Common use of Annual Compliance Information Clause in Contracts

Annual Compliance Information. Not later than March 1 of each year, the Subservicer shall deliver to the Capmark Master Servicer the following reports and certifications: (A) In furtherance of Section 13.10 of the Pooling and Servicing Agreement, a report regarding the Subservicer's assessment of compliance with the Relevant Servicing Criteria, as of and for the period ending the end of the prior calendar year, with respect to asset-backed securities transactions taken as a whole that are backed by the same asset type as that included in the IQ15 Transaction, which report of assessment shall contain the following: (I) a statement of the Subservicer's responsibility for assessing compliance with the Relevant Servicing Criteria; (II) a statement that the Subservicer used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria; (III) the Subservicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year (such assessment to include (y) disclosure of any material instance of noncompliance identified by the Subservicer with respect to the Relevant Servicing Criteria and (z) a discussion of the nature and status of each such instance of noncompliance); and (IV) a statement that a registered public accounting firm has issued an attestation report on the Subservicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year; (B) In furtherance of Section 13.11 of the Pooling and Servicing Agreement, a report by a registered public accounting firm (registered with the Public Company Accounting Oversight Board and subject to the reasonable approval of the Capmark Master Servicer) that attests to, and reports on, the assessment described in the preceding clause (A), which report shall be made in a manner that conforms or would conform to the standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board and would conform to the requirements of Item 1122(b) and Item 1122(c)(1) of Regulation AB and shall be accompanied by a consent from such registered public accounting firm authorizing the filing of such report with the SEC; (C) In furtherance of Section 13.9 of the Pooling and Servicing Agreement, a statement of compliance from the Subservicer signed by an authorized officer of the Subservicer, to the effect that: (a) a review of the Subservicer's activities during the then most-recently ended calendar year and of its performance under this Agreement has been made under such officer's supervision and (b) to the best of such officer's knowledge, based on such review, the servicer has fulfilled all of its obligations under this Agreement in all material respects throughout the then most-recently ended calendar year or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof; and (D) such other information as the Capmark Master Servicer may reasonably request of the Subservicer (the purpose of such information being to enable the Capmark Master Servicer and/or the Depositor to be responsive to the informational requirements of Form 10-K). In addition, the Subservicer shall cooperate with the Depositor with respect to any consultation described in Article XIII of the Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Subservicing Agreement (Morgan Stanley Capital I Trust 2007-Iq15)

AutoNDA by SimpleDocs

Annual Compliance Information. Not later than March 1 of each year, the Subservicer shall deliver to the Capmark Master Servicer the following reports and certifications: (A) In furtherance of Section 13.10 of the Pooling and Servicing Agreement, a report regarding the Subservicer's assessment of compliance with the Relevant Servicing Criteria, as of and for the period ending the end of the prior calendar year, with respect to asset-backed securities transactions taken as a whole that are backed by the same asset type as that included in the IQ15 IQ14 Transaction, which report of assessment shall contain the following: (I) a statement of the Subservicer's responsibility for assessing compliance with the Relevant Servicing Criteria; (II) a statement that the Subservicer used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria; (III) the Subservicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year (such assessment to include (y) disclosure of any material instance of noncompliance identified by the Subservicer with respect to the Relevant Servicing Criteria and (z) a discussion of the nature and status of each such instance of noncompliance); and (IV) a statement that a registered public accounting firm has issued an attestation report on the Subservicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year; (B) In furtherance of Section 13.11 of the Pooling and Servicing Agreement, a report by a registered public accounting firm (registered with the Public Company Accounting Oversight Board and subject to the reasonable approval of the Capmark Master Servicer) that attests to, and reports on, the assessment described in the preceding clause (A), which report shall be made in a manner that conforms or would conform to the standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board and would conform to the requirements of Item 1122(b) and Item 1122(c)(1) of Regulation AB and shall be accompanied by a consent from such registered public accounting firm authorizing the filing of such report with the SEC; (C) In furtherance of Section 13.9 of the Pooling and Servicing Agreement, a statement of compliance from the Subservicer signed by an authorized officer of the Subservicer, to the effect that: (a) a review of the Subservicer's activities during the then most-recently ended calendar year and of its performance under this Agreement has been made under such officer's supervision and (b) to the best of such officer's knowledge, based on such review, the servicer has fulfilled all of its obligations under this Agreement in all material respects throughout the then most-recently ended calendar year or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof; and (D) such other information as the Capmark Master Servicer may reasonably request of the Subservicer (the purpose of such information being to enable the Capmark Master Servicer and/or the Depositor to be responsive to the informational requirements of Form 10-K). In addition, the Subservicer shall cooperate with the Depositor with respect to any consultation described in Article XIII of the Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Subservicing Agreement (Morgan Stanley Capital I Trust 2007-Iq14)

