Common use of Reports to Certificateholders Clause in Contracts

Reports to Certificateholders. (a) On the Business Day next succeeding each Distribution Date, the Trustee shall forward or cause to be forwarded to the Depositor and each Certificateholder a statement setting forth: (i) the amount of distributions to Certificateholders allocable to principal or interest portion of Available Funds; (ii) the aggregate Certificate Principal Balance at the close of business on such Distribution Date; (iii) the amount received by the Trustee on the related Underlying Notes for the applicable Underlying Note Accrual Period; and (iv) the aggregate principal amount of the Underlying Notes as of such Distribution Date and the weighted average interest rate per annum applicable to the Underlying Notes for the next succeeding Underlying Note Accrual Period. In the case of information furnished pursuant to clause (i) above, any amount shall be expressed as a Dollar amount per minimum denomination of Certificates or for such other specified portion thereof. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during each such calendar year was a Certificateholder a statement containing the information set forth in clause (i) above, aggregated for such calendar year or the applicable portion thereof during which such Person was a Certificateholder, which statement shall contain sufficient information to allow Certificateholders to calculate their U.S. Federal income tax liability with respect to the Certificates. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall have been provided by the Trustee pursuant to any requirements of the Code as are from time to time in effect. (b) If there is a Removal Event with respect to any Underlying Note or Underlying Issuer and such Removal Event is actually known to the Trustee, the Trustee shall promptly give notice to the Certificateholders thereof as promptly as practicable in the manner and to the extent provided in TIA Section 313(c). Such notice will set forth (i) the identity of the Underlying Issuer of the relevant Underlying Notes, (ii) the date and nature of such Removal Event, including whether such Removal Event relates to the failure of such Underlying Issuer to pay the principal of or premium, if any, or interest on such Underlying Notes, (iii) the aggregate principal amount of such Underlying Notes and the aggregate principal amount and weighted average interest rate per annum applicable to the remaining Underlying Notes, (iv) the Certificate Principal Balance of each Certificate after the removal of such Underlying Notes from the Trust Property, (v) the requirement that Holders of Certificated Certificates must deliver the same to the Trustee at its Corporate Trust Office to reflect a reduced Certificate Principal Balance in exchange for such Underlying Notes or the proceeds therefrom in accordance with Sections 3.08 and 3.09 and (vi) the current rating of the Certificates by each applicable Rating Agency after taking such Removal Event into account. (c) The Trustee will promptly deliver to the Certificateholders copies of all notices and communications it receives from each Underlying Issuer, including notice of the optional redemption of any Underlying Notes by the related Underlying Issuer. (d) There shall be delivered to the Depositor on or before each [MONTH/DAY] an annual statement signed by two Responsible Officers of the Trustee to the effect that the Trustee has fulfilled its obligations under this Agreement throughout the preceding calendar year with respect to the Certificates. Copies of such annual statement may be obtained by Certificateholders without charge upon written request to the Trustee. (e) If required by TIA Section 313(a), within 60 days after December 31 of each year, the Trustee shall mail a brief report dated as of such date that complies with TIA Section 313(a) to (i) each Certificateholder as required by TIA Section 313(c) and (ii) the Depositor. The Trustee also shall comply with TIA Section 313(b). A copy of any report delivered pursuant to this Section 4.02(e) shall, at the time of its mailing to Certificateholders and the Depositor, be filed by the Trustee with the Commission.

