3 Accrual Amount will instead be distributed in accordance with the Class 2-A-2/2-A-5 A-2 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2Class A-3 Accretion Direction Rule, in the following order of priority; (A) first, to the Class 2A-1-A-41 Accretion Direction Rule, the Group Class A-1-2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 Accretion Direction Rule and Class 2A-1-A-5 Certificates3 Accretion Direction Rule, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Daterespectively; (iv) fourth, to the each Class C-B-2 of Senior Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates concurrently as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CWMBS Inc)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) secondconcurrently, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i4.01(A)(a)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 1 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 21-A-2/2A-3 Accrual Amount for any Distribution Date on or before the Class 1-A-3 Accretion Termination Date will instead be distributed in accordance with the Class 1-A-3 Accretion Direction Rule; provided further, that any Class 1-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/21-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/21-A-5 Accretion Direction Rule; provided further, that on any Distribution Date on or prior to the Distribution Date in July 2010 when the Certificate Index exceeds 5.400% per annum, for the purpose of this clause (a)(i), the Pass-Through Rate on the Class 1-A-1 Certificates will be capped at 6.00% per annum; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority: (A) first, to the Class 1-A-4, Class 1-A-7 and Class 1-A-11 Certificates, the Group 1 Priority Amount, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-8 and Class 1-A-10 Certificates, in an amount necessary to reduce their aggregate Class Principal Balance to their aggregate Planned Balance set forth on Schedule VI for such Distribution Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (C) third, to the Class 1-A-1 Certificates, in an amount necessary to reduce its Class Principal Balance to its Targeted Balance set forth on Schedule VII for such Distribution Date, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 1-A-3 Certificates, until its Class Principal Balance is reduced to zero; (E) fifth, to the Class 1-A-1 Certificates, without regard to its Targeted Balance, until its Class Principal Balance is reduced to zero; (F) sixth, to the Class 1-A-5 Certificates, until its Class Principal Balance is reduced to zero; (G) seventh, to the Class 1-A-8 and Class 1-A-10 Certificates, without regard to their aggregate Planned Balance, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (H) eighth, to the Class 1-A-6 Certificates, until its Class Principal Balance is reduced to zero; and (I) ninth, to the Class 1-A-4, Class 1-A-7 and Class 1-A-11 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 2; (ii) second, to the Group 2 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iii) third, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2AR and Class AR-A-4L Certificates, the Group 2 Priority Amountpro rata based on Class Principal Balances, until its their respective Class Principal Balance is Balances are reduced to zero; (B) second, to the Class 2-A-1 CertificatesA-3 and Class 2-A-4, the Group 2 Priority Amount, pro rata, based on Class Principal Balances, until its their respective Class Principal Balance is Balances are reduced to zero; (C) third, to the Class 2-A-3 A-1 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 Certificates, until its Class Principal Balance is reduced to zero; and (E) fifth, to the Class 2-A-3 and Class 2-A-5 A-4 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 3-A-3 Accrual Amount for any Distribution Date on or before the Class 3-A-3 Accretion Termination Date will instead be distributed in accordance with the Class 3-A-3 Accretion Direction Rule; provided further, that any Class 3-A-12 Accrual Amount for any Distribution Date on or before the Class 3-A-12 Accretion Termination Date will instead be distributed in accordance with the Class 3-A-12 Accretion Direction Rule; provided further, that on any Distribution Date on or prior to the Distribution Date in May 2011 when the Certificate Index exceeds 4.90% per annum, for the purpose of this clause (c)(i), the Pass-Through Rate on the Class 3-A-1 Certificates will be capped at 5.50% per annum; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 in the following order of priority: (A) first, to the Class 3-A-1 A-13, Class 3-A-14 and Class 3-A-3 A-15 Certificates, the Group 3 Priority Amount, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (dB) with respect to the Group 4 Certificatessecond, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4concurrently, subject to Section 4.01(B) belowas follows: (i1) 73.4851262142%, sequentially, as follows: (a) first, to the Group 4 Class 3-A-6 and Class 3-A-8 Certificates, in an amount allocable necessary to interest equal reduce their aggregate Class Principal Balance to the related Interest their aggregate Planned Balance set forth on Schedule VIII for such Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iib) second, to the Class 53-A-2 and A-1 Certificates, in an amount necessary to reduce its Class 5Principal Balance to its Targeted Balance set forth on Schedule IX for such Distribution Date, until its Class Principal Balance is reduced to zero; (c) third, to the Class 3-A-12 Certificates, until its Class Principal Balance is reduced to zero; (d) fourth, to the Class 3-A-1 Certificates, without regard to its Targeted Balance, until its Class Principal Balance is reduced to zero; (e) fifth, to the Class 3-A-3 Certificates, until its Class Principal Balance is reduced to zero; (f) sixth, to the Senior Principal Distribution Amount for Loan Group 5Class 3-A-6 and Class 3-A-8 Certificates, without regard to their aggregate Planned Balance, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero;; and (fg) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) firstseventh, to the Class C3-B-1 A-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-2)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4, Group 5 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-1 and Class 1-A-6 A-2 Certificates, pro rata based on their respect Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;. (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A2-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any such Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction RuleDate; and (ii) second, to on each Distribution Date, from the Group 2 Certificates, the Senior Principal Available Distribution Amount for Loan Group 22 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, in the following order of priority; (A) firstas principal, to the Class 2-A-4A-1 Certificates, the Group 2 Priority Senior Principal Distribution Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero;. (c) with respect to the Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A3-X A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among Amount for such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributionsDate; and (ii) second, to on each Distribution Date, from the Group 3 Certificates entitled to principal, the Senior Available Distribution Amount for Loan Group 3 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(c)(i) above, as principal, to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on the Group 3 Senior Principal Distribution Amount, until its Class Principal Balances, until their respective Class Principal Balances are Balance is reduced to zero;. (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Class 4-A-1 Certificates, an amount allocable to interest equal to the related Interest Distribution AmountAmount for such Distribution Date; and (ii) second, on each Distribution Date, from the Available Distribution Amount for Loan Group 4 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(d)(i) above, to the Class 4-A-2 and Class 4-A-3 A-1 Certificates, as principal, the Group 4 Senior Principal Distribution Amount for Loan Group 4Amount, pro rata based on until the Class Principal Balances, until their respective Balance of such Class Principal Balances are is reduced to zero;. (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 55 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(e)(i) above, to the Group 5 Certificates, as principal, the Group 5 Senior Principal Distribution Amount, pro rata rata, based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;. (f) with respect to the Group C-B, Class AR B and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(aSections 4.01(I)(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C4.01(I)(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant as described in Section 4.07, to Section 4.06the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(i)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group Class C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates Certificates, any remaining Available Distribution Amount for Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 (to the extent that such amount is held by Subsidiary REMIC 1I or REMIC II), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1III or REMIC IV), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X 5 and Class C-X B Certificates and for each of the Group 4 Excess Interest Amounts and Group 5 Excess Interest Amounts shall be reduced by the Trust Administrator by, by the related Class’s ’ or Excess Interest Amounts’ pro rata share (based on the amount of the Interest Distribution Amount for each such Class or Excess Interest Amount before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4 or Group 5 Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup 1, Group 2, Group 3, Group 4 or Group 5 Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the prior calendar month, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group 1, Group 2, Group 3, Group 4 or Group 5 Mortgage Loan, as applicable, incurred during the prior calendar month and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group 1, Group 2, Group 3, Group 4 or Group 5 Mortgage Loan, as applicable, that became a Fraud Loan during the prior calendar month the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Class C-B Certificates with respect to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 or Loan Group 5 such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Class C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Class C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Class C-B Certificates, pro rata, based upon their respective Class Principal Balances. (D) The Trust Administrator shall distribute the Mortgage Loan Purchase Price of any Optional Termination of Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 in excess of the Par Value to the holder of the Class AR-L Certificate. (II) With respect to the Group 6 Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) from the Interest Remittance Amount for Loan Group 6A and Loan Group 6B, to the Group 6 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for