Annual Compliance Information. Not later than March 1 of each year, the Subservicer shall deliver to the Capmark Master Servicer the following reports and certifications: (A) In furtherance of the first paragraph of Section 13.10 of the Pooling and Servicing Agreement, a report regarding the Subservicer's assessment of compliance with the Relevant Servicing Criteria, as of and for the period ending the end of the prior calendar year, with respect to asset-backed securities transactions taken as a whole that are backed by the same asset type as that included in the IQ15 HQ8 Transaction, which report of assessment shall contain the following: (I) a statement of the Subservicer's responsibility for assessing compliance with the Relevant Servicing Criteria; (II) a statement that the Subservicer used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria; (III) the Subservicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year (such assessment to include (y) disclosure of any material instance of noncompliance identified by the Subservicer with respect to the Relevant Servicing Criteria and (z) a discussion of the nature and status of each such instance of noncompliance); and (IV) a statement that a registered public accounting firm has issued an attestation report on the Subservicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year; (B) In furtherance of the first paragraph of Section 13.11 of the Pooling and Servicing Agreement, a report by a registered public accounting firm (registered with the Public Company Accounting Oversight Board and either a "big four" accounting firmor subject to the reasonable approval of the Capmark Master Servicer) that attests to, and reports on, the assessment described in the preceding clause (A), which report shall be made in a manner that conforms conform or would conform to the standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board and would conform conforms to the requirements of Item 1122(b) and Item 1122(c)(1) of Regulation AB and shall be accompanied by a consent from such registered public accounting firm authorizing the filing of such report with the SECAB; (C) In furtherance of the first sentence of Section 13.9 of the Pooling and Servicing Agreement, a statement of compliance from the Subservicer signed by an authorized officer of the Subservicer, to the effect that: (a) a review of the Subservicer's activities during the then most-recently ended calendar year and of its performance under this Agreement has been made under such officer's supervision and (b) to the best of such officer's knowledge, based on such review, the servicer has fulfilled all of its obligations under this Agreement in all material respects throughout the then most-recently ended calendar year or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The Subservicer shall cooperate with the Depositor with respect to any consultation described in Section 13.9 of the Pooling and Servicing Agreement and shall cooperate with the master servicer and any other Applicable Depositor under any comparable provision of the pooling and servicing agreement with respect to any other ABS Issuing Entity; and (D) such other information as the Capmark Master Servicer may reasonably request of the Subservicer (the purpose of such information being to enable the Capmark Master Servicer and/or the Depositor to be responsive to the informational requirements of Form 10-K). In addition, the Subservicer shall cooperate with the Depositor with respect to any consultation described in Article XIII of the Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Subservicing Agreement (Morgan Stanley Capital I Trust 2006-Hq8)