Appears in 1 contract

Sources: Trust Agreement (Core Bond Products LLC)

Reports to Certificateholders. (a) On or before the fifth Business Day next succeeding following each Distribution relevant Payment Date, the Trustee Servicer, on behalf of the Trust, shall forward or cause to be forwarded (at no cost to the Depositor and Trust or Trustee) supply to each Certificateholder Holder a statement setting forthreport (referred to a "Semiannual Report") which shall include the following information, as of the immediately preceding relevant Payment Date, with respect to the distribution by such Trust: (i) the amount aggregate Imputed Principal Amounts and Imputed Interest Amounts distributed to the respective Holders as of distributions to Certificateholders allocable to principal or interest portion of Available Fundssuch Payment Date; (ii) the aggregate Certificate Imputed Principal Balance at Amount of the close Securities outstanding after giving effect to the Distribution as of business on such Distribution Payment Date; (iii) if the amounts referred to in (i) above are less than the amounts of principal and interest paid on the Loan Notes or the Eximbank Payment Certificate with respect to the immediately preceding Note Payment Date, the amount received by the Trustee on the related Underlying Notes for the applicable Underlying Note Accrual Periodof any such difference; and (iv) any additional information that the aggregate principal amount Servicer elects to include or that is required to be included in the Semiannual Report in order to satisfy the requirements, if any, under the Exchange Act, as then in effect, with respect to the mailing of periodic reports to Certificateholders. The Semiannual Report shall also state that no delinquency in payment under any Loan Note, the related Eximbank Guarantee or any Eximbank Payment Certificate has occurred and is continuing or, if any delinquency has occurred and is continuing, shall specify the amount, if any, paid or payable under the Eximbank Guarantee and the date or expected date of the Underlying Notes relevant Eximbank Payment Event. Each Semiannual Report shall include a certification from a Responsible Officer of the Servicer to the effect that the Servicer continues to be eligible to act as such under the Servicing Agreement and, to the best of such Distribution Date Responsible Officer's knowledge and belief, the weighted average interest rate per annum applicable to Semiannual Report complies with the Underlying Notes for requirements of the next succeeding Underlying Note Accrual Period. In the case Trust Agreement and is accurate. (b) The fiscal year of information furnished pursuant to clause (i) above, any amount each Trust shall be expressed as a Dollar amount per minimum denomination of Certificates or for such other specified portion thereofthe calendar year. Within a reasonable the prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Servicing Agreement, the Trustee Servicer shall furnish prepare and mail (at no additional cost to the Borrower) to each Person who at any time Holder a report setting forth the amounts distributed to such Holder during each such calendar year was a Certificateholder a statement containing the information set forth in clause (i) above, aggregated for such calendar year or the applicable portion thereof during which such Person was a Certificateholder, which statement shall contain sufficient information to allow Certificateholders to calculate their U.S. Federal income tax liability with respect to the Certificatesyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall have been provided The report required by the Trustee pursuant to any requirements of the Code as are from time to time in effect. this subsection (b) If there is a Removal Event may be combined with respect to any Underlying Note or Underlying Issuer and such Removal Event is actually known to the Trustee, the Trustee shall promptly give notice to the Certificateholders thereof as promptly as practicable in the manner and to the extent provided in TIA Section 313(c). Such notice will set forth (i) the identity one of the Underlying Issuer of the relevant Underlying Notes, (ii) the date and nature of such Removal Event, including whether such Removal Event relates to the failure of such Underlying Issuer to pay the principal of or premium, if any, or interest on such Underlying Notes, (iii) the aggregate principal amount of such Underlying Notes and the aggregate principal amount and weighted average interest rate per annum applicable to the remaining Underlying Notes, (iv) the Certificate Principal Balance of each Certificate after the removal of such Underlying Notes from the Trust Property, (v) the requirement that Holders of Certificated Certificates must deliver the same to the Trustee at its Corporate Trust Office to reflect a reduced Certificate Principal Balance in exchange for such Underlying Notes or the proceeds therefrom in accordance with Sections 3.08 and 3.09 and (vi) the current rating of the Certificates by each applicable Rating Agency after taking such Removal Event into account. (c) The Trustee will promptly deliver to the Certificateholders copies of all notices and communications it receives from each Underlying Issuer, including notice of the optional redemption of any Underlying Notes Semiannual Reports sent by the related Underlying Issuer. (d) There shall be delivered Servicer to the Depositor on or before Holders each [MONTH/DAY] an annual statement signed by two Responsible Officers of the Trustee to the effect that the Trustee has fulfilled its obligations under this Agreement throughout the preceding calendar year with respect to the Certificates. Copies of such annual statement may be obtained by Certificateholders without charge upon written request to the Trustee. (e) If required by TIA Section 313(a), within 60 days after December 31 of each year, the Trustee shall mail a brief report dated as of such date that complies with TIA Section 313(a) to (i) each Certificateholder as required by TIA Section 313(c) and (ii) the Depositor. The Trustee also shall comply with TIA Section 313(b). A copy of any report delivered pursuant to subsection (a) of this Section 4.02(e) shall, at the time of its mailing to Certificateholders and the Depositor, be filed by the Trustee with the Commission4.3.