such Class and such Distribution Date, applied to the Group 6 Senior Certificates as follows: (1) amounts distributed to the Class 6-A-1-1 and Class 6-A-1-2 Certificates will reduce the Interest Remittance Amount for Loan Group 6A before any reduction to the Interest Remittance Amounts for Loan Group 6B in respect of such distribution; and (2) amounts distributed to the Class 6-A-2 Certificates will reduce the Interest Remittance Amount for Loan Group 6B before any reduction to the Interest Remittance Amounts for Loan Group 6A in respect of such distribution; (ii) first, from the Interest Remittance Amount for Loan Group 6B and then from the Interest Remittance Amount for Loan Group 6A, to the Class 6-M-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iii) first, from the Interest Remittance Amount for Loan Group 6B and then from the Interest Remittance Amount for Loan Group 6A, to the Class 6-M-2 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iv) first, from the Interest Remittance Amount for Loan Group 6B and then from the Interest Remittance Amount for Loan Group 6A, to the Class 6-M-3 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (v) first, from the Interest Remittance Amount for Loan Group 6B and then from the Interest Remittance Amount for Loan Group 6A, to the Class 6-M-4 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (vi) first, from the Interest Remittance Amount for Loan Group 6B and then from the Interest Remittance Amount for Loan Group 6A, to the Class 6-M-5 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; and (vii) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 6 for such date in the following order of priority: (i) to the Group 5 Senior Certificates, concurrently, as follows: (1) from the Principal Remittance Amount for Loan Group 6A, sequentially, first (x) to the Class 6-A-1-1 and Class 6-A-1-2 Certificates in the order and priority described in Section 4.01(II)(f), until their respective Class Principal Balances are reduced to zero, and then (y) to the Class 6-A-2 Certificates, until its Class Principal Balance has been reduced to zero; and (2) from the Principal Remittance Amount for Loan Group 6B, sequentially, first (x) to the Class 6-A-2 Certificates until its Class Principal Balance has been reduced to zero, and then (y) to the Class 6-A-1-1 and Class 6-A-1-2 Certificates in the order and priority described in Section 4.01(II)(f), until their respective Class Principal Balances are reduced to zero; (ii) to the Class 6-M-1 Certificates, until its Class Principal Balance is reduced to zero; (iii) to the Class 6-M-2 Certificates, until its Class Principal Balance is reduced to zero; (iv) to the Class 6-M-3 Certificates, until its Class Principal Balance is reduced to zero; (v) to the Class 6-M-4 Certificates, until its Class Principal Balance is reduced to zero; (vi) to the Class 6-M-5 Certificates, until its Class Principal Balance is reduced to zero; and (vii) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(b)(i) through (v) above. (c) On each Distribution Date (A) on or after the Stepdown Date and (B) with respect to which a Trigger Event is not in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group 6 for such date in the following order of priority: (i) to the Group 6 Senior Certificates, concurrently, as follows: (1) from the Principal Remittance Amount for Loan Group 6A, sequentially, first (x) to the Class 6-A-1-1 and Class 6-A-1-2 Certificates in the order and priority described in Section 4.01(II)(f), until their respective Class Principal Balances are reduced to zero, and then (y) to the Class 6-A-2 Certificates, until its Class Principal Balance has been reduced to zero, the sum of (1) the Group 6A Allocation Amount and (2) the component of the Principal Remittance Amount for Loan Group 6A representing payments, if any, under the

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-2)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 and Class D-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AD-X Certificates pursuant to this Section 4.01(A)(h)(iparagraph 4.01(A)(a)(i), only the portion of the Class AD-X Notional Amount derived from the Group 2 1 Mortgage Loans will be used to calculate these distributions;; provided, further that any Class 1-A-3 Accrual Amount for any Distribution Date on or before the Class 1-A-3 Accretion Termination Date will instead be distributed as principal in accordance with the Class 1-A-3 Accretion Direction Rule; provided, further that when the Certificate Index exceeds 5.500% per annum, for purposes of this clause (a)(i), the Pass-Through Rate on the Class 1-A-1 Certificates will be capped at 6.000% per annum; and (ii) second, to the Group 2 1 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 31, as principalin the following order of priority: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iiB) second, to the Group 4 Certificates entitled to principalClass 1-A-4 Certificates, the Class 1-A-4 Priority Amount, until its Class Principal Balance is reduced to zero; (C) third, the lesser of (x) 99.99% of Senior Principal Distribution Amount for Loan Group 41 available for distribution pursuant to this clause 4.01(A)(a)(ii)(C) or (y) $1,943,550, concurrently, as principalfollows: (a) 37.7360941902%, to the Class 1-A-8 and Class 1-A-9 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2006-6)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group I, Group II and Group C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowI: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group 1 I Certificates entitled to interestand the Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group I Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount or Group I Excess Interest Amount, as applicable, that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 1, in I remaining after giving effect to the following order of priority; (Adistributions pursuant to Section 4.01(I)(A)(a)(i) firstabove, to the Group I Certificates (other than the Class AR I-X Certificates), the Group I Senior Principal Distribution Amount to the Class I-A-1 and Class ARI-L A-2 Certificates, pro rata based on Class Principal Balancesrata, until their respective Class Principal Balances are have been reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero;. (b) with respect to the Group 2 and Class A-X II Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) belowII: (i) first, subject to Section 4.01(I)(B) below, concurrently, to the Group 2 II Certificates and Class A-X Certificatesthe Interest Remittance Amount, an amount allocable to interest equal to the related Interest Distribution Amount; , or, in the case of the Interest Remittance Amount, the Group II Excess Interest Amount for such Distribution Date, any shortfall being allocated pro rata among such Classes and the Interest Remittance Amount in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the or Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority II Excess Interest Amount, until its Class Principal Balance is reduced to zero; (B) secondas applicable, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Available Distribution Amount for Loan Group 5II remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(b)(i) above, pro rata based on to the Group II Certificates, the Group II Senior Principal Distribution Amount, in the following order of priority: (A) first, to the Class AR Certificates, until its Class Principal Balances, until their respective Class Principal Balances are Balance has been reduced to zero;; and (fB) second, to the Class II-A-1 Certificates, until its Class Principal Balance has been reduced to zero. (c) with respect to the Group C-B, B and Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 I and Loan Group 5 II remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (dSections 4.01(I)(A)(a) and (eb) above, subject to Sections 4.01(B4.01(I)(B) and 4.01(C(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 I and Group 5 II Certificates pursuant to as described in Section 4.06, to the following Classes in the following order of priority: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-1 Certificates has been reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-2 Certificates has been reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-3 Certificates has been reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-4 Certificates has been reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-5 Certificates has been reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, Date until its the Class Principal Balance is of Class C-B-6 Certificates has been reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net unreimbursed Realized Losses for such previously allocated to that Class, if any; provided, however, that any amounts distributed distribution pursuant to this Section 4.01(A)(f)(xiii4.01(I)(A)(c)(xiii) will shall not cause result in a further reduction in of the Class Principal Balances Balance of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by Certificates, any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the remaining Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for I and Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);II. (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1I, Group 2, Group 3, Group 4, Group 5, II and Group C-B, Class A-X B Certificates and Class C-X Certificates for each of the Group I and Group II Excess Interest Amounts shall be reduced by the Trust Administrator by, by the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B4.01(I)(B)) of (i) Net Prepayment Interest Shortfalls experienced by the for Mortgage Loans in a the related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Group I or Group II Mortgage Loan in a related Loan Group Loan, as applicable, that became a was the subject of Special Hazard Mortgage Loan Loss during the prior calendar monthrelated Prepayment Period, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagGroup I or Group II Mortgage Loan, as applicable, that became subject to a Bankruptcy Loss during the related Prepayment Period, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for any Group I or Group II Mortgage Loan, as applicable, incurred during the related Prepayment Period and (D) after the Fraud Loss Coverage Termination Date, with respect to each Group I or Group II Mortgage Loan, as applicable, that became a Fraud Loan during the related Prepayment Period the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. For purposes of calculating the reduction of the Interest Distribution Amount for each Class of Group C-B Certificates with respect to Loan Group I or Loan Group II, such reduction shall be based on the amount of interest accruing at the Net WAC Rate for such Loan Group on such Class’ proportionate share, based on the Class Principal Balance of the related Subordinate Component Balance for that Distribution Date. (C) With respect to each Class of Group C-B Certificates, if on any Distribution Date the related Subordination Level of such Class is less than such percentage as of the Closing Date, no distribution of Principal Prepayments will be made to any Class or Classes of Group C-B Certificates