Annual Independent Accountants’ Servicing Report. (a) Within 100 days of the end of each fiscal year, the Servicer shall cause a firm of nationally recognized independent public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report with respect to the prior fiscal year (or, in the case of the first such period, the period beginning on the Initial Closing Date and ending on the last day of the related fiscal year) to the Trustee, any Enhancement Provider and each Rating Agency, to the effect that such firm has applied certain procedures, agreed upon between such firm and the Servicer, which are substantially as set forth in Exhibit G hereto, which would re-perform certain accounting procedures performed by the Servicer pursuant to certain documents and records relating to the servicing of the Receivables. In addition, each report shall set forth the agreed upon procedures performed and the results of such procedures. (b) Within 100 days of the end of each fiscal year, the Servicer shall cause a firm of nationally recognized independent certified public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report to the Trustee, any Enhancement Provider and the Rating Agency to the effect that they have compared the amounts and percentages set forth in four of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by such report with the computer reports (which may include personal computer generated reports that summarize data from the computer reports generated by either the Transferor or Servicer which are used to prepare the Daily Reports) which were the source of such 66 amounts and percentages and that on the basis of such comparison, such amounts and percentages are in agreement except as shall be set forth in such report. A copy of such report will be sent by the Trustee to each Investor Securityholder; provided, however, that in the event that the independent certified public accountants who are preparing such report are not the accounting firm that is the independent accountants for FCI during the relevant period, then the independent certified public accountants who are preparing such report shall compare the amounts set forth in each of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by the report with the applicable computer reports.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fingerhut Receivables Inc)
Annual Independent Accountants’ Servicing Report. (a) Within 100 days On or before the 15th day of the end December of each fiscal year, beginning with December 15, 1993, the Servicer shall cause a firm of nationally recognized independent public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report with respect to the prior fiscal twelve-month period ending on last day of the August Monthly Period for such year (or, in the case of the first initial such period, the period beginning on the Initial Closing Date and ending on the last day of the related fiscal yearAugust 1993 Monthly Period) to the Trustee, any Enhancement Provider and each Rating Agency, to the effect that such firm has applied certain procedures, agreed upon between such firm with the Servicer and the Servicer, which are Trustee and substantially as set forth in Exhibit G J hereto, which would re-perform certain accounting procedures performed by the Servicer pursuant to certain documents and records relating to the servicing of the ReceivablesAccounts under this Agreement. In addition, each report shall set forth the agreed upon procedures performed and the results of such procedures. On or before the 150th day following the end of each Transferor Fiscal Year, beginning with the Transferor Fiscal Year ending February 5, 1993, the Servicer shall also cause a firm of nationally recognized independent public accountants (who may also render other services to the Servicer or the Transferor) to furnish to the Trustee, any Enhancement Provider and each Rating Agency audited financial statements with respect to SRI, the Transferor and the Trust along with a copy of the annual management letter prepared by such auditors pertaining to SRI and its subsidiaries. A copy of each such report and set of financial statements will be sent to each Investor Certificateholder by the Trustee.
(b) Within 100 days On or before the 15th day of the end December of each fiscal year, beginning with December 15, 1993, the Servicer shall cause a firm of nationally recognized independent certified public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report to the Trustee, any Enhancement Provider and the Rating Agency to the effect that they have compared the amounts and percentages set forth in four of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by such report with the computer reports (which may include personal computer generated reports that summarize data from the computer reports generated by either the Transferor or Servicer which are used to prepare the Daily Reports) which were the source of such 66 amounts and percentages and that on the basis of such comparison, such amounts and percentages are in agreement except as shall be set forth in such report. A copy of such report will be sent by the Trustee to each Investor Securityholder; provided, however, that in the event that the independent certified public accountants who are preparing such report are not the accounting firm that is the independent accountants for FCI during the relevant period, then the independent certified public accountants who are preparing such report shall compare the amounts mathematical calculations set forth in each of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by such report (which shall be the report twelve fiscal months ending with the applicable August Monthly Period of such year, or for the initial period, the August 1993 Monthly Period) with the computer reportsreports which were the source of such amounts and that on the basis of such comparison, such amounts are in agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such report. A copy of such report may be obtained by any Investor Certificateholder by a request in writing to the Trustee.