Appears in 1 contract

Sources: Servicing Agreement (Us Trade Funding Corp)

Reports to Certificateholders. (a) On the Business Day next succeeding The Trustee, in its capacity as calculation agent hereunder, shall make available to each Certificateholder of record and each Certificate Owner, on each Distribution Date, a statement prepared by the Trustee Servicer setting forth the information described in Exhibit E hereto (as the same may be modified from time to time upon the prior written consent of the Majority Certificateholders) (the "Distribution Date Statement"). Prior to making each Distribution Date Statement available to the Certificateholders, however, the Trustee, in its capacity as calculation agent hereunder, shall forward or cause recalculate and verify the mathematical accuracy of all amounts set forth in the "Distributions" section of the Distribution Date Statement, representing the amounts proposed to be forwarded to the Depositor distributed and each Certificateholder a statement setting forth: (i) the amount of distributions to Certificateholders allocable to principal or interest portion of Available Funds; (ii) the aggregate Certificate Principal Balance at the close of business paid on such Distribution Date; (iii) Date to each of the amount received Trustee, the Servicer, the Certificateholders and the Reserve Account by the Trustee as paying agent pursuant to Section 3.09. If the Trustee, in its capacity as calculation agent, determines that any of such amounts is incorrect or otherwise conflicts with its calculation of such amounts, the Trustee, as calculation agent, shall notify the Servicer of such determination and the Trustee, as calculation agent, and Servicer shall work together to resolve all such discrepancies prior to finalizing and circulating the statement to Certificateholders and making distributions of funds on the related Underlying Notes for the applicable Underlying Note Accrual Period; andDistribution Date. (ivb) the aggregate principal amount of the Underlying Notes as of such Distribution Date and the weighted average interest rate per annum applicable to the Underlying Notes for the next succeeding Underlying Note Accrual Period. In the case of information furnished pursuant to clause (i) above, any amount shall be expressed as a Dollar amount per minimum denomination of Certificates or for such other specified portion thereof. Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Trustee shall furnish to each Person who at any time during each such the calendar year was a Certificateholder a statement supplied by the Tax Return Preparer pursuant to paragraph (c) below containing information for the information set forth in clause (i) abovepurposes of the Certificateholder's preparation of federal, aggregated for such calendar year or the applicable portion thereof during which such Person was a Certificateholder, which statement shall contain sufficient information to allow Certificateholders to calculate their U.S. Federal state and local income tax liability with respect to the Certificates. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall have been provided by the Trustee pursuant to any requirements of the Code as are from time to time in effect. (b) If there is a Removal Event with respect to any Underlying Note or Underlying Issuer and such Removal Event is actually known to the Trustee, the Trustee shall promptly give notice to the Certificateholders thereof as promptly as practicable in the manner and to the extent provided in TIA Section 313(c). Such notice will set forth (i) the identity of the Underlying Issuer of the relevant Underlying Notes, (ii) the date and nature of such Removal Event, including whether such Removal Event relates to the failure of such Underlying Issuer to pay the principal of or premium, if any, or interest on such Underlying Notes, (iii) the aggregate principal amount of such Underlying Notes and the aggregate principal amount and weighted average interest rate per annum applicable to the remaining Underlying Notes, (iv) the Certificate Principal Balance of each Certificate after the removal of such Underlying Notes from the Trust Property, (v) the requirement that Holders of Certificated Certificates must deliver the same to the Trustee at its Corporate Trust Office to reflect a reduced Certificate Principal Balance in exchange for such Underlying Notes or the proceeds therefrom in accordance with Sections 3.08 and 3.09 and (vi) the current rating of the Certificates by each applicable Rating Agency after taking such Removal Event into accountreturns. (c) The Tax Return Preparer shall furnish to the Trustee, at least five Business Days prior to the date of mailing or posting, and the Trustee will promptly deliver shall then make available to the Certificateholders copies of all notices and communications it receives from each Underlying IssuerCertificate Owners, including notice a copy of the optional redemption of any Underlying Notes statement required to be provided by the related Underlying IssuerTrustee to the Certificateholders pursuant to paragraph (b) above. (d) There shall The Trustee may make available to Certificateholders and each Certificate Owner, via the Trustee's internet website, all statements required to be delivered to the Depositor on or before