junior to such Class (the “Restricted Classes”) and the amount otherwise distributable to the Restricted Classes in respect of such Principal Prepayments will be allocated among the remaining Classes of Group C-B Certificates, pro rata, based upon their respective Class Principal Balances. (II) With respect to the Group III Certificates: (a) On each Distribution Date, the Trust Administrator shall distribute the Interest Remittance Amount for such date in the following order of priority: (i) to the Class III-A-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (ii) to the Class III-M-1 Certificates, Current Interest for such Class and such Distribution Date; (iii) to the Class III-M-2 Certificates, Current Interest for such Class and such Distribution Date; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date as provided in Section 4.01(II)(d), any Interest Remittance Amount remaining for such Distribution Date. (b) On each Distribution Date (A) prior to the Stepdown Date or (B) with respect to which a Trigger Event is in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group III for such date in the following order of priority: (i) to the Class III-A-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class III-M-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class III-M-2 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(b)(i) through (iii) above. (c) On each Distribution Date (A) on or after the Stepdown Date and (B) with respect to which a Trigger Event is not in effect, the Trust Administrator shall distribute the Principal Payment Amount for Loan Group III for such date in the following order of priority: (i) to the Class III-A-1 Certificates, the Group III Senior Principal Payment Amount, until the Class Principal Balance of such Class has been reduced to zero; (ii) to the Class III-M-1 Certificates, the Class III-M-1 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (iii) to the Class III-M-2 Certificates, the Class III-M-2 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; and (iv) for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(II)(d), any Principal Payment Amount remaining after application pursuant to Section 4.01(II)(c)(i) though (iii) above. (d) On each Distribution Date, the Trust Administrator shall distribute the Monthly Excess Cashflow for such date in the following order of priority: (A) until the aggregate Class Principal Balance of the Group III Certificates, other than the Class III-X Certificates, equals the Aggregate Loan Group Balance of Loan Group III for such Distribution Date minus the Targeted Overcollateralization Amount for such date, on each Distribution Date (x) prior to the Stepdown Date or (y) with respect to which a Trigger Event is in effect, to the extent of Monthly Excess Interest for such Distribution Date, to the Group III Certificates, in the following order of priority: 1. to the Class III-A-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; 2. to the Class III-M-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and 3. to the Class III-M-2 Certificates, until the Class Principal Balance of such Class has been reduced to zero. (B) on each Distribution Date (x) on or after the Stepdown Date and (y) with respect to which a Trigger Event is not in effect, to fund any principal distributions required to be made on such Distribution Date set forth above in Section 4.01(II)(c) above, after giving effect to the distribution of the Principal Payment Amount for Loan Group III for such Distribution Date, in accordance with the priorities set forth therein; (ii) to the Class III-A-1 Certificates, any Basis Risk Shortfall due and owing for such Class; (iii) to the Class III-M-1 Certificates, any Basis Risk Shortfall due and owing for such Class; (iv) to the Class III-M-2 Certificates, any Basis Risk Shortfall due and owing for such Class; (v) to the Class III-M-1 Certificates, first, any Carryforward Interest and then any Deferred Amount for such Class; (vi) to the Class III-M-2 Certificates, first any Carryforward Interest and then any Deferred Amount for such Class; (vii) to the Basis Risk Reserve Fund, any Required Basis Risk Reserve Fund Deposit; (viii) to the Class III-X Certificates, the Class III-X Distributable Amount for such Distribution Date together with any amounts withdrawn from the Basis Risk Reserve Fund for distribution to such Class III-X Certificates pursuant to Sections 4.07(b) and (e); and (ix) to the Class AR Certificates, any remaining amount; provided, however that any amount that would be distributable pursuant to this priority (ix) shall not be paid with respect to the Class AR Certificates but shall be paid instead with respect to the Class III-X Certificates pursuant to a contract that exists under this Agreement between the Class AR Certificateholders and the Class III-X Certificateholders.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Priorities of Distribution. (AI) With respect to the Group 1 Certificates: (a) On each Distribution Date, the Trust Administrator shall determine distribute the amounts to be distributed to each Class Interest Remittance Amount for such date in the following order of Certificates as followspriority: (ai) first, to Group 1 Senior Certificates, pro rata based on amounts due, Current Interest and any Carryforward Interest for each such Class and such Distribution Date; (ii) second, to the Class 1-M-1 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iii) third, to the Class 1-M-2 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (iv) fourth, to the Class 1-M-3 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; (v) fifth, to the Class 1-M-4 Certificates, Current Interest and any Carryforward Interest for such Class and such Distribution Date; and (vi) sixth, for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(I)(d), any such Interest Remittance Amount remaining after application pursuant to clauses (i) through (v) above for such Distribution Date. (b) On each Distribution Date (1) prior to the Stepdown Date or (2) with respect to which a Trigger Event is in effect, the Trustee shall distribute the Principal Payment Amount for Loan Group 1 for such date in the following order of priority: (i) first, the Group 1 Senior Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1sequentially, subject to Section 4.01(B) belowas follows: (i) first, to the Group 1 Certificates entitled to interestClass 1-A-4A and Class 1-A-4B Certificates, pro rata based on Class Principal Balances, an amount allocable to interest equal to the related Interest Class 1-A-4 Lockout Distribution Amount, until their respective Class Principal Balances have been reduced to zero; any shortfall being allocated pro rata among such Classes provided however, that if a Sequential Trigger Event is in proportion effect, sequentially to the amount Class 1-A-4A and Class 1-A-4B Certificates, in that order, until the Class Principal Balance of the Interest Distribution Amount that would have each such class has been distributed in the absence of such shortfall; andreduced to zero; (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group Class 1, in the following order of priority; (A) first, to the Class AR -A-1A and Class AR1-L A-1B Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are have been reduced to zero; (Biii) secondthird, to the Class 1-A-1A-2 Certificates, until its Class 1-A-2Principal Balance is reduced to zero; (iv) fourth, to the Class 1-A-3 Certificates, until its Class Principal Balance is reduced to zero; and (v) fifth, to the Class 1-A-4A and Class 1-A-6 A-4B Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are have been reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions if a Sequential Trigger Event is in effect, sequentially to the Class A1-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the A-4A and Class A1-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 A-4B Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amountthat order, until its the Class Principal Balance is of each such class has been reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, on the first Distribution Date after the expiration of the latest expiring prepayment penalty term of a Group 1 Mortgage Loan, to the Class C-B-1 PP Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is reduced to zero; (iii) third, to the Class C1-B-2 M-1 Certificates, an amount allocable to interest equal to until the Interest Distribution Amount for Class Principal Balance of such Class for such Distribution Datehas been reduced to zero; (iv) fourth, to the Class C1-B-2 M-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of such Class has been reduced to zero; (v) fifth, to the Class C1-B-3 M-3 Certificates, an amount allocable to interest equal to until the Interest Distribution Amount for Class Principal Balance of such Class for such Distribution Datehas been reduced to zero; (vi) sixth, to the Class C1-B-3 M-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its the Class Principal Balance is of such Class has been reduced to zero;; and (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share application as part of Monthly Excess Cashflow for such Distribution Date, until its Class as provided in Section 4.01(I)(d), any such Principal Balance is reduced Payment Amount remaining after application pursuant to zero; clauses (ixi) ninththrough (vi) above, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date;. (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (gc) On each Distribution Date (1) on or after the related Credit Support Depletion DateStepdown Date and (2) with respect to which a Trigger Event is not in effect, distributions of the Available Distribution Principal Payment Amount for Loan Group 1 for such date will be made with respect paid in the following order of priority: (i) first, to the Group 1 Certificates Senior Certificates, the Senior Principal Payment Amount for Loan Group 1, as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interestClass 1-A-4A and Class 1-A-4B Certificates, pro rata based on Class Principal Balances an amount allocable to interest equal to the related Interest Class 1-A-4 Lockout Distribution Amount, until their respective Class Principal Balances have been reduced to zero; any shortfall being allocated pro rata among such Classes provided however, that if a Sequential Trigger Event is in proportion effect, sequentially to the amount Class 1-A-4A and Class 1-A-4B Certificates, in that order, until the Class Principal Balance of the Interest Distribution Amount that would have each such class has been distributed in the absence of such shortfall;reduced to zero; and (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR A-1A and Class AR1-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X A-1B Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances have been reduced to zero; (iii) third, to the Class 1-A-2 Certificates, until its Class Principal Balance is reduced to zero; (iv) fourth, to the Class 1-A-3 Certificates, until its Class Principal Balance is reduced to zero; and (iiiv) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountfifth, to the Class AR1-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR A-4A and Class