Common use of Annual Servicer's Certificate Clause in Contracts

Annual Servicer's Certificate. (i) Subject to clause (ii) of this subsection 3.05(c), on or before March 31 of each calendar year, the Servicer will deliver to the Trustee, any Credit Enhancement Provider and each Rating Agency an Officer’s Certificate substantially in the form of Exhibit D-1 stating that (a) a review of the activities of the Servicer during the 12-month period ending on December 31 of the prior calendar year, and of its performance under this Agreement was made under the supervision of the officer signing such certificate, (b) to the best of such officer’s knowledge based on such review, the Servicer has fully performed all of its obligations under this Agreement throughout such period, or, if there has been a default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof, (c) during such period, for each outstanding Series, the Servicer prepared the monthly reports required by Section 3.04(b) of this Agreement and each other monthly report required by the applicable Series Supplement in accordance with the provisions of Section 3.04(b) of this Agreement and the applicable provisions of each such Series Supplement, (d) the amounts included in such reports agree with the computer records of the Servicer, and (e) the calculated amounts included in such reports are mathematically correct and made in accordance with the applicable definitions in this Agreement and the other applicable Transaction Documents. A copy of such certificate may be obtained by any Investor Certificateholder by a request in writing to the Trustee addressed to the Corporate Trust Office.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)

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Annual Servicer's Certificate. (i) Subject to clause (ii) of this subsection 3.05(c), on On or before March 31 of each calendar year, the Servicer will deliver to the Indenture Trustee, Owner Trustee, any Credit Enhancement Provider and each Rating Agency an Officer’s 's Certificate substantially in the form of Exhibit D-1 D stating that (a) a review of the activities of the Servicer during the 12-month period ending on December 31 of the prior calendar year, and of its performance under this Agreement was made under the supervision of the officer signing such certificate, (b) to the best of such officer’s 's knowledge based on such review, the Servicer has fully performed all of its obligations under this Agreement throughout such period, or, if there has been a default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof, (c) during such period, for each outstanding Series, the Servicer prepared the monthly reports required by Section 3.04(b) of this Agreement and each other monthly report required by the applicable Series Indenture Supplement in accordance with the provisions of Section 3.04(b) of this Agreement and the applicable provisions of each such Series Indenture Supplement, (d) the amounts included in such reports agree with the computer records of the Servicer, Servicer and (e) the calculated amounts included in such reports are mathematically correct and made in accordance with the applicable definitions in this Agreement and the other applicable Transaction Documents. A copy of such certificate may be obtained by any Investor Certificateholder Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (First Bankcard Master Credit Card Trust), Transfer and Servicing Agreement (First Bankcard Master Credit Card Trust)

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Annual Servicer's Certificate. (i) Subject to clause (ii) of this subsection 3.05(c), on or before March 31 of each calendar year, the Servicer will deliver to the Indenture Trustee, Owner Trustee, any Credit Enhancement Provider and each Rating Agency an Officer’s Certificate substantially in the form of Exhibit D-1 stating that (a) a review of the activities of the Servicer during the 12-month period ending on December 31 of the prior calendar year, and of its performance under this Agreement was made under the supervision of the officer signing such certificate, (b) to the best of such officer’s knowledge based on such review, the Servicer has fully performed all of its obligations under this Agreement throughout such period, or, if there has been a default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof, (c) during such period, for each outstanding Series, the Servicer prepared the monthly reports required by Section 3.04(b) of this Agreement and each other monthly report required by the applicable Series Indenture Supplement in accordance with the provisions of Section 3.04(b) of this Agreement and the applicable provisions of each such Series Indenture Supplement, (d) the amounts included in