each [MONTH/DAY] an annual statement signed made available by two Responsible Officers of the Trustee to the effect Certificateholders and the Certificate Owners by this Section 4.02 each month and, only with the consent or at the direction of the Seller and the Initial Purchaser, such other information regarding the Certificates and/or the Contracts as the Trustee may have in its possession, but only with the use of a password provided by the Trustee or its agents to such Person upon receipt by the Trustee from such Person of a certification in the form of Exhibit F; provided, however, that the Trustee has fulfilled or its obligations under agent shall provide such password to the parties to this Agreement throughout the preceding calendar year with respect without requiring such certification. The Trustee will make no representation or warranties as to the Certificates. Copies accuracy or completeness of such annual statement may documents and will assume no responsibility therefor. The Trustee's Internet Website shall be obtained initially located at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or at such other address as shall be specified by Certificateholders without charge upon written request the Trustee from time to time in writing to the parties hereto and the Certificateholders. In connection with providing access to the Trustee. 's Internet Website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The provisions of this paragraph (e) If required will apply to the tax information described in paragraph (c) above only to the extent permitted by TIA Section 313(a), within 60 days after December 31 of each year, the Trustee shall mail a brief report dated as of such date that complies with TIA Section 313(a) to (i) each Certificateholder as required by TIA Section 313(c) and (ii) the Depositor. The Trustee also shall comply with TIA Section 313(b). A copy of any report delivered pursuant to this Section 4.02(e) shall, at the time of its mailing to Certificateholders and the Depositor, be filed by the Trustee with the Commissionlaw.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Resource America Inc)

Reports to Certificateholders. (a) On or before 5:00 p.m. Central time on the third Business Day immediately preceding each Distribution Date (or such other date as may be agreed to by the Securities Administrator and the Master Servicer), the Master Servicer shall deliver to the Securities Administrator with respect to all Mortgage Loans, a report in the form of a computer readable magnetic tape (or by such other means as the Master Servicer and the Securities Administrator may agree from time to time) containing such data and information, as agreed to by the Master Servicer and the Securities Administrator so as to permit the Securities Administrator to prepare the monthly Remittance Report. The Securities Administrator shall deliver a Remittance Report to the Trustee on or before 5:00 p.m. Eastern time on the Business Day next succeeding immediately preceding each Distribution Date. Information in the Remittance Report relating to or based on amounts available in the Swap Agreement Payment Account or Swap Agreement Amount Account shall be based on information provided by the Swap Counterparty regarding any required Net Swap Payments to be made by the Separate Interest Trust or any Net Swap Amounts required to be paid by the Swap Counterparty for the related Distribution Date pursuant to the Swap Agreements. The Trustee shall confirm to the Master Servicer receipt of any Net Swap Amounts in the Swap Agreement Amount Account on the day of receipt. On each Distribution Date, the Trustee Securities Administrator shall forward or cause to be forwarded make available to the Depositor other parties hereto and each Certificateholder on the Securities Administrator’s internet website as set forth below, a statement setting forthreport (the “Remittance Report”) containing the following information: (i) the aggregate amount of distributions the distribution to Certificateholders be made on such Distribution Date to the Holders of each Class of Certificates to the extent applicable, allocable to principal or interest portion on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of Available Fundsprincipal; (ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest, including any Accrual Amount added to the Class Principal Amount of any Class of Accrual Certificates and any Required Reserve Fund Deposit; (iii) the amount, if any, of any distribution to the Holders of a Residual Certificate; (A) the aggregate amount of any Advances required to be made by or on behalf of the Master Servicer or any Servicer (or the Trustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (v) the aggregate Scheduled Principal Balance of the Mortgage Loans for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above; (vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Realized Losses: (vii) any Realized Losses realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount; (viii) the amount of the Master Servicing Fees, Servicing Fees and Trustee Fees paid during the Due Period to which such distribution relates; (ix) the number and aggregate Scheduled Principal Balance at of Mortgage Loans, as reported to the Trustee by the Master Servicer, (a) remaining outstanding (b) delinquent one month, (c) delinquent two months, (d) delinquent three or more months, and (e) as to which foreclosure proceedings have been commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (x) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan; (xii) the aggregate outstanding Interest Shortfalls and Net Prepayment Interest Shortfalls, if any, allocated to reduce Accrued Certificate Interest for each Class of Certificates, after giving effect to the distribution made on such Distribution Date; (iiixiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates; (xiv) if applicable, the difference between the aggregate amounts of each of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed; (xv) the amount of any Net Swap Payments payable to the Swap Counterparty and any Net Swap Amounts received from the Swap Counterparty; (xvi) the aggregate Principal Balance of the One-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xvii) the aggregate Principal Balance of the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xviii) the level of LIBOR for such Distribution Date, expressed as a per annum rate, and any Net Swap Payments being made by the Trustee Separate Interest Trust which reduced the Available Funds Cap Shortfall Amounts and the amounts paid to each Class of Certificates from Net Swap Amounts received from the Swap Counterparty for such period in reduction of any Available Funds Cap Shortfall Amounts and the notional balances on each Swap Agreement for such Distribution Date; (xix) the amount of any Unpaid Available Funds Cap Shortfall Amounts (if applicable) and the related Underlying Notes accrued interest thereon, with respect to the Class A Certificates and each Class of Subordinate Certificates following the distributions and allocations made in respect of such Certificates on such Distribution Date; (xx) the total number of Mortgage Loans in the aggregate and the aggregate Scheduled Principal Balance separately for each of the applicable Underlying Note Accrual Three-Year Hybrid Mortgage Loans, Five-Year Hybrid Mortgage Loans, Seven-Year Hybrid Mortgage Loans and Ten-Year Hybrid Mortgage Loans, in each case at the close of business at the end of the related Due Period; and (ivxxi) any information requested in writing by a Certificateholder for any Mortgage Loans that are delinquent three or more months and any REO Property held by the aggregate principal amount of Trust that is reported by the Underlying Notes as of such Distribution Date and the weighted average interest rate per annum applicable Master Servicer to the Underlying Notes for the next succeeding Underlying Note Accrual PeriodTrustee. In the case of information furnished pursuant to clause subclauses (i), (ii) and (viii) above, any amount the amounts shall be expressed as a Dollar dollar amount per minimum denomination $1,000 of Certificates or for such other specified portion thereoforiginal principal amount of Certificates. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during each such calendar year was a Certificateholder a statement containing the The information set forth in clause (i) above, aggregated for such calendar year or the applicable portion thereof during which such Person was a Certificateholder, which statement shall contain sufficient information to allow Certificateholders to calculate their U.S. Federal income tax liability with respect to the Certificates. Such obligation of the Trustee above shall be deemed to have been satisfied to calculated or reported, as the extent that substantially comparable information shall have been provided case may be, by the Trustee pursuant to any requirements of the Code as are from time to time in effect. (b) If there is a Removal Event with respect to any Underlying Note or Underlying Issuer and such Removal Event is actually known to the TrusteeSecurities Administrator, the Trustee shall promptly give notice to the Certificateholders thereof as promptly as practicable in the manner based solely on, and to the extent of, information provided in TIA Section 313(c). Such notice will set forth (i) the identity of the Underlying Issuer of the relevant Underlying Notes, (ii) the date and nature of such Removal Event, including whether such Removal Event relates to the failure of such Underlying Issuer to pay Securities Administrator by the principal of or premium, if any, or interest Master Servicer. The Securities Administrator may conclusively rely on such Underlying Notesinformation and shall not be required to confirm, (iii) verify or recalculate any such information. The Securities Administrator may make available each month, to any interested party, the aggregate principal amount of such Underlying Notes and monthly statement to Certificateholders via the aggregate principal amount and weighted average interest rate per annum applicable to Securities Administrator’s website initially located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the remaining Underlying Notes, (iv) the Certificate Principal Balance of each Certificate after the removal of such Underlying Notes from the Trust Property, (v) the requirement that Holders of Certificated Certificates must deliver the same to the Trustee at its Corporate Trust Office to reflect a reduced Certificate Principal Balance in exchange for such