Annual Compliance Information. Not later than March 1 of each year, the Subservicer Primary Servicer shall deliver to the Capmark Master Servicer the following reports and certifications: (A) In furtherance of the first paragraph of Section 13.10 11.10 of the Pooling and Servicing Agreement, a report regarding the SubservicerPrimary Servicer's assessment of compliance with the Relevant Servicing Criteria, as of and for the period ending the end of the prior calendar year, with respect to asset-backed securities transactions taken as a whole that are backed by the same asset type as that included in the IQ15 PWR11 Transaction, which report of assessment shall contain the following: (I) a statement of the SubservicerPrimary Servicer's responsibility for assessing compliance with the Relevant Servicing Criteria; (II) a statement that the Subservicer Primary Servicer used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria; (III) the SubservicerPrimary Servicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year (such assessment to include (y) disclosure of any material instance of noncompliance identified by the Subservicer Primary Servicer with respect to the Relevant Servicing Criteria and (z) a discussion of the nature and status of each such instance of noncompliance); and (IV) a statement that a registered public accounting firm has issued an attestation report on the SubservicerPrimary Servicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year; (B) In furtherance of the first paragraph of Section 13.11 11.11 of the Pooling and Servicing Agreement, a report by a registered public accounting firm (registered with the Public Company Accounting Oversight Board and subject to the reasonable approval of the Capmark Master Servicer) that attests to, and reports on, the assessment described in the preceding clause (A), which report shall be made in a manner that conforms conform or would conform to the standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board and would conform conforms to the requirements of Item 1122(b) and Item 1122(c)(1) of Regulation AB and shall be accompanied by a consent from such registered public accounting firm authorizing the filing of such report with the SECAB; (C) In furtherance of the first sentence of Section 13.9 11.9 of the Pooling and Servicing Agreement, a statement of compliance from the Subservicer Primary Servicer signed by an authorized officer of the SubservicerPrimary Servicer, to the effect that: (a) a review of the SubservicerPrimary Servicer's activities during the then most-recently ended calendar year and of its performance under this Agreement has been made under such officer's supervision and (b) to the best of such officer's knowledge, based on such review, the servicer has fulfilled all of its obligations under this Agreement in all material respects throughout the then most-recently ended calendar year or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The Primary Servicer shall cooperate with the Depositor with respect to any consultation described in Section 11.9 of the Pooling and Servicing Agreement and shall cooperate with the master servicer and any other Applicable Depositor under any comparable provision of the pooling and servicing agreement with respect to any other ABS Issuing Entity; and (D) such other information as the Capmark Master Servicer may reasonably request of the Subservicer Primary Servicer (the purpose of such information being to enable the Capmark Master Servicer and/or the Depositor to be responsive to the informational requirements of Form 10-K). In addition, the Subservicer shall cooperate with the Depositor with With respect to any consultation subservicers other than Xxxxxxxx Fernoglio Xxxxxx, XX. the compliance documents described in Article XIII of above shall be rendered as if all activities performed by subservicers had been performed directly by the Pooling and Servicing AgreementPrimary Servicer.

Appears in 1 contract

Samples: Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2006-Pwr11)

AutoNDA by SimpleDocs

Annual Compliance Information. Not later than March 1 of each year, the Subservicer shall deliver to the Capmark Master Servicer the following reports and certifications: (A) In furtherance of Section 13.10 of the Pooling and Servicing Agreement, a report regarding the Subservicer's assessment of compliance with the Relevant Servicing Criteria, as of and for the period ending the end of the prior calendar year, with respect to asset-backed securities transactions taken as a whole that are backed by the same asset type as that included in the IQ15 IQ16 Transaction, which report of assessment shall contain the following: (I) a statement of the Subservicer's responsibility for assessing compliance with the Relevant Servicing Criteria; (II) a statement that the Subservicer used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria; (III) the Subservicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year (such assessment to include (y) disclosure of any material instance of noncompliance identified by the Subservicer with respect to the Relevant Servicing Criteria and (z) a discussion of the nature and status of each such instance of noncompliance); and (IV) a statement that a registered public accounting firm has issued an attestation report on the Subservicer's assessment of compliance with the Relevant Servicing Criteria as of and for the period ending the end of the prior calendar year; (B) In furtherance of Section 13.11 of the Pooling and Servicing Agreement, a report by a registered public accounting firm (registered with the Public Company Accounting Oversight Board and subject to the reasonable approval of the Capmark Master Servicer) that attests to, and reports on, the assessment described in the preceding clause (A), which report shall be made in a manner that conforms or would conform to the standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board and would conform to the requirements of Item 1122(b) and Item 1122(c)(1) of Regulation AB and shall be accompanied by a consent from such registered public accounting firm authorizing the filing of such report with the SEC; (C) In furtherance of Section 13.9 of the Pooling and Servicing Agreement, a statement of compliance from the Subservicer signed by an authorized officer of the Subservicer, to the effect that: (a) a review of the Subservicer's activities during the then most-recently ended calendar year and of its performance under this Agreement has been made under such officer's supervision and (b) to the best of such officer's knowledge, based on such review, the servicer has fulfilled all of its obligations under this Agreement in all material respects throughout the then most-recently ended calendar year or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof; and (D) such other information as the Capmark Master Servicer may reasonably request of the Subservicer (the purpose of such information being to enable the Capmark Master Servicer and/or the Depositor to be responsive to the informational requirements of Form 10-K). In addition, the Subservicer shall cooperate with the Depositor with respect to any consultation described in Article XIII of the Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Subservicing Agreement (Morgan Stanley Capital I Trust 2007-Iq16)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!