Appears in 1 contract
Annual Independent Accountants’ Servicing Report. (a) Within 100 days of the end On or before March 31 of each fiscal calendar year, the Servicer shall cause a firm of nationally recognized independent public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report beginning with respect to the prior fiscal year (orMarch 31, in the case of the first such period, the period beginning on the Initial Closing Date and ending on the last day of the related fiscal year) to the Trustee, any Enhancement Provider and each Rating Agency, to the effect that such firm has applied certain procedures, agreed upon between such firm and the Servicer, which are substantially as set forth in Exhibit G hereto, which would re-perform certain accounting procedures performed by the Servicer pursuant to certain documents and records relating to the servicing of the Receivables. In addition, each report shall set forth the agreed upon procedures performed and the results of such procedures.
(b) Within 100 days of the end of each fiscal year1997, the Servicer shall cause a firm of nationally recognized independent certified public accountants (who may also render other services to the Servicer or the Transferor) to furnish furnish, as provided in Section 13.5, a report addressed to the Trustee, any Credit Enhancement Provider and the Transferor, to the effect that such firm has examined management's assertion that, as of the date of such report, the system of internal control over servicing of securitized credit card receivables met the criteria for effective internal control described in the report entitled "Internal Control - Integrated Framework" issued by the Committee of Sponsoring Organizations of the Txxxxxxx Commission ("COSO") and that in their opinion, management's assertion is fairly stated, in all material respects. A copy of such report shall be distributed by the Trustee to the Rating Agency and will be available for distribution to Certificateholders upon written request therefor addressed to the Trustee at the Corporate Trust Office.
(b) On or before March 31 of each calendar year, beginning with March 31, 1997, the Servicer shall cause a firm of nationally recognized independent certified public accountants (who may also render other services to the Servicer or the Transferor) to furnish, as provided in Section 13.5, a report, prepared using generally accepted attestation standards, addressed to the Trustee, any Credit Enhancement Provider and the Transferor, to the effect that they have compared the amounts and percentages set forth in four randomly selected at least one (1) of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c3.4(b) during each of the three month periods ended March 31, June 30, September 30 and December 31 during the period covered by such report (which shall be the twelve month period ending on December 31 of the preceding calendar year) and compared such amounts with the Servicer's computer reports (which may include personal computer generated reports that summarize data from the computer reports generated by either the Transferor or Servicer which are used to prepare the Daily Reports) which were the source of such 66 amounts and percentages and that on the basis of such comparisonfound them to be in agreement or shall disclose any exceptions noted. Additionally, such firm shall recalculate the mathematical accuracy of amounts and percentages are derived in agreement except as shall be set forth in such reportthe monthly certificates. A copy of such report will shall be sent distributed by the Trustee to each Investor Securityholder; provided, however, that in the event that Rating Agency and will be available for distribution to Certificateholders upon written request therefor addressed to the independent certified public accountants who are preparing such report are not Trustee at the accounting firm that is the independent accountants for FCI during the relevant period, then the independent certified public accountants who are preparing such report shall compare the amounts set forth in each of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by the report with the applicable computer reportsCorporate Trust Office.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Credit Card Master Trust)
Annual Independent Accountants’ Servicing Report. (a) Within 100 days of the end On or before March 31 of each fiscal calendar year, the Servicer shall cause a firm of nationally recognized independent public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report beginning with respect to the prior fiscal year (orMarch 31, in the case of the first such period, the period beginning on the Initial Closing Date and ending on the last day of the related fiscal year) to the Trustee, any Enhancement Provider and each Rating Agency, to the effect that such firm has applied certain procedures, agreed upon between such firm and the Servicer, which are substantially as set forth in Exhibit G hereto, which would re-perform certain accounting procedures performed by the Servicer pursuant to certain documents and records relating to the servicing of the Receivables. In addition, each report shall set forth the agreed upon procedures performed and the results of such procedures.