Underlying Notes or the proceeds therefrom in accordance with Sections 3.08 and 3.09 and (vi) the current rating of the Certificates by each applicable Rating Agency after taking such Removal Event into account. (c) The Trustee will promptly deliver to the Certificateholders copies of all notices and communications it receives from each Underlying Issuer, including notice of the optional redemption of any Underlying Notes by the related Underlying Issuer. (d) There shall be delivered to the Depositor on or before each [MONTH/DAY] an annual statement signed by two Responsible Officers of the Trustee to the effect that the Trustee has fulfilled its obligations under this Agreement throughout the preceding calendar year with respect to the Certificates. Copies of such annual statement may website can be obtained by Certificateholders without charge upon written request calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Trustee. (e) If required by TIA Section 313(a)parties, within 60 days after December 31 of each yearand the Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. In preparing or furnishing the Mortgage Loan data to the Securities Administrator, the Trustee Master Servicer shall mail a brief report dated as be entitled to rely conclusively on the accuracy of such date that complies with TIA Section 313(a) to (i) each Certificateholder as required by TIA Section 313(c) and (ii) the Depositor. The Trustee also shall comply with TIA Section 313(b). A copy of any report delivered pursuant to this Section 4.02(e) shall, at information or data regarding the time of its mailing to Certificateholders Mortgage Loans and the Depositorrelated REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be filed by the Trustee with the Commissionobligated to verify, recompute, reconcile or recalculate any such information or data.

Appears in 1 contract

Sources: Trust Agreement (Thornburg Mortgage Securities Trust 2004-3)

Reports to Certificateholders. (a) On the Two Business Day next succeeding Days prior to each Distribution Date, the Trustee Securities Administrator shall forward or cause make available to be forwarded the Yield Maintenance Counterparty (and on the Auction Distribution Date, to the Auction Administrator), and concurrently with each distribution to Certificateholders, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, the Trustee, the Depositor and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the Servicers, (the “Remittance Report”) as to the distributions to be made or made, as applicable, on such Distribution Date. Information in the Remittance Report relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Counterparty regarding any Yield Maintenance Amounts required to be paid by the Yield Maintenance Counterparty for the related Distribution Date pursuant to the Yield Maintenance Agreements. The Securities Administrator shall confirm to the Trustee receipt of any Yield Maintenance Amounts from the Yield Maintenance Counterparty on the day of receipt and shall immediately deposit such amounts into the Yield Maintenance Account. On each Distribution Date, the Securities Administrator shall make available to the other parties hereto and each Certificateholder a statement setting forthon the Securities Administrator’s internet website as set forth below, the Remittance Report containing the following information: (i) the aggregate amount of distributions the distribution to Certificateholders be made on such Distribution Date to the Holders of each Class of Certificates to the extent applicable, allocable to principal or interest portion on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of Available Fundsprincipal in each Mortgage Pool and in the aggregate; (ii) the aggregate Certificate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest, including any Accrual Amount added to the Class Principal Balance at Amount of any Class of Accrual Certificates and any Required Reserve Fund Deposit; (iii) the close amount, if any, of business any distribution to the Holders of a Residual Certificate; (iv) the Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Mortgage Pool for the following Distribution Date; (v) the Available Funds Cap for each Class of Senior Certificates (other than the Class A-X Certificates) on such Distribution Date; (iiivi) the amount received by related Net WAC for each Mortgage Pool at the Trustee on close of business at the end of the related Underlying Notes for the applicable Underlying Note Accrual Due Period; and; (ivvii) for each Mortgage Pool, the number, weighted average remaining term to maturity and weighted average Mortgage Rate of the related Mortgage Loans as of the related Due Date; (viii) for each Mortgage Pool and in the aggregate (A) the aggregate principal amount of any Advances required to be made by or on behalf of the Underlying Notes Master Servicer or any Servicer (or the Trustee as successor Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (ix) the aggregate Scheduled Principal Balance of the Mortgage Loans and the Pool Balance of each Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above; (x) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Realized Losses: (xi) for each Mortgage Pool and in the aggregate, any Realized Losses realized with respect to the Mortgage