Withdrawals from the Collection Account. From time to time, withdrawals may be made from the Collection Account by the Servicer for the following purposes: (i) If not received by the Servicer pursuant to Section 3.02(b), to the Servicer as payment for its Servicing Fee pursuant to Section 3.08; (ii) To pay to the Servicer amounts on deposit in the Collection Account that are not to be included in the distributions and payments pursuant to Section 8.6 of the Indenture to the extent provided by the second to the last and the last paragraph of Section 3.02(b); (iii) To make or to permit the Paying Agent to make distributions and payments pursuant to Section 8.6 of the Indenture; (iv) Prior to the Collection Period preceding the Rapid Amortization Commencement Date, to pay to the Sponsor the amount of any Additional Balances as and when created during the related Collection Period; provided, that the aggregate amount so paid to the Sponsor in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period; (v) To pay to the Servicer any Liquidation Expenses not reimbursed prior to the deposit of Net Liquidation Proceeds to the Collection Account; (vi) Upon termination of the Trust, to make any payments required by Section 7.01. If the Servicer deposits in the Collection Account any amount not required to be deposited therein or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other reason for non-payment it may at any time withdraw such amount from the Collection Account, and any such amounts shall not be included in the amounts to be deposited in the Collection Account pursuant to Section 3.02(b), any provision herein to the contrary notwithstanding.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Headlands Mortgage Securities Inc), Sale and Servicing Agreement (Greenpoint Home Equity Loan Trust 1999 2)
Withdrawals from the Collection Account. From time to time, withdrawals may be made from the Collection Account by the Servicer for the following purposes:
(i) If not received by the Servicer pursuant to Section 3.02(b), to the Servicer as payment for its Servicing Fee pursuant to Section 3.08;
(ii) To pay to the Servicer amounts on deposit in the Collection Account that are not to be included in the distributions and payments pursuant to Section 8.6 8.7 of the Indenture Pooling Agreement to the extent provided by the second to the last and the last paragraph of Section 3.02(b);
(iii) To make or to permit the Paying Agent to make distributions and payments pursuant to Section 8.6 8.7 of the IndenturePooling Agreement;
(iv) Prior to the Collection Period preceding the Rapid Amortization Commencement Date, to pay to the Sponsor the amount of any Additional Balances as and when created during the related Collection Period; provided, that the aggregate amount so paid to the Sponsor in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period;
(v) To pay to the Servicer any Liquidation Expenses not reimbursed prior to the deposit of Net Liquidation Proceeds to the Collection Account;
(vi) Upon termination of the Trust, to make any payments required by Section 7.01. If the Servicer deposits in the Collection Account any amount not required to be deposited therein or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other reason for non-payment it may at any time withdraw such amount from the Collection Account, and any such amounts shall not be included in the amounts to be deposited in the Collection Account pursuant to Section 3.02(b), any provision herein to the contrary notwithstanding.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/)
Withdrawals from the Collection Account. From time to time, withdrawals may be made from the Collection Account by the Servicer for the following purposes:
(i) If not received by the Servicer pursuant to Section 3.02(b), to the Servicer as payment for its Servicing Fee pursuant to Section 3.08;
(ii) To pay to the Servicer amounts on deposit in the Collection Account that are not to be included in the distributions and payments pursuant to Section 8.6 8.3 of the Indenture to the extent provided by the second to the last and the last paragraph of Section 3.02(b);
(iii) To make or to permit the Paying Agent to make distributions and payments pursuant to Section 8.6 8.3 of the Indenture;
(iv) Prior to the Collection Period preceding the Rapid Amortization Commencement Date, to pay to the Sponsor the amount of any Additional Balances as and when created during the related Collection Period; , provided, that the aggregate amount so paid to the Sponsor in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period;
(v) To make deposits to the Funding Account pursuant to Section 8.7 of the Indenture;
(vi) To pay to the Servicer any Liquidation Expenses not reimbursed prior to the deposit of Net Liquidation Proceeds to the Collection Account;
(vivii) Upon termination of the Trust, to make any payments required by Section 7.01. If the Servicer deposits in the Collection Account any amount not required to be deposited therein or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other reason for non-payment it may at any time withdraw such amount from the Collection Account, and any such amounts shall not be included in the amounts to be deposited in the Collection Account pursuant to Section 3.02(b), any provision herein to the contrary notwithstanding.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Headlands Mortgage Securities Inc)
Withdrawals from the Collection Account. From time to time, --------------------------------------- withdrawals may be made from the Collection Account by the Servicer for the following purposes:
(i) If not received by the Servicer pursuant to Section 3.02(b), to the Servicer as payment for its Servicing Fee pursuant to Section 3.08;
(ii) To pay to the Servicer amounts on deposit in the Collection Account that are not to be included in the distributions and payments pursuant to Section 8.6 of the Indenture 5.01 to the extent provided by the second to the last and the last paragraph of Section 3.02(b);
(iii) To make or to permit the Paying Agent to make distributions and payments pursuant to Section 8.6 of the Indenture5.01;
(iv) Prior to the Collection Period preceding the Rapid Amortization Commencement Date, to pay to the Sponsor Transferor, the amount of any Additional Balances as and when created during the related Collection Period; , provided, that the aggregate amount so paid to the Sponsor Transferor in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period minus the aggregate of Draws during the related Collection Period;
(v) To pay make deposits to the Servicer Funding Account pursuant to Section 5.05 hereof;
(vi) any Liquidation Expenses not reimbursed prior to the deposit of Net Liquidation Proceeds to the Collection Account;
(vivii) Upon termination of the Trust, to make any payments required by Section 7.0110.01. If the Servicer deposits in the Collection Account any amount not required to be deposited therein or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other reason for non-non- payment it may at any time withdraw such amount from the Collection Account, and any such amounts shall not be included in the amounts to be deposited in the Collection Account pursuant to Section 3.02(b), any provision herein to the contrary notwithstanding.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Withdrawals from the Collection Account. From time (a) The Trustee shall withdraw or cause to time, withdrawals may be made withdrawn funds from the Collection Account by the Servicer for the following purposes:
(i) If not received by On each Distribution Date, to make distributions and payments to [the Servicer Certificate Insurer and] Certificateholders pursuant to Section 3.02(b), to the Servicer as payment for its Servicing Fee pursuant to Section 3.085.01;
(ii) To From time to time, to make investments in Permitted Investments and to pay to the Master Servicer amounts all income and gain earned in respect of Permitted Investments or on deposit funds deposited in the Collection Account that are not to be included in the distributions and payments pursuant to Section 8.6 of the Indenture to the extent provided by the second to the last and the last paragraph of Section 3.02(b)Account;
(iii) To make reimburse the Depositor or the Master Servicer to permit the Paying Agent to make distributions and payments pursuant to extent permitted by Section 8.6 of the Indenture7.03;
(iv) Prior To withdraw any funds deposited in the Collection Account that were not required to be deposited therein or were deposited therein in error and to pay such funds to the Collection Period preceding the Rapid Amortization Commencement Date, to pay to the Sponsor the amount of any Additional Balances as and when created during the related Collection Period; provided, that the aggregate amount so paid to the Sponsor in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Periodappropriate Person;
(v) To pay to the Servicer party legally entitled by a final order of a court of competent jurisdiction in an insolvency proceeding an amount equal to any Liquidation Expenses not reimbursed prior preference claim made with respect to amounts paid with respect to the deposit Home Equity Loans; provided that, if any such amount is later determined not to be a preference by such court of Net Liquidation Proceeds competent jurisdiction and is returned to the Master Servicer or any Servicer, such amount shall be redeposited into the Collection AccountAccount by the Master Servicer;
(vi) Upon to clear and terminate the Collection Account upon the termination of this Agreement and to pay any amounts remaining therein to the Trust, Equity Certificateholder; and
(vii) to make any payments required reimburse the Master Servicer for Skip-A-Pay Advances to the extent permitted by Section 7.01. 3.01(f).
(b) If the Master Servicer deposits in the Collection Account any amount not required to be deposited therein or credited thereto or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other reason for non-payment payment, it may at any time withdraw such amount from the Collection AccountAccount pursuant to Section 3.03(a)(iv), and any such amounts shall not be included in the amounts to be deposited in the Collection Account pursuant to Section 3.02(b)Interest Collections and Principal Collections, any provision herein to the contrary notwithstanding. Any withdrawal or debit permitted by Section 3.03(a) may be accomplished by delivering an Officer's Certificate to the Trustee which describes the purpose of such withdrawal (including, without limitation, that any such amount was deposited in the Collection Account in error or, in the case of returned checks, that such amounts were properly debited, respectively). Upon receipt of any such Officer's Certificate, the Trustee shall withdraw such amount for the account of the Master Servicer. All funds deposited by the Master Servicer in the Collection Account shall be held by the Trustee in trust for the Certificateholders, until disbursed in accordance with Section 5.01 or withdrawn or debited in accordance with this Section.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (HFC Revolving Corp)