AR1-L Certificates as follows: (i) first, concurrently, to the Group 4 A-4B Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances have been reduced to zero; provided however, that if a Sequential Trigger Event is in effect, sequentially to the Class 1-A-4A and Class 1-A-4B Certificates, in that order, until the Class Principal Balance of each such class has been reduced to zero; (ii) second, on the first Distribution Date after the expiration of the latest expiring prepayment penalty term of a Group 1 Mortgage Loan, to the Class PP Certificates, until the Class Principal Balance is reduced to zero; (iii) third, to the Class 1-M-1 Certificates, the Class 1-M-1 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (iv) fourth, to the Class 1-M-2 Certificates, the Class 1-M-2 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (v) fifth, to the Class 1-M-3 Certificates, the Class 1-M-3 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; (vi) sixth, to the Class 1-M-4 Certificates, the Class 1-M-4 Principal Payment Amount for such Distribution Date, until the Class Principal Balance of such Class has been reduced to zero; and (iiivii) thirdseventh, for application as part of Monthly Excess Cashflow for such Distribution Date, as provided in Section 4.01(I)(d), any such Principal Payment Amount remaining after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates application pursuant to Section 4.06clauses (i) through (vi) above, any remaining Available for such Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);Date. (kd) On or after the related Credit Support Depletion each Distribution Date, distributions the Trustee shall distribute the Monthly Excess Cashflow for such date in the following order of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as followspriority: (i) firstFor the April 2006 Distribution Date, concurrentlyto the Class X Certificates, 100% of the Monthly Excess Interest (ii) beginning on the Overcollateralization Commencement Date, until the aggregate Class Principal Balance of the Group 1 Certificates equals the Aggregate Loan Group Balance for such Distribution Date minus the Targeted Overcollateralization Amount for such date, on each Distribution Date (a) prior to the Stepdown Date or (b) with respect to which a Trigger Event is in effect, to the extent of Monthly Excess Interest for such Distribution Date, to the Group 5 1 Certificates, in the following order of priority: (1) first, to the Class 1-A-4A and Class C1-X A-4B Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to based on Class Principal Balances, the product of (i) the Class 1-A-4 Lockout Percentage, (ii) the Class 1-A-4 Calculation Percentage and (iii) the amount of the Interest Monthly Excess Cashflow available for distribution pursuant to this clause (1)(A), in each case on such Distribution Amount that would Date, until their respective Class Principal Balances have been distributed reduced to zero; provided however, that if a Sequential Trigger Event is in effect, sequentially to the absence Class 1-A-4A and Class 1-A-4B Certificates, in that order, until the Class Principal Balance of each such shortfallclass has been reduced to zero; (ii2) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principalClass 1-A-1A and Class 1-A-1B Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances is have been reduced to zero; (3) third, to the Class 1-A-2 Certificates, until the Class Principal Balance of such class has been reduced to zero; (4) fourth, to the Class 1-A-3 Certificates, until the Class Principal Balance of such class has been reduced to zero; (5) fifth, to the Class 1-A-4A and Class 1-A-4B Certificates, pro rata based on Class Principal Balances, until the Class Principal Balance of such class has been reduced to zero; provided however, that beginning on the first Distribution Date on or after which the Class Principal Balances of the Group 1 Subordinate Certificates has been reduced to zero, sequentially to the Class 1-A-4A and Class 1-A-4B Certificates, in that order, until the Class Principal Balance of each such class has been reduced to zero; (6) sixth, to the Class 1-M-1 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (7) seventh, to the Class 1-M-2 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (8) eighth, to the Class 1-M-3 Certificates, until the Class Principal Balance of such Class has been reduced to zero; (9) ninth, to the Class 1-M-4 Certificates, until the Class Principal Balance of such Class has been reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-3)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1I, Class 1A-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 P and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2I, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group I; (ii) second, concurrently, to the Group 2 I Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(iparagraph 4.01(A)(a)(ii), only a the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 I Mortgage Loans will be used to calculate these distributions; and (iiiii) secondthird, to the Group 3 I Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3 I, in the following order of priority: (A) first, to the Class 3-A-1 AR and Class 3AR-A-3 L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (iiB) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2005-1)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 I Senior and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1I, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 1 I; (ii) second, concurrently, to the Group I Senior Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (iiiii) secondthird, to the Group 1 I Senior Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1I, in the following order of priority;: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1I-A-1A-4, Class 1I-A-2, Class 1-A-3 A-6 and Class 1I-A-6 A-7 Certificates, pro rata based on Class Principal Balances, the Group I Priority Amount for that Distribution Date, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2004-4)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1I, Class 1C-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 P and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5I, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 P Certificates, the Senior Class P Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfallI; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR I and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class AC-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AC-X Certificates pursuant to this Section 4.01(A)(h)(iparagraph 4.01(A)(a)(ii), only the portion of the Class AC-X Notional Amount derived from the Group 2 I Mortgage Loans will be used to calculate these distributions;; and (iiiii) secondthird, to the Group 2 I Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2I, in the following order of priority: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, on the Distribution Date in July 2010, to the Class PP Certificates, until its Class Principal Balance is reduced to zero; and (iiiC) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class ARI-L Certificates (A-1 Certificates, until its Class Principal Balance is reduced to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (ib) On or after with respect to the Group II and Class D-P Certificates, before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 3 will be made with respect II, subject to the Group 3, Class A-X, Class AR and Class AR-L Certificates as followsSection 4.01(B) below: (i) first, concurrentlyto the Class D-P Certificates, the Class P Principal Distribution Amount for Loan Group II; (ii) second, to the Group 3 and Class A-X II Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that (A) any Class II-A-10 Accrual Amount for the purposes of distributions to any Distribution Date on or before the Class AII-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of A-10 Accretion Termination Date will instead be distributed as principal in accordance with the Class AII-X Notional A-10 Accretion Direction Rule and (B) any Class II-A-14 Accrual Amount derived from for any Distribution Date on or before the Group 3 Mortgage Loans Class II-A-14 Accretion Termination Date will instead be used to calculate these distributions;distributed as principal in accordance with the Class II-A-14 Accretion Direction Rule; and (iiiii) secondthird, to the Group 3 II Certificates entitled to principal(other than the Class II-A-12 and Class II-X Certificates), the Senior Principal Distribution Amount for Loan Group 3II, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; andin the following order of priority: (iiiA) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountfirst, to the Class ARII-L Certificates (A-8, Class II-A-9, Class II-A-10, Class II-A-11, Class II-A-13, Class II-A-14, Class II-A-15 and Class II-A-16 Certificates, in an amount up to the extent that amount necessary to reduce their aggregate Class Principal Balance to their aggregate Planned Balance set forth on Schedule IV for such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Distribution Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4sequentially, Class AR and Class AR-L Certificates as follows: (i1) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class ARII-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5A-8, Class CII-XA-9, Class AR II-A-10, Class II-A-15 and Class ARII-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X A-16 Certificates, in an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion up to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, necessary to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on reduce their aggregate Class Principal Balances, until Balance to their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based aggregate Planned Balance set forth on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group Schedule V for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar monthconcurrently, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgagfollows:

