Common use of Annual Servicer's Certificate Clause in Contracts

Annual Servicer's Certificate. The Servicer will deliver, as provided in Section 13.5, to the Trustee, the Rating Agencies and the Persons, if any, specified in the Supplement with respect to each class of Investor Certificates of any then outstanding Series which is not assigned a rating by any Rating Agency, on or before June 30 of each calendar year, beginning with 1998, an Officer's Certificate substantially in the form of Exhibit F (a) stating that a review of the activities of the Servicer during the preceding Fiscal Year (or, in the case of the first such certificate, during the period from the Initial Closing Date until February 3, 1998) and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (b) stating that to the best of such officer's Knowledge, based on such review, either there has occurred no event which, with the giving of notice or passage of time or both, would constitute a Servicer Default and the Servicer has fully performed all its obligations under this Agreement throughout such year, or, if there has occurred such an event, specifying each such event known to such officer and the nature and status thereof. A copy of such Officer's Certificate may be obtained by any Investor Certificateholder by a request in writing to the Trustee directed to the Trustee's address specified in Section 13.5 hereof.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Proffitts Credit Card Master Trust), Pooling and Servicing Agreement (Proffitts Credit Card Master Trust), Pooling and Servicing Agreement (Proffitts Credit Corp)

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Annual Servicer's Certificate. The Within four months after the end of each fiscal year of the Servicer, the Servicer will deliver, as provided in Section 13.513.05, to the Trustee, any Enhancement Provider and the Rating Agencies and the Persons, if any, specified in the Supplement with respect to each class of Investor Certificates of any then outstanding Series which is not assigned a rating by any Rating Agency, on or before June 30 of each calendar year, beginning with 1998, an Officer's Certificate substantially in the form of Exhibit F D stating that (a) stating that a review of the activities of the Servicer during the preceding Fiscal Year (or, in the case of the first such certificate, during the prior twelve-month period from the Initial Closing Date until February 3, 1998) and of its performance under this Agreement was made under the supervision of the officer signing such certificate and certificate, (b) stating that to the best of such officer's Knowledgeknowledge, based on such review, either there has occurred no event which, with the giving of notice or passage of time or both, would constitute a Servicer Default and the Servicer has fully performed all its obligations under this Agreement throughout such yearperiod, or, if there has occurred been a default in the performance of any such an eventobligation, specifying each such event default known to such officer and the nature and status thereofthereof and (c) the report required to be delivered to the Servicer by the independent certified public accountants pursuant to subsection 3.06(b) of this Agreement has been delivered to the Servicer, and such report contains no exceptions, except for such exceptions as the independent certified public accountants believe to be immaterial and such other exceptions as may be set forth in such report and listed in such Officer's Certificate. A copy of such Officer's Certificate certificate may be obtained by any Investor Certificateholder by a request in writing to the Trustee directed addressed to the Trustee's address specified in Section 13.5 hereofCorporate Trust Office.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bank One Delaware National Association), Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

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