Common use of 1934 Act Reports Clause in Contracts

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX a Form 10 -K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a Xxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 2007, (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the Xxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2006-A1), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2006-S2), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2006-S4)

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1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX a Form 10 -K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a Xxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer Depositor pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 20072008, (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the Xxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S2), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S4), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S3)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX EXXXX a Form 10 -K 10-K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's ’s report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (Aiii)(A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a XxxxxxxxSxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 2007, (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx“Sxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the XxxxxxxxSxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX EXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-2), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-2)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX a Form 10 -K 10-K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a Xxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 2007, (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the Xxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHFthe Seller, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF the Seller or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2006-1), Pooling and Servicing Agreement (ChaseFlex Trust Series 2006-2)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX EXXXX a Form 10 -K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's ’s report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (Aiii)(A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a XxxxxxxxSxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 20072008, (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx“Sxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the XxxxxxxxSxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX EXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S1), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX EXXXX a Form 10 -K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's ’s report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (Aiii)(A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a XxxxxxxxSxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer Depositor pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 20072008, (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx“Sxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the XxxxxxxxSxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX EXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S5), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-1)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX EXXXX a Form 10 -K 10-K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting reporting Servicer's ’s report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (Aiii)(A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a XxxxxxxxSxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer Depositor pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 2007requirements (other than the calendar year during which the Closing Date occurs), (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx“Sxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the XxxxxxxxSxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX EXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-3)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX a Form 10 -K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a Xxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 2007, (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the Xxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If Each of the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, parties hereto acknowledges and agrees that would require the reporting arrangements, or the allocation purpose of responsibilities with respect thereto, described in this Section 5.24, 5.24 is to be conducted differently than as described, facilitate compliance by the DepositorSeller, the Servicer, the Paying Agent Agent, the Trustee and the Trustee Depositor with the provisions of Regulation AB, as such may be amended or clarified from time to time. Therefore, each of the parties agrees that the parties' obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB and the parties shall comply with reasonable requests made by CHFthe Seller, the Servicer or the Depositor to amend the provisions for delivery of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF the Seller or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2006-S1)

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1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX a Form 10 -K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii)136 (A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a Xxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer Depositor pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 20072008, (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the Xxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A1)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX EXXXX a Form 10 -K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's ’s report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (Aiii)(A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a XxxxxxxxSxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 2007requirements (other than the calendar year during which the Closing Date occurs), (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx“Sxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the XxxxxxxxSxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX EXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S6)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX EXXXX a Form 10 -K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting reporting Servicer's ’s report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (Aiii)(A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a XxxxxxxxSxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 2007, requirements (other than the calendar year during which the Closing Date occurs) (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx“Sxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the XxxxxxxxSxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX EXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A3)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX a Form 10 -K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting Servicer's report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii)any (A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a Xxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 2007, (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the Xxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2006-S3)