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Mortgage-Backed Pass-Through Certificates, Series 2005-5)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 1, Class D-X and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principalClass A-P Certificates, the Senior Class P Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class AD-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class AD-X Certificates pursuant to this Section 4.01(A)(h)(iparagraph 4.01(A)(a)(ii), only the portion of the Class D-X Notional Amount derived from the Group 1 Mortgage Loans will be used to calculate these distributions; provided, further, that any Class 1-A-5 Accrual Amount for any Distribution Date on or before the Class 1-A-5 Accretion Termination Date will instead be distributed as principal in accordance with the Class 1-A-5 Accretion Direction Rule; (iii) third, to the Group 1 Certificates, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (B) second, to the Class 1-A-4 and Class 1-A-7 Certificates, pro rata based on Class Principal Balances, the Group 1 Priority Amount, until their Class Principal Balances are reduced to zero; (C) third, to the Class 1-A-3 Certificates, the lesser of (x) 99.99% of Senior Principal Distribution Amount for Loan Group 1 available for distribution pursuant to this clause paragraph 4.01(A)(a)(iii)(C) or (y) $1,750,000, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 1-A-1 and Class 1-A-2 Certificates, in an amount necessary to reduce their aggregate Class Principal Balance to their aggregate Targeted Balance set forth on Schedule IV for such Distribution Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (E) fifth, to the Class 1-A-5 Certificates, until its Class Principal Balance is reduced to zero; (F) sixth, to the Class 1-A-1 and Class 1-A-2 Certificates, without regard to their aggregate Targeted Balance for such Distribution Date, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (G) seventh, to the Class 1-A-3 Certificates, until its Class Principal Balance is reduced to zero; (H) eighth, to the Class 1-A-6 Certificates, until its Class Principal Balance is reduced to zero; (I) ninth, to the Class 1-A-4 and Class 1-A-7 Certificates, pro rata based on Class Principal Balance, until their Class Principal Balances are reduced to zero; (b) with respect to the Group 2, Class D-X and Class A-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, to the Class A-P Certificates, the Class P Principal Distribution Amount for Loan Group 2; (ii) second, to the Group 2 and Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class D-X Certificates pursuant to this paragraph 4.01(A)(b)(ii), only the portion of the Class D-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions;; and (iiiii) secondthird, to the Group 2 Certificates, as principalpro rata based on Class Principal Balance, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is Balances are reduced to zero; and; (iiic) third, after any payments with respect to the Group 13 and Class A-X Certificates, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as followssubject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(iparagraph 4.01(A)(c)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions;; and (ii) second, to the Group 3 Certificates entitled to principal(other than the Class 3-A-14 Certificates), the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; andin the following order of priority: (iiiA) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountfirst, to the Class AR3-L A-13, Class 3-A-15, Class 3-A-16, Class 3-A-20 and Class 3-A-21 Certificates (in an amount necessary to the extent that reduce its Class Principal Balance to its Planned Balance set forth on Schedule V for such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Distribution Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4sequentially, Class AR and Class AR-L Certificates as follows: (i1) first, concurrently, to until the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount Class Principal Balance of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Class 3-A-13 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (ia) first, concurrently47.7152354747%, to the Group 5 and Class C3-X A-13 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-1)

Priorities of Distribution. (A1) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Available Funds for Loan Group 1 from the Distribution Account and apply such funds to be distributed to each Class of Certificates as follows: (a) with respect to distributions on the Group 1 CertificatesSenior Certificates in the following order and priority and, before in each case, to the related Credit Support Depletion Date and from the extent of Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) belowFunds remaining: (i) first, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X 1 Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second[reserved]; (iii) concurrently, to the each Class of Group 1 Senior Certificates entitled to principal, pro rata based as follows: (A) [reserved]; and (B) on Class Principal Balances, as principaleach Distribution Date, the Senior Principal Distribution Amount for Loan Group 1, up to the amount of the related Senior Principal Distribution Amount for such Distribution Date will be distributed in the following order of priority: (i) to the Class A-R Certificates until its Class Certificate Balance is reduced to zero; and (ii) concurrently, to the Class 1-A-1 and Class 1-A-2 Certificates, pro rata, until their respective Class Principal Certificate Balances are reduced to zero; and (iiiiv) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)[reserved]; (h2) On or after the related Credit Support Depletion each Distribution Date, distributions of the Trustee shall withdraw the Available Distribution Amount Funds for Loan Group 2 will be made with respect from the Distribution Account and apply such funds to distributions on the Group 2 Senior Certificates in the following order and priority and, in each case, to the Group 2, Class A-X, Class AR and Class AR-L Certificates as followsextent of Available Funds remaining: (i) first, concurrently, to the each interest-bearing Class of Group 2 and Class A-X Senior Certificates, an amount allocable to interest equal to the related Class Optimal Interest Distribution Amount; , any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Optimal Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[reserved]; (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amountconcurrently, to the each Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC Group 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Senior Certificates as follows: (iA) first[reserved]; (B) on each Distribution Date, the Principal Amount for Loan Group 2, up to the amount of the related Senior Principal Distribution Amount for such 62 Distribution Date will be distributed, concurrently, to the Group 5 Class 2-A-1 and Class C2-X A-2 Certificates, pro rata, until their respective Class Certificate Balances are reduced to zero; (3) On each Distribution Date, after making the distributions described in Section 4.02(a)(1) and Section 4.02(a)(2), Available Funds from each Loan Group remaining will be distributed to the Senior Certificates to the extent provided in Section 4.03. (4) On each Distribution Date, Available Funds from all Loan Groups remaining after making the distributions described in Section 4.02(a)(1), Section 4.02(a)(2) and Section 4.02(a)(3) will be distributed to the Subordinated Certificates, subject to paragraph 4.02(e) below, in the following order of priority: (A) to the Class B-1 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Class Optimal Interest Distribution Amount that would have been distributed in the absence of for such shortfallClass for such Distribution Date; (iiB) second, to the Group 5 Certificates entitled Class B-1 Certificates, an amount allocable to principal, principal equal to its Pro Rata Share for such Distribution Date until the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances Certificate Balance thereof is reduced to zero; (C) to the Class B-2 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (D) to the Class B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (E) to the Class B-3 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (F) to the Class B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (G) to the Class B-4 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (H) to the Class B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (I) to the Class B-5 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; (J) to the Class B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (K) to the Class B-6 Certificates, an amount allocable to interest equal to the Class Optimal Interest Distribution Amount for such Class for such Distribution Date; and (iiiL) third, after any payments to the Group 1Class B-6 Certificates, Group 2, Group 3 and Group 4 Certificates pursuant an amount allocable to Section 4.06principal equal to its Pro Rata Share for such Distribution Date until the Class Certificate Balance thereof is reduced to zero; (5) [reserved]; and (6) to the Class A-R Certificates, any remaining Available funds; provided, that such amounts shall not include the $100 held in trust for the Class P Certificates. On each Distribution AmountDate, all amounts representing Prepayment Charges received during the related Prepayment Period will be distributed to the holders of the Class AR-L P Certificates. On the Distribution Date immediately following the expiration of the latest Prepayment Charge Period of the Mortgage Loans, the $100 held in trust for the Class P Certificates (will be distributed to the extent that such amount is held by Subsidiary REMIC 2), or to holders of the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC);P Certificates. (Bb) [reserved]. (c) [reserved]. (d) On each Distribution Date, the amount referred to in clause (i) of the definition of Class Optimal Interest Distribution Amount for each Class of Certificates for such Distribution Date shall be reduced by (i) the related Class' pro rata share of Net Prepayment Interest Shortfalls based on (x) with respect to a Class of Senior Certificates, the related Class Optimal Interest Distribution Amount and (y) with respect to a Class of Subordinated Certificates on or prior to a Senior Termination Date, the related Assumed Interest Amount for such Distribution Date or after a Senior Termination Date, the Class Optimal Interest Distribution Amount for such Distribution Date for Date, in each Class case in the absence of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) the related Class' Allocable Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Debt Service Reduction or Deficient Valuation, (C) each Relief Act Reduction for the Mortgage Loans in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) incurred during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date, with respect to each Mortgage Loan in the related Loan Group (or, after the Senior Credit Support Depletion Date, any Mortgage Loan) that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month's interest at the related Adjusted Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month. (e) Notwithstanding the priority and allocation contained in Section 4.02(a), if, with respect to any Class of Subordinated Certificates, on any Distribution Date the sum of the related Class Subordination Percentages of such Class and of all Classes of Subordinated Certificates that have a higher numerical Class designation than such Class (the "Applicable Credit Support Percentage") is less than the Original Applicable Credit Support Percentage for such Class, no distribution of Principal Prepayments on the Mortgage Loans will be made to any such Classes (the "Restricted Classes") and the amount of such Principal Prepayments otherwise distributable to the Restricted Classes shall be distributed to the Classes of Subordinated Certificates having lower numerical Class designations than such Class, pro rata, based on their respective Class Certificate Balances immediately prior to such Distribution Date and shall be distributed in the sequential order set forth in Section 4.02(a)(4). Notwithstanding the foregoing, the Class of Subordinated Certificates then outstanding with the lowest numerical class designation shall not be a Restricted Class. (f) If the amount of a Realized Loss on a Mortgage Loan in a Loan Group has been reduced by application of Subsequent Recoveries with respect to such Mortgage Loan, the amount of such Subsequent Recoveries will be applied sequentially, in the order of payment priority, to increase the Class Certificate Balance of each related Class of Certificates to which Realized Losses have been allocated, but in each case by not more than the amount of Realized Losses previously allocated to that Class of Certificates pursuant to Section 4.05. Holders of such Certificates will not be entitled to any payment in respect of the Class Optimal Interest Distribution Amount on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Balance of each Certificate of such Class in accordance with its respective Percentage Interest.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2005-Ar35)