Loans in the applicable Prepayment Period and the weighted average aggregate amount of such Realized Losses; (xii) the amount of the Master Servicing Fees, Servicing Fees and Trustee Fees paid during the Due Period to which such distribution relates; (xiii) the number and aggregate Scheduled Principal Balance of Mortgage Loans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) delinquent one month, (c) delinquent two months, (d) delinquent three or more months, and (e) as to which foreclosure proceedings have been commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xiv) the deemed principal balance of each REO Property with respect to each Mortgage Pool and in the aggregate as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xv) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan in each case for each Mortgage Pool and in the aggregate; (xvi) the aggregate outstanding Interest Shortfalls and Net Prepayment Interest Shortfalls, if any, allocated to reduce Accrued Certificate Interest for each Class of Certificates, after giving effect to the distribution made on such Distribution Date; (xvii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates; (xviii) the Available Distribution Amount with respect to each Mortgage Pool; (xix) if applicable, the difference between the aggregate amounts of each of principal and interest rate which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed; (xx) the amount of any Yield Maintenance Amounts received from the Yield Maintenance Counterparty with respect to each Yield Maintenance Agreement; (xxi) the aggregate Principal Balance of the One-Year CMT Indexed Mortgage Loans and Three-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xxii) the aggregate Principal Balance of the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xxiii) the amounts paid to each Class of Class A Certificates from Yield Maintenance Amounts received from the Yield Maintenance Counterparty for such period in reduction of any Available Funds Cap Shortfall Amounts and the notional balances on each Yield Maintenance Agreement for such Distribution Date; (xxiv) the Certificate Interest Rate for each Class of Certificates for such Distribution Date and, through the Auction Distribution Date, the level of LIBOR used to determine the applicable Certificate Interest Rate; (xxv) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller or TMI during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan; (xxvi) the amount of any Undercollateralization Distribution and any unpaid Interest Shortfalls paid to an Undercollateralized Group pursuant to Section 5.02(e)(ii); (xxvii) current Subsequent Recoveries on such Distribution Date; (xxviii) cumulative Subsequent Recoveries as of such Distribution Date; (A) the amounts paid to each Class of Senior Certificates (other than the Class A-X Certificate) from Yield Maintenance Amounts received from the Yield Maintenance Counterparty for such period in reduction of any Available Funds Cap Shortfalls, expressed as a per annum applicable rate and as a dollar amount, (B) the amounts paid to the Underlying Notes Class A-X Certificates from the excess Yield Maintenance Amounts expressed as a per annum rate and as a dollar amount and (C) the notional balances on each Yield Maintenance Agreement for such Distribution Date; (xxx) the next succeeding Underlying Note Accrual amount of any Unpaid Available Funds Cap Shortfall Amounts (if applicable) and the related accrued interest thereon, with respect to each class of the Class A Certificates following the distributions and allocations made in respect of such Certificates on such Distribution Date; (xxxi) the total number of Mortgage Loans in the aggregate and the aggregate Scheduled Principal Balance separately for each of the Adjustable-Rate Mortgage Loans and Three-Year Hybrid Mortgage Loans and, Five-Year Hybrid Mortgage Loans, Seven-Year Hybrid Mortgage Loans and Ten-Year Hybrid Mortgage Loans, in each case at the close of business at the end of the related Due Period; (xxxii) based upon information provided by the Depositor to the Master Servicer and by the Master Servicer to the Securities Administrator, the aggregate principal balance of any Subsequent Mortgage Loans acquired by the Trust in the preceding Collection Period, the amount of funds remaining in each Pre-Funding Account (after taking into account such acquisition), and the amount of funds remaining in each Capitalized Interest Account (after giving effect to distributions on such Distribution Date); (xxxiii) the amount of any Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the earlier of the Distribution Date in October 2035 and the termination of the Trust, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates; (xxxiv) on the Auction Distribution Date, the Par Price (as defined in the Auction Administration Agreement) for each Class of Auction Certificates as reported to the Master Servicer; and (xxxv) any information requested in writing by a Certificateholder for any Mortgage Loans that are delinquent three or more months and any REO Property held by the Trust that is reported by the Master Servicer to the Trustee and/or the Securities Administrator. In the case of information furnished pursuant to clause subclauses (i), (ii), (xii), (xvi) and (xxxiv) above, any amount the