(b) Within 100 days of the end of each fiscal year1997, the Servicer shall cause a firm of nationally recognized independent certified public accountants (who may also render other services to the Servicer or the Transferor) to furnish furnish, as provided in Section 13.5, a report addressed to the Trustee, any Credit Enhancement Provider and the Transferor, to the effect that such firm has examined management's assertion that, as of the date of such report, the system of internal control over servicing of securitized credit card receivables met the criteria for effective internal control described in the report entitled "Internal Control - Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission ("COSO") and that in their opinion, management's xxxxxxxon is fairly stated, in all material respects. A copy of such report shall be distributed by the Trustee to the Rating Agency and will be available for distribution to Certificateholders upon written request therefor addressed to the Trustee at the Corporate Trust Office.
(b) On or before March 31 of each calendar year, beginning with March 31, 1997, the Servicer shall cause a firm of nationally recognized independent certified public accountants (who may also render other services to the Servicer or the Transferor) to furnish, as provided in Section 13.5, a report, prepared using generally accepted attestation standards, addressed to the Trustee, any Credit Enhancement Provider and the Transferor, to the effect that they have compared the amounts and percentages set forth in four of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by such report (which shall be the twelve-month period ending on December 31 of the preceding calendar year, or for the initial period, from the Closing Date until December 31, 1996) with the Servicer's computer reports (which may include personal computer generated reports that summarize data from the computer reports generated by either the Transferor or Servicer which are used to prepare the Daily Reports) which were the source of such 66 amounts and percentages and that on the basis of such comparisonfound them to be in agreement or shall disclose any exceptions noted. Additionally, such firm shall recalculate the mathematical accuracy of amounts and percentages are derived in agreement except as shall be set forth in such reportthe monthly certificates. A copy of such report will shall be sent distributed by the Trustee to each Investor Securityholder; provided, however, that in the event that Rating Agency and will be available for distribution to Certificateholders upon written request therefor addressed to the independent certified public accountants who are preparing such report are not Trustee at the accounting firm that is the independent accountants for FCI during the relevant period, then the independent certified public accountants who are preparing such report shall compare the amounts set forth in each of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by the report with the applicable computer reportsCorporate Trust Office.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Manhattan Bank Usa)
Annual Independent Accountants’ Servicing Report. (a) Within 100 days On or before the 15th day of the end December of each fiscal year, beginning with December 15, 1993, the Servicer shall cause a firm of nationally recognized independent public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report with respect to the prior fiscal twelve-month period ending on last day of the August Monthly Period for such year (or, in the case of the first initial such period, the period beginning on the Initial Closing Date and ending on the last day of the related fiscal yearAugust 1993 Monthly Period) to the Trustee, any Enhancement Provider and each Rating Agency, to the effect that such firm has applied certain procedures, agreed upon between such firm with the Servicer and the Servicer, which are Trustee and substantially as set forth in Exhibit G J hereto, which would re-perform certain accounting procedures performed by the Servicer pursuant to certain documents and records relating to the servicing of the ReceivablesAccounts under this Agreement. In addition, each report shall set forth the agreed upon procedures performed and the results of such procedures. On or before the 150th day following the end of each Transferor Fiscal Year, beginning with the Trans feror Fiscal Year ending February 5, 1993, the Servicer shall also cause a firm of nationally recognized independent public accountants (who may also render other services to the Servicer or the Transferor) to furnish to the Trustee, any Enhancement Provider and each Rating Agency audited financial statements with respect to SRI, the Transferor and the Trust along with a copy of the annual management letter prepared by such auditors pertaining to SRI and its subsidiaries. A copy of each such report and set of financial statements will be sent to each Investor Certificateholder by the Trustee.