Priorities of Distribution. (A) On each Distribution Date, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interest, ; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Group 1 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 1, in the following order of priority; (A) first, 1 to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (B) second, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 A-4 and Class 1-A-6 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, Certificates entitled to interest; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and; (ii) second, to the Group 2 CertificatesCertificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority;: (A1) first, to the Class AR and Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (2) second, to the Class 2-A-4A-4 Certificates, the Group 2 Priority Amount, until its Class Principal Balance is has been reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is reduced to zero; (C3) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 A-1 and Class 2-A-5 A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E4) fifthfourth, to the Class 2-A-4 Certificates, until its Class Principal Balance is has been reduced to zero; (c) with respect to the Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principalin the following order of priority: (1) first, to the Class 3-A-3 Certificates, the Group 3 Priority Amount, until its Class Principal Balance has been reduced to zero; (2) second, to the Class 3-A-6, Class 3-A-8, Class 3-A-13 and Class 3-A-15 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and (iii3) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR3-L Certificates (A-3 Certificates, until its Class Principal Balance has been reduced to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (jd) On or after with respect to the Group 4 Certificates entitled to interest and the Class D-X Certificates, before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as followssubject to Section 4.01(B) below: (i) first, concurrently, to the Group 4 and Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principalin the following order of priority: (1) first, to the Class 4-A-2 Certificates, the Group 4 Priority Amount, until its Class Principal Balance has been reduced to zero; (2) second, to the Class 4-A-5, Class 4-A-8, Class 4-A-10, Class 4-A-13, Class 4-A-16 and Class 4-A-18 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and (iii3) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR4-L Certificates (A-2 Certificates, until its Class Principal Balance has been reduced to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC)zero; (ke) On or after with respect to the Group 5 Certificates, before the related Credit Support Depletion Date, distributions of Date and from the Available Distribution Amount for relating to Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as followssubject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X CertificatesCertificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principalin the following order of priority: (1) first, to the Class 5-A-1 Certificates, the Group 5 Priority Amount, until its Class Principal Balance has been reduced to zero; (2) second, to the Class 5-A-2 and Class 5-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances is are reduced to zero; and (3) third, to the Class 5-A-1 Certificates, until its Class Principal Balance has been reduced to zero; (f) with respect to the Group 6 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 6, subject to Section 4.01(B) below: (i) first, to the Group 6 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 6 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 6, in the following order of priority: (1) first, to the Class 6-A-1 Certificates, the Group 6 Priority Amount, until its Class Principal Balance has been reduced to zero; (2) second, to the Class 6-A-2 and Class 6-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (3) third, to the Class 6-A-1 Certificates, until its Class Principal Balance has been reduced to zero; (g) with respect to the Group 7 and Class D-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 7, subject to Section 4.01(B) below: (i) first, to the Class D-P Certificates, the Class P Principal Distribution Amount for Loan Group 7. (ii) second, to the Group 7 Certificates entitled to interest; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iii) third, after any payments to the Group 7 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 7, in the following order of priority: (1) first, to the Class 7-A-1 Certificates, the Group 7 Priority Amount, until its Class Principal Balance has been reduced to zero; (2) second, to the Class 7-A-2 Certificates, until its Class Principal Balance has been reduced to zero; and (3) third, to the Class 7-A-1 Certificates, until its Class Principal Balance has been reduced to zero; (h) with respect to the Group 3 8 and Class D-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4 8, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 8 and Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 8 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 8, in the following order of priority: (1) first, to the Class 8-A-1 Certificates, the Group 8 Priority Amount, until its Class Principal Balance has been reduced to zero; (2) second, to the Class 8-A-2 Certificates, until its Class Principal Balance has been reduced to zero; and (3) third, to the Class 8-A-1 Certificates, until its Class Principal Balance has been reduced to zero; (i) with respect to the Group 9 and Class D-P Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 9, subject to Section 4.01(B) below: (i) first, to the Class D-P Certificates, the Class P Principal Distribution Amount for Loan Group 9. (ii) second, to the Group 9 Certificates entitled to interest; an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iii) third, to the Group 9 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 9, in the following order of priority: (1) first, to the Class 9-A-1 Certificates, the Group 9 Priority Amount, until its Class Principal Balance has been reduced to zero; (2) second, to the Class 9-A-2 Certificates, until its Class Principal Balance has been reduced to zero; and (3) third, to the Class 9-A-1 Certificates, until its Class Principal Balance has been reduced to zero; (j) with respect to the Group 10 and Class D-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 10, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 10 and Class D-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 10 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 10, in the following order of priority: (1) first, to the Class 10-A-1 Certificates, the Group 10 Priority Amount, until its Class Principal Balance has been reduced to zero; (2) second, to the Class 10-A-2 Certificates, until its Class Principal Balance has been reduced to zero; and (3) third, to the Class 10-A-1 Certificates, until its Class Principal Balance has been reduced to zero; (k) with respect to the Group D-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1 remaining after giving effect to the distributions pursuant to Section 4.064.01(A)(a) above, subject to Sections 4.01(B) and 4.01(C) below: (i) first, concurrently, to the Class D-B-1F and Class D-B-1X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Certificates in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Class D-B-1F Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (iii) third, concurrently, to the Class D-B-2F and Class D-B-2X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Certificates in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (iv) fourth, to the Class D-B-2F Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (v) fifth, concurrently, to the Class D-B-3F and Class D-B-3X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Certificates in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (vi) sixth, to the Class D-B-3F Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (vii) seventh, to the Class D-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class D-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (ix) ninth, to the Class D-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class D-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xi) eleventh, to the Class D-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class D-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date until their Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class D-B-1F, Class D-B-2F, Class D-B-3F, Class D-B-4, Class D-B-5 and Class D-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(k)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group D-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 21), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (l) with respect to the Group B) On each Distribution , Class D-P, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the amount referred to in clause (i) of the definition of Interest Available Distribution Amount for such Distribution Date for each Class of relating to Loan Group 12, Loan Group 3, Loan Group 4, Loan Group 5, Loan Group 6, Loan Group 7, Loan Group 8, Loan Group 9 and Loan Group 10 remaining after giving effect to the distributions pursuant to Section 4.01(A)(b) through (j) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 2, Group 3, Group 4, Group 5, Group C6, Group 7, Group 8, Group 9 and Group 10 Certificates pursuant to Section 4.06: (i) first, concurrently, (1) to the Class D-BP Certificates, Class A-X first, to the extent of PO Recoveries for Loan Group 7 and Class C-X Certificates shall be reduced by second, to the Trust Administrator byextent of amounts otherwise available to pay the Group B Principal Distribution Amount on that Distribution Date, the related Class’s pro rata share sum of (based x) principal in an amount equal to the applicable Class P Fraction of any loss on a Class P Mortgage Loan in Loan Group 7 incurred in the previous calendar month and (y) the sum of the amounts, if any, by which the amount described in subclause (x) above of this Section 4.01(A)(l)(i)(1) on each prior Distribution Date exceeded the Interest amount actually distributed on those prior Distribution Amount for each such Class before reduction Dates and not subsequently distributed; provided, however, that any amounts distributed pursuant to this Section 4.01(B)4.01(A)(l)(i)(1) of (i) Net Prepayment Interest Shortfalls experienced by will not cause a further reduction in the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Class Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagClass D-P