amounts shall be expressed as a Dollar dollar amount per minimum denomination $1,000 of Certificates original principal amount of Certificates. The information set forth above (other than with respect to clause (xxxiv)) shall be calculated or reported, as the case may be, by the Securities Administrator, based solely on, and to the extent of, information provided to the Securities Administrator by the Master Servicer. The Securities Administrator may conclusively rely on such information and shall not be required to confirm, verify or recalculate any such information. The Securities Administrator may make available each month, to any interested party, the monthly statement to Certificateholders via the Securities Administrator’s website initially located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. In preparing or furnishing the Mortgage Loan data to the Securities Administrator, the Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. (b) Upon the reasonable advance written request of any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Securities Administrator or the Trustee, will be promptly forwarded to the Master Servicer, the Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to investment in the Certificates; provided, however, that the Master Servicer shall be entitled to be reimbursed by such Certificateholder for such other specified portion thereof. Master Servicer’s actual expenses incurred in providing such reports and access. (c) Within a reasonable 90 days, or such shorter period of time as may be required by statute or regulation, after the end of each calendar year, the Trustee Securities Administrator shall furnish send to each Person who at any time during each such the calendar year was a Certificateholder a statement containing the information set forth in clause of record, and make available to Certificate Owners (i) above, aggregated for identified as such calendar year or the applicable portion thereof during which such Person was a Certificateholder, which statement shall contain sufficient information to allow Certificateholders to calculate their U.S. Federal income tax liability with respect to the Certificates. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall have been provided by the Trustee pursuant to any requirements of the Code as are from time to time in effect. (bClearing Agency) If there is a Removal Event with respect to any Underlying Note or Underlying Issuer and such Removal Event is actually known to the Trustee, the Trustee shall promptly give notice to the Certificateholders thereof as promptly as practicable in the manner and to the extent provided in TIA Section 313(c). Such notice will set forth (i) the identity of the Underlying Issuer of the relevant Underlying Notes, (ii) the date and nature of such Removal Event, including whether such Removal Event relates to the failure of such Underlying Issuer to pay the principal of or premium, if any, or interest on such Underlying Notes, (iii) the aggregate principal amount of such Underlying Notes and the aggregate principal amount and weighted average interest rate per annum applicable to the remaining Underlying Notes, (iv) the Certificate Principal Balance of each Certificate after the removal of such Underlying Notes from the Trust Property, (v) the requirement that Holders of Certificated Certificates must deliver the same to the Trustee at its Corporate Trust Office to reflect a reduced Certificate Principal Balance in exchange for such Underlying Notes or the proceeds therefrom in accordance with Sections 3.08 applicable regulations, a report summarizing the items provided to Certificateholders pursuant to Section 4.03(a) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns. Such information shall include the amount of original issue discount accrued on each Class of Certificates and 3.09 and (vi) information regarding the current rating expenses of the Certificates by each applicable Rating Agency after taking such Removal Event into accountTrust Fund. (c) The Trustee will promptly deliver to the Certificateholders copies of all notices and communications it receives from each Underlying Issuer, including notice of the optional redemption of any Underlying Notes by the related Underlying Issuer. (d) There shall be delivered to the Depositor on or before each [MONTH/DAY] an annual statement signed by two Responsible Officers of the Trustee to the effect that the Trustee has fulfilled its obligations under this Agreement throughout the preceding calendar year with respect to the Certificates. Copies of such annual statement may be obtained by Certificateholders without charge upon written request to the Trustee. (e) If required by TIA Section 313(a), within 60 days after December 31 of each year, the Trustee shall mail a brief report dated as of such date that complies with TIA Section 313(a) to (i) each Certificateholder as required by TIA Section 313(c) and (ii) the Depositor. The Trustee also shall comply with TIA Section 313(b). A copy of any report delivered pursuant to this Section 4.02(e) shall, at the time of its mailing to Certificateholders and the Depositor, be filed by the Trustee with the Commission.

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Sources: Trust Agreement (Thornburg Mortgage Securities Trust 2005-3)