(b) Within 100 days On or before the 15th day of the end December of each fiscal year, beginning with December 15, 1993, the Servicer shall cause a firm of nationally recognized independent certified public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report to the Trustee, any Enhancement Provider and the Rating Agency to the effect that they have compared the amounts and percentages set forth in four of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by such report with the computer reports (which may include personal computer generated reports that summarize data from the computer reports generated by either the Transferor or Servicer which are used to prepare the Daily Reports) which were the source of such 66 amounts and percentages and that on the basis of such comparison, such amounts and percentages are in agreement except as shall be set forth in such report. A copy of such report will be sent by the Trustee to each Investor Securityholder; provided, however, that in the event that the independent certified public accountants who are preparing such report are not the accounting firm that is the independent accountants for FCI during the relevant period, then the independent certified public accountants who are preparing such report shall compare the amounts mathematical calculations set forth in each of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by such report (which shall be the report twelve fiscal months ending with the applicable August Monthly Period of such year, or for the initial period, the August 1993 Monthly Period) with the computer reportsreports which were the source of such amounts and that on the basis of such comparison, such amounts are in agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such report. A copy of such report may be obtained by any Investor Certificateholder by a request in writing to the Trustee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Apparel Retailers Inc)
Annual Independent Accountants’ Servicing Report. (a) Within 100 days of On or before the 120th day following the end of each fiscal yearthe second quarter of the Transferor Fiscal Year, beginning with November 28, 1997, the Servicer shall cause a firm of nationally recognized independent public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report with respect to the prior fiscal year (or, in the case of the first such period, the period beginning on the Initial Closing Date and ending on the last day of the related fiscal year) to the Trustee, any Enhancement Provider and each Rating Agency, to the effect that such firm has applied certain proceduresmade a study and evaluation in accordance with generally accepted auditing standards of the Servicer's assertion regarding the effectiveness of the internal control structure relative to the servicing of Accounts under this Agreement, agreed upon between and that, on the basis of such examination, such firm and is of the opinion (assuming the accuracy of any reports generated by the Servicer, which are substantially as set forth 's third party agents) that the Servicer's assertion regarding the effectiveness of the internal control structure in Exhibit G hereto, which would re-perform certain accounting effect on the last day of the second quarter of the Transferor Fiscal Year relating to servicing procedures performed by the Servicer pursuant to certain documents and records relating to the servicing of the ReceivablesServicer, is fairly stated. In addition, each report shall set forth the agreed upon procedures performed and the results A copy of such proceduresreport will be sent to each Investor Certificateholder by the Servicer.
(b) Within 100 days of On or before the 90th day following the end of the Transferor Fiscal Year of each fiscal calendar year, beginning with May 1, 1998, the Servicer shall cause a firm of nationally recognized independent certified public accountants (who may also render other services to 66 72 the Servicer or the Transferor) to furnish a report to the Trustee, any Enhancement Provider and the each Rating Agency to the effect that they have compared performed the amounts and percentages set forth procedures enumerated below, which were agreed to by the Servicer, solely to assist the Servicer in four evaluating the accuracy of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by such report (which shall be the prior Transferor Fiscal Year, or for the initial period, from the Closing Date until January 31, 1998). These procedures, the sufficiency of which is solely the responsibility of the Servicer, shall include recalculating the mathematical calculations set forth in four of the monthly certificates and agreeing the amounts used in the mathematical calculations with the Transferor's computer reports (which may include personal computer generated reports that summarize data from the computer reports generated by either the Transferor or Servicer which are used to prepare the Daily Reports) which were the source of such 66 amounts amounts. Any findings and percentages and that on exceptions noted, except for such exceptions believed to be immaterial, as a result of the basis performance of such comparison, such amounts and percentages are in agreement except as these procedures shall be set forth in such report. A copy of such report will may be sent obtained by any Investor Certificateholder by a request in writing to the Trustee addressed to each Investor Securityholder; provided, however, that in the event that the independent certified public accountants who are preparing such report are not the accounting firm that is the independent accountants for FCI during the relevant period, then the independent certified public accountants who are preparing such report shall compare the amounts set forth in each of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by the report with the applicable computer reportsCorporate Trust Office.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Federated Department Stores Inc /De/)