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-5)

Priorities of Distribution. (A) On each Distribution Date, with respect to the Group 1, Group 2, Group 3, Group 4 and Class C-B Certificates, the Trust Administrator shall determine the amounts to be distributed to each Class of Certificates as follows: (a) with respect to the Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 1 Certificates entitled to interestCertificates, an amount allocable to interest equal to the related Interest Distribution Amount; Amount for such Distribution Date, any shortfall being allocated pro rata among between such Classes in proportion to the amount of based on the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to on each Distribution Date, from the Group 1 Certificates entitled to principal, the Senior Principal Available Distribution Amount for Loan Group 11 remaining after giving effect to the distributions pursuant to Section 4.01(I)(A)(a)(i) above, in the following order of priority;Group 1 Senior Principal Distribution Amount, as principal, sequentially, as follows: (A) first, to the Class AR and Class AR-L Certificates, pro rata based on their respective Class Principal BalancesBalances immediately prior to such Distribution Date, until their respective Class Principal Balances are have been reduced to zero;; and (B) second, the Group 1 Senior Principal Distribution Amount for that distribution date remaining after making the payments specified in clause (A) above, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 A-4 Certificates and the Class 1-A-5 Certificates, pro rata rata, weighted based on the aggregate Class Principal BalancesBalances of such groups of classes (the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-4 Certificates, in the aggregate, as one group, and the Class 1-A-5 Certificates as one group), as follows: (a) sequentially, to the Class 1-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-4 Certificates, in that order, in each case until their respective Class Principal Balances are have been reduced to zero;; and (b) with respect to the Group 2 and Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/21-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority; (A) first, to the Class 2-A-4, the Group 2 Priority Amount, until its Class Principal Balance is reduced to zero; (B) second, to the Class 2-A-1 Certificates, until its Class Principal Balance is has been reduced to zero; (C) third, to the Class 2-A-3 Certificates, until its Class Principal Balance is reduced to zero; (D) fourth, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class 2-A-4 Certificates, until its Class Principal Balance is reduced to zero; (c) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) second, to the Class 4-A-2 and Class 4-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (iii) third, to the Class C-B-2 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to the Class C-B-2 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iii) third, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i), only the portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (j) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 4 will be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (B) On each Distribution Date, the amount referred to in clause (i) of the definition of Interest Distribution Amount for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, the related Class’s pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by the Mortgage Loans in a related Loan Group for such Distribution Date; and (ii) (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a related Loan Group that became a Special Hazard Mortgage Loan during the prior calendar month, the excess of one month’s interest at the related Net Mortgage Rate on the Stated Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each Mortgag.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-9)

Priorities of Distribution. (Aa) On each Distribution Date, the Trust Administrator Trustee shall determine withdraw the amounts Group 1 Available Funds, the Group 2 Available Funds and the Group 3 Available Funds (to be distributed the extent on deposit in the Distribution Account) from the Distribution Account and, pursuant to written instruction received from the Master Servicer as set forth in Section 4.04(a), upon which it may conclusively rely, apply such funds, first to distributions in respect of the Lower-Tier REMIC Regular Interests, as provided in Section 4.02(f), and then to distributions on the Certificates in the following order and priority and, in each Class case, to the extent of Certificates as follows:Group 1 Available Funds, Group 2 Available Funds and Group 3 Available Funds, subject to adjustment in accordance with Section 4.02(e): (ai) With respect to the Group 1 Certificates from the Group 1 Available Funds; with respect to the Group 2 Certificates from the Group 2 Available Funds; with respect to the Group 3 Certificates from the Group 3 Available Funds as follows: first, concurrently, (A) to each Class of Group 1 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 1, subject to Section 4.01(B) below: (i) first, to the Group 1 Certificates entitled to interestpro rata, an amount allocable to interest equal to the related Interest Distribution AmountAccrued Certificate Interest; (B) to the Class of Group 2 Certificates, an amount allocable to interest equal to the related Accrued Certificate Interest; and (C) to each Class of Group 3 Certificates, an amount allocable to interest equal to the related Accrued Certificate Interest; in each case ((A), (B) and (C) of this paragraph), any shortfall being shall be allocated pro rata among such Classes in proportion to the amount of the Accrued Certificate Interest Distribution Amount that would have been distributed in the absence of such shortfall; andand second, concurrently, (iiA) secondto the extent of remaining Group 1 Available Funds, sequentially, to the Group 1 Class A-R Certificates entitled (in respect of the Class A-UR Interest) and Class 1-A-1 Certificates, in that order, up to principal, the amount of the Senior Optimal Principal Distribution Amount for Loan Group 11 for such Distribution Date, in the following order of priority; (A) first, to until the Class AR and Principal Balance of each such Class AR-L Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are has been reduced to zero; (B) secondto the extent of remaining Group 2 Available Funds, to the Class 12-A-1, Class 1-A-2, Class 1-A-3 and Class 1-A-6 A-1 Certificates, pro rata based on up to the amount of the Senior Optimal Principal Amount for Loan Group 2 for such Distribution Date, until the Class Principal BalancesBalance of such Class has been reduced to zero; and (C) to the extent of remaining Group 3 Available Funds, to the Class 3-A-1 Certificates, up to the amount of the Senior Optimal Principal Amount for Loan Group 3 for such Distribution Date, until their respective the Class Principal Balances are Balance of each Class has been reduced to zero; (bii) with respect to the Group 2 and Class A-X Subordinate Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 2, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided however, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(b)(i4.02(e), only a portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; provided further, that any Class 2-A-2/2-A-5 Accrual Amount for any Distribution Date on or before the Class 2-A-2/2-A-5 Accretion Termination Date will instead be distributed in accordance with the Class 2-A-2/2-A-5 Accretion Direction Rule; and (ii) second, to the Group 2 Certificates, the Senior Principal Distribution Amount for Loan Group 2, in the following order of priority;: (A) firstfrom the remaining Available Funds for all Loan Groups in the aggregate, to the Class B-1 Certificates in the following order: (1) the Accrued Certificate Interest on the Class B-1 Certificates for that Distribution Date and (2-A-4, ) the Group 2 Priority Amount, Class B-1 Certificates' Allocable Share for that Distribution Date until its the Class Principal Balance is reduced to zero; (B) secondfrom the remaining Available Funds for all Loan Groups in the aggregate, to the Class B-2 Certificates in the following order: (1) the Accrued Certificate Interest on the Class B-2 Certificates for that Distribution Date and (2-A-1 ) the Class B-2 Certificates, ' Allocable Share for that Distribution Date until its the Class Principal Balance is reduced to zero; (C) thirdfrom the remaining Available Funds for all Loan Groups in the aggregate, to the Class B-3 Certificates in the following order: (1) the Accrued Certificate Interest on the Class B-3 Certificates for that Distribution Date and (2-A-3 ) the Class B-3 Certificates, ' Allocable Share for that Distribution Date until its the Class Principal Balance is reduced to zero; (D) fourthfrom the remaining Available Funds for all Loan Groups in the aggregate, to the Class 2-A-2 and Class 2-A-5 Certificates, pro rata based B-4 Certificates in the following order: (1) the Accrued Certificate Interest on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; and (E) fifth, to the Class B-4 Certificates for that Distribution Date and (2-A-4 ) the Class B-4 Certificates, ' Allocable Share for that Distribution Date until its the Class Principal Balance is reduced to zero; (cE) with respect to Group 3 and the Class A-X Certificates, before the related Credit Support Depletion Date and from the remaining Available Distribution Amount relating to Funds for all Loan Group 3, subject to Section 4.01(B) below: (i) first, concurrently, to the Group 3 Certificates and the Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have distributed Groups in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(c)(i), only a portion of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; and (ii) second, to the Group 3 Certificates entitled to principal, the Senior Distribution Amount for Loan Group 3 to the Class 3-A-1 and Class 3-A-3 Certificates, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (d) with respect to the Group 4 Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 4, subject to Section 4.01(B) below: (i) first, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; and (ii) secondaggregate, to the Class 4-A-2 and B-5 Certificates in the following order: (1) the Accrued Certificate Interest on the Class 4-A-3 Certificates, the Senior Principal B-5 Certificates for that Distribution Amount for Loan Group 4, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (e) with respect to the Group 5 and Class C-X Certificates, before the related Credit Support Depletion Date and from the Available Distribution Amount relating to Loan Group 5, subject to Section 4.01(B(2) below: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; and (ii) second, to the Class 5-A-2 and