Common use of Annual Compliance Certificates Clause in Contracts

Annual Compliance Certificates. The Company shall, and shall cause each Servicer and Subservicer to, deliver to Participant, on or before March 15 of each year, commencing in the year 2010, an officer’s certificate stating, as to the signer thereof, that (i) a review of such party’s activities during the preceding calendar year (or portion thereof) and of its performance under this Agreement (or, as applicable, the Servicing Agreement or any Subservicing Agreement) has been made under such officer’s supervision, and (ii) to the best of such officer’s knowledge and belief, based on such review, such party has fulfilled all of its obligations under this Agreement (or, as applicable, the Servicing Agreement or Subservicing Agreement) in all material respects throughout such year or portion thereof or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure and the nature and status thereof. In the event a Servicer or any Subservicer was terminated, resigned or otherwise performed in such capacity for only part of a year, such party shall provide an officer’s certificate pursuant to this Section with respect to such portion of the year.

Annual Compliance Certificates. The Company shall, and shall cause each the Servicer and each Subservicer to, deliver to the Participant, on or before March 15 of each year, commencing in the year 2010, an officer’s certificate stating, as to the signer thereof, that (i) a review of such party’s activities during the preceding calendar year (or portion thereof) and of its performance under this Agreement (or, as applicable, the Servicing Agreement or any Subservicing Agreement) has been made under such officer’s supervision, and (ii) to the best of such officer’s knowledge and belief, based on such review, such party has fulfilled all of its obligations under this Agreement (or, as applicable, the Servicing Agreement or Subservicing Agreement) in all material respects throughout such year or portion thereof or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure and the nature and status thereof. In the event a the Servicer or any Subservicer was terminated, resigned or otherwise performed in such capacity for only part of a year, such party shall provide an officer’s certificate pursuant to this Section with respect to such portion of the year.