Annual Independent Accountants’ Servicing Report. Not later than the earlier of (a) Within 100 March 15 of each calendar year (other than the calendar year during which the Closing Date occurs) or (b) with respect to any calendar year during which the Depositor's annual report on Form 10-K is required to be filed pursuant to Section 4.07(b), 15 calendar days before each date on which the Depositor's annual report on Form 10-K is Fremont 2005-A Pooling & Servicing Agreement required to be filed pursuant to Section 4.07(b), 15 calendar days before each date on which the Depositor's annual report on Form 10-K is required to be filed pursuant to Section 4.07(b)(or if such day is not a Business Day, the immediately preceding Business Day), if the Master Servicer has, during the course of any calendar year, directly serviced any of the end of each fiscal yearMortgage Loans, then the Master Servicer at its expense shall cause a nationally recognized firm of nationally recognized independent certified public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report statement to the Trustee, the Trust Administrator, the Rating Agencies and the Depositor to the effect that, with respect to the prior fiscal year (or, in the case of the first such period, the period beginning on the Initial Closing Date and ending on the last day of the related most recently ended fiscal year) to the Trustee, any Enhancement Provider and each Rating Agency, to the effect that such firm has applied examined certain procedures, agreed upon between such firm records and the Servicer, which are substantially as set forth in Exhibit G hereto, which would re-perform certain accounting procedures performed by the Servicer pursuant to certain documents and records relating to the Master Servicer's performance of its servicing of the Receivables. In additionobligations under this Agreement and pooling and servicing and trust agreements in material respects similar to this Agreement and to each other and that, each report shall set forth the agreed upon procedures performed and the results of such procedures.
(b) Within 100 days of the end of each fiscal year, the Servicer shall cause a firm of nationally recognized independent certified public accountants (who may also render other services to the Servicer or the Transferor) to furnish a report to the Trustee, any Enhancement Provider and the Rating Agency to the effect that they have compared the amounts and percentages set forth in four of the monthly certificates forwarded by the Servicer pursuant to subsection 3.4(c) during the period covered by such report with the computer reports (which may include personal computer generated reports that summarize data from the computer reports generated by either the Transferor or Servicer which are used to prepare the Daily Reports) which were the source of such 66 amounts and percentages and that on the basis of such comparisonexamination conducted substantially in compliance with the audit program for mortgages serviced for Xxxxxxx Mac or the Uniform Single Attestation Program for Mortgage Bankers, such amounts and percentages firm is of the opinion that the Master Servicer's activities have been conducted in compliance with this Agreement, or that such examination has disclosed no material items of noncompliance except for (i) such exceptions as such firm believes to be immaterial, (ii) such other exceptions as are in agreement except as shall be set forth in such statement and (iii) such exceptions that the Uniform Single Attestation Program for Mortgage Bankers or the Audit Program for Mortgages Serviced by Xxxxxxx Mac requires it to report. A copy Copies of such report will statements shall be sent provided to any Certificateholder upon request by the Trustee Master Servicer, or by the Trust Administrator at the expense of the Master Servicer if the Master Servicer shall fail to each Investor Securityholder; provided, however, that in the event that the independent certified public accountants who are preparing provide such copies. If such report discloses exceptions that are not material, the accounting firm that is Master Servicer shall advise the independent accountants for FCI during Trustee and the relevant periodTrust Administrator whether such exceptions have been cured or are susceptible of cure, then the independent certified public accountants who are preparing such report shall compare the amounts set forth in each of the monthly certificates forwarded by the Servicer pursuant and will take prompt action to subsection 3.4(c) during the period covered by the report with the applicable computer reportsdo so.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)