Class 5-A-3 B-5 Certificates, the Senior Principal Distribution Amount for Loan Group 5, pro rata based on Class Principal Balances, until their respective Class Principal Balances are reduced to zero; (f) with respect to the Group C-B, Class AR and Class AR-L Certificates, before the related Credit Support Depletion Date, from the Available Distribution Amount relating to Loan Group 1, Loan Group 2, Loan Group 3, Loan Group 4 and Loan Group 5 remaining after giving effect to the distributions pursuant to Section 4.01(A)(a), (b), (c), (d) and (e) above, subject to Sections 4.01(B) and 4.01(C) below, and further subject to any payments to the Group 1, Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06: (i) first, to the Class C-B-1 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (ii) second, to the Class C-B-1 Certificates, an amount allocable to principal equal to its Pro Rata ' Allocable Share for such that Distribution Date, Date until its the Class Principal Balance is reduced to zero; (iiiF) thirdfrom the remaining Available Funds for all Loan Groups in the aggregate, to the Class C-B-2 Certificates, an amount allocable to interest equal to B-6 Certificates in the following order: (1) the Accrued Certificate Interest Distribution Amount for such Class for such Distribution Date; (iv) fourth, to on the Class C-B-2 B-6 Certificates for that Distribution Date and (2) the Class B-6 Certificates, an amount allocable to principal equal to its Pro Rata ' Allocable Share for such that Distribution Date, Date until its Class Principal Balance is reduced to zero; (v) fifth, to the Class C-B-3 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (vi) sixth, to the Class C-B-3 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (vii) seventh, to the Class C-B-4 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (viii) eighth, to the Class C-B-4 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (ix) ninth, to the Class C-B-5 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (x) tenth, to the Class C-B-5 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xi) eleventh, to the Class C-B-6 Certificates, an amount allocable to interest equal to the Interest Distribution Amount for such Class for such Distribution Date; (xii) twelfth, to the Class C-B-6 Certificates, an amount allocable to principal equal to its Pro Rata Share for such Distribution Date, until its Class Principal Balance is reduced to zero; (xiii) thirteenth, to the Class C-B-1, Class C-B-2, Class C-B-3, Class C-B-4, Class C-B-5 and Class C-B-6 Certificates, in that order, up to an amount of Net Realized Losses for such Class, if any; provided, however, that any amounts distributed pursuant to this Section 4.01(A)(f)(xiii) will not cause a further reduction in the Class Principal Balances of any of the Group C-B Certificates; and (xiv) fourteenth, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (g) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 1 will be made with respect to the Group 1 Certificates as follows: (i) first, concurrently, to the Group 1 Certificates entitled to interest, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 1 Certificates entitled to principal, pro rata based on Class Principal Balances, as principal, the Senior Principal Distribution Amount for Loan Group 1, until their respective Class Principal Balances are reduced to zero; and (iii) third, after any payments to the Group 2, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (h) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 2 will be made with respect to the Group 2, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 2 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(h)(i), only the portion of the Class A-X Notional Amount derived from the Group 2 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 2 Certificates, as principal, the Senior Principal Distribution Amount for Loan Group 2, pro rata based on Class Principal Balances, until their respective Class Principal Balance is reduced to zero; and (iiiG) thirdeighth, after any payments to the Group 1, Group 3, Group 4 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 1), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (i) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 3 will be made with respect to the Group 3, Class A-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 3 and Class A-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; provided, that for the purposes of distributions to the Class A-X Certificates pursuant to this Section 4.01(A)(i)(i)R Certificates, only the portion in respect of the Class A-X Notional Amount derived from the Group 3 Mortgage Loans will be used to calculate these distributions; (ii) second, to the Group 3 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 3, as principal, pro rata based on LR Interest and Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 4 and Group 5 Certificates pursuant to Section 4.06, A-UR Interest any remaining Available Distribution Amount, portion (which is expected to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (jbe zero) On or after the related Credit Support Depletion Date, distributions of the Available Funds in the Lower-Tier REMIC and the Upper-Tier REMIC, respectively, for that Distribution Amount for Loan Group 4 will Date. Pro rata distributions of principal among Classes of Certificates are required to be made with respect to the Group 4, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 4 Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount then current Certificate Principal Balance of the Interest Distribution Amount that would have been distributed in the absence of such shortfall;applicable Classes. (iib) second, to the Group 4 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 4, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and[Reserved]. (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 5 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (k) On or after the related Credit Support Depletion Date, distributions of the Available Distribution Amount for Loan Group 5 will be made with respect to the Group 5, Class C-X, Class AR and Class AR-L Certificates as follows: (i) first, concurrently, to the Group 5 and Class C-X Certificates, an amount allocable to interest equal to the related Interest Distribution Amount; any shortfall being allocated pro rata among such Classes in proportion to the amount of the Interest Distribution Amount that would have been distributed in the absence of such shortfall; (ii) second, to the Group 5 Certificates entitled to principal, the Senior Principal Distribution Amount for Loan Group 5, as principal, pro rata based on Class Principal Balances, until their respective Class Principal Balances is reduced to zero; and (iii) third, after any payments to the Group 1, Group 2, Group 3 and Group 4 Certificates pursuant to Section 4.06, any remaining Available Distribution Amount, to the Class AR-L Certificates (to the extent that such amount is held by Subsidiary REMIC 2), or to the Class AR Certificates (to the extent that such amount is held by any of Middle REMIC 1, Middle REMIC 2 or the Master REMIC); (Bc) On each Distribution Date, the amount referred to in clause (i) of the definition of Accrued Certificate Interest Distribution Amount for each Class of Senior Certificates and Subordinate Certificates for such Distribution Date for each Class of Group 1, Group 2, Group 3, Group 4, Group 5, Group C-B, Class A-X and Class C-X Certificates shall be reduced by the Trust Administrator by, (i) the related Class’s ' pro rata share (based on the amount of the Interest Distribution Amount for each such Class before reduction pursuant to this Section 4.01(B)) of (i) Net Prepayment Interest Shortfalls experienced by with respect to the Mortgage Loans in a the related Loan Group or Loan Groups, based on such Class' Accrued Certificate Interest for such Distribution Date; Date without taking into account such Net Prepayment Interest Shortfalls and (ii) the related Class' Pro Rata Share of (A) after the related Special Hazard Coverage Termination Date, with respect to each Mortgage Loan in a the related Loan Group or Loan Groups, that became a Special Hazard Mortgage Loan during the prior calendar monthmonth preceding the month of such Distribution Date, the excess of one month’s 's interest at the related Net Mortgage Rate on the Stated Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month, (B) after the related Bankruptcy Coverage Termination Date, with respect to each MortgagMortgage Loan in the related Loan Group or Loan Groups that became subject to a Bankruptcy Loss during the calendar month preceding the month of such Distribution Date, the interest portion of the related Deficient Valuation, (C) each Relief Act Reduction incurred on a Mortgage Loan in the related Loan Group or Loan Groups, during the calendar month preceding the month of such Distribution Date and (D) after the Fraud Loss Coverage Termination Date with respect to each Mortgage Loan in the related Loan Group or Loan Groups that became a Fraud Loan during the calendar month preceding the month of such Distribution Date, the excess of one month's interest at the related Net Mortgage Rate on the Scheduled Principal Balance of such Mortgage Loan as of the Due Date in such month over the amount of Liquidation Proceeds applied as interest on such Mortgage Loan with respect to such month; and (d) Notwithstanding the priority and allocation contained in Section 4.02(a)(ii)(A) through (F), if with respect to any Class of Subordinate Certificates on any Distribution Date, (I) such Class has not satisfied the related Class Prepayment Distribution Trigger, no distribution of amounts pursuant to clauses (ii) and (iii) of the definition of Subordinate Optimal Principal Amount will be made to any such Classes (the "Restricted Classes") and the amount of such amounts pursuant to clauses (ii) and (iii) of the definition of Subordinate Optimal Principal Amount otherwise distributable to the Restricted Classes shall be distributed to any Classes of Subordinate Certificates, which are not Restricted Classes, having lower numerical Class designations than such Class, pro rata, based on their respective Class Principal Balances immediately prior to such Distribution Date and shall be distributed in the sequential order provided in Section 4.02(a)(ii)(A) through (F); provided, however, that, if all of the Subordinate Certificates are Restricted Classes, then such amounts shall be distributed to the most senior Class of Subordinate Certificates outstanding and (II) such Class has not satisfied the Subordinate Certificates Fractional Interest Test, the Classes of Subordinate Certificates that have higher numerical designations shall receive, in respect of clauses (ii) and (iii) of the definition of Subordinate Optimal Principal Amount, an amount equal to the product of (i) their pro rata shares (based on the Certificate Principal Balances of all Subordinate Certificates that are entitled to receive principal distributions on such date) and (ii) the percentages set forth in the following table:

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pas THR Certs Ser 2003 4)