1934 Act Reports. (a) As set forth on Schedule X hereto, for so long as the Trust is subject to the Exchange Act reporting requirements, no later than the end of business on the 2nd Business Day after the occurrence of an event requiring disclosure on Form 8-K (a "reportable event") (i) the Depositor, the Seller, the Trustee and the Paying Agent shall notify the Servicer of any item reportable on a Form 8-K of which each such party has knowledge (unless such item is specific to the Servicer, in which case the Servicer will be deemed to have notice) and (ii) shall deliver to the Servicer at least two Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits (unless such information, data, and exhibits are specific to the Servicer) required to be provided or filed with such Form 8-K. After preparing the Form 8-K on behalf of the Depositor, the Servicer shall execute and promptly file such Form 8-K. (b) For so long as the Trust is subject to the Exchange Act, within 15 days after each Distribution Date, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEXXXX), a Form 10-D with (1) a copy of the report to the Certificateholders for such Distribution Date as an exhibit thereto and (2) any other information known to the Servicer or provided to the Servicer to be included at its discretion in Form 10-D ("Additional Form 10-D Disclosure") as set forth in the next paragraph. (c) For so long as the Trust is subject to the Exchange Act, as set forth in Schedule Y hereto, within 5 calendar days after the related Distribution Date (i) the parties hereto, as applicable, will be required to provide to the Servicer, to the extent known to such party, any Additional Form 10-D Disclosure (including any breaches of pool asset representations and warranties or transaction covenants of which the party has written notice and which has not been included on the monthly distribution report for the period), if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-D Disclosure into the Form 10-D and shall file such Form 10-D by the 8th calendar day after the Distribution Date. (d) For so long as the Trust is subject to the Exchange Act, prior to the 90th calendar day after the end of the fiscal year for the trust, the Servicer shall, on behalf of the Trust and in accordance with industry standards, prepare and file with the Commission via XXXXX EXXXX a Form 10 -K 10-K with respect to the Trust Fund. Such Form 10-K shall include the following items: (i) an annual compliance statement for the Servicer and each Subservicer, as described in Section 5.25 of the Agreement, (ii)(A) the annual reports on assessment of compliance with servicing criteria for the Paying Agent, each Servicer, Subservicer and Subcontractor (unless the Servicer has determined that such compliance statement is not required by Regulation AB), as described in Section 5.25 of the Agreement, and (B) if any Reporting reporting Servicer's ’s report on assessment of compliance with servicing criteria described in Section 5.25 identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any report on assessment of compliance with servicing criteria described in Section 5.25 of the Agreement is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, (iii) (Aiii)(A) the registered public accounting firm attestation report for the Paying Agent, the Servicer and each Subservicer, as described in Section 5.26 of the Agreement, and (B) if any registered public accounting firm attestation report described in the Section 5.26 of the Agreement identifies any material instance of noncompliance, disclosure identifying such instance of noncompliance, or if any such registered public accounting firm attestation report is not included as an exhibit to such Form 10-K, disclosure that such report is not included and an explanation why such report is not included, and (iv) a XxxxxxxxSxxxxxxx-Xxxxx Certification in the form attached hereto as Exhibit S, executed by the senior officer in charge of securitizations of the Servicer. Any disclosure or information in addition to (i) through (iv) above that is required to be included on Form 10-K ("Additional Form 10-K Disclosure") shall be determined and prepared by and at the direction of the Servicer pursuant to the following paragraph. (e) As set forth in Schedule Z hereto, no later than March 12 of each year that the Trust is subject to the Exchange Act reporting requirements, commencing in 2007requirements (other than the calendar year during which the Closing Date occurs), (i) the parties identified on Schedule Z shall be required to provide to the Depositor and the Servicer, to the extent known, any Additional Form 10-K Disclosure, if applicable, and (ii) the Servicer, to the extent it deems necessary, shall incorporate such Additional Form 10-K Disclosure into the Form 10-K and shall file such Form 10-K by the 85th calendar day after the end of the fiscal year for the Trust. (f) Each Form 10-K shall include a certification (the "Xxxxxxxx“Sxxxxxxx-Xxxxx Certification") which shall be in the form attached hereto as Exhibit S. The Depositor will cause its senior officer in charge of securitization to execute the XxxxxxxxSxxxxxxx-Xxxxx Certification required pursuant to Rule 13a-14 under the Securities Exchange Act of 1934, as amended, by March 15 of each year in which the Trust is subject to the reporting requirements of the Exchange Act. In connection therewith, the Paying Agent shall sign a certification (in the form attached hereto as Exhibit O) for the benefit of the Servicer and its officers, directors and affiliates regarding certain aspects of the Form 10-K Certification. (g) Following the first date legally permissible under applicable regulations and interpretations of the Commission, the Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via XXXXX EXXXX a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. (h) The Servicer shall have no responsibility to file any items with the Commission other than those specified in this section and the Servicer shall execute any and all form 8-Ks and 10-Ds required hereunder. The Depositor shall execute each form 10-K. (i) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations with respect to Regulation AB or otherwise, or if other changes in applicable law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in this Section 5.24, to be conducted differently than as described, the Depositor, the Servicer, the Paying Agent and the Trustee shall comply with reasonable requests made by CHF, the Servicer or the Depositor to amend the provisions of this Section 5.24 in order to comply with such amended reporting requirements and to deliver additional or different information as CHF or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, provided that such information is available to such party without unreasonable effort or expense or is reimbursed by the requesting party and within such timeframe as may be reasonably requested. Any such supplementation or modification shall be made without the consent of the Certificateholders, and may result in a change in the reports filed by the Servicer on behalf of the Trust under the Exchange Act. (j) The Depositor, the Servicer, the Trustee and the Paying Agent agree to use their good faith efforts to cooperate in complying with the requirements of this Sections 5.24.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-M1)

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