Common use of Annual Independent Accountants’ Servicing Report Clause in Contracts

Annual Independent Accountants’ Servicing Report. The EMC Servicer, at its expense, shall cause a nationally recognized firm of independent certified public accountants to furnish a statement to the Master Servicer by March 1, 2004, and by March 1 of each year thereafter, to the effect that, with respect to the most recently ended calendar year, such firm has examined certain records and documents relating to the EMC Servicer's performance of its servicing obligations under this Agreement and pooling and servicing and trust agreements in material respects similar to this Agreement and to each other and that, on the basis of such examination conducted substantially in compliance with the audit program for mortgages serviced for Xxxxxxx Mac or the Uniform Single Attestation Program for Mortgage Bankers, such firm is of the opinion that the EMC Servicer's activities have been conducted in compliance with the 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 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. If any such report discloses exceptions that are material, the EMC Servicer shall advise the Master Servicer whether such exceptions have been or are susceptible of cure, and will take prompt action to do so.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd1), Pooling and Servicing Agreement (Bear Stearns Asset Back Securities Trust 2003-3), Pooling and Servicing Agreement (Bear Stearns Asset-Backed Certificates Series 2004-Sd1)

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Annual Independent Accountants’ Servicing Report. The EMC Servicer, Servicer at its expense, expense shall cause a nationally recognized firm of independent certified public accountants to furnish a statement to the Master Servicer by March 1Trustee, 2004, the Rating Agencies and by the Depositor on or before March 1 of each year thereafteryear, commencing on March 1, 2006 to the effect that, with respect to the most recently ended calendar year, such firm has examined certain records and documents relating to the EMC Servicer's ’s performance of its servicing obligations under this Agreement and pooling and servicing and trust agreements in material respects similar to this Agreement and to each other and that, on the basis of such examination conducted substantially in compliance with the audit program for mortgages serviced for Xxxxxxx Fxxxxxx Mac or the Uniform Single Attestation Program for Mortgage Bankers, such firm is of the opinion that the EMC Servicer's ’s activities have been conducted in compliance with the 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 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 Fxxxxxx Mac requires it to report. Copies of such statements shall be provided to any Certificateholder upon request by the Servicer, or by the Trustee at the expense of the Servicer if the Servicer shall fail to provide such copies. If any such report discloses exceptions that are material, the EMC Servicer shall advise the Master Servicer Trustee whether such exceptions have been or are susceptible of cure, and will take prompt action to do so.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar4)

Annual Independent Accountants’ Servicing Report. The EMC Servicer, Servicer at its expense, expense shall cause a nationally recognized firm of independent certified public accountants to furnish a statement to the Master Servicer by March 1Trustee, 2004, the Rating Agencies and by the Depositor on or before March 1 of each year thereafteryear, commencing on March 1, 2006 to the effect that, with respect to the most recently ended calendar fiscal year, such firm has examined certain records and documents relating to the EMC Servicer's ’s performance of its servicing obligations under this Agreement and pooling and servicing and trust agreements in material respects similar to this Agreement and to each other and that, on the basis of such examination conducted substantially in compliance with the audit program for mortgages serviced for Xxxxxxx Fxxxxxx Mac or the Uniform Single Attestation Program for Mortgage Bankers, such firm is of the opinion that the EMC Servicer's ’s activities have been conducted in compliance with the 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 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 Fxxxxxx Mac requires it to report. Copies of such statements shall be provided to any Certificateholder upon request by the Servicer, or by the Trustee at the expense of the Servicer if the Servicer shall fail to provide such copies. If any such report discloses exceptions that are material, the EMC Servicer shall advise the Master Servicer Trustee whether such exceptions have been or are susceptible of cure, and will take prompt action to do so.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar2)

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Annual Independent Accountants’ Servicing Report. The EMC Servicer, Servicer at its expense, expense shall cause a nationally recognized firm of independent certified public accountants to furnish a statement to the Master Servicer by March 1Trustee, 2004, the Rating Agencies and by the Depositor on or before March 1 of each year thereafteryear, commencing on March 1, 2006 to the effect that, with respect to the most recently ended calendar year, such firm has examined certain records and documents relating to the EMC Servicer's ’s performance of its servicing obligations under this Agreement and pooling and servicing and trust agreements in material respects similar to this Agreement and to each other and that, on the basis of such examination conducted substantially in compliance with the audit program for mortgages serviced for Xxxxxxx Mac or the Uniform Single Attestation Program for Mortgage Bankers, such firm is of the opinion that the EMC Servicer's ’s activities have been conducted in compliance with the 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 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. Copies of such statements shall be provided to any Certificateholder upon request by the Servicer, or by the Trustee at the expense of the Servicer if the Servicer shall fail to provide such copies. If any such report discloses exceptions that are material, the EMC Servicer shall advise the Master Servicer Trustee whether such exceptions have been or are susceptible of cure, and will take prompt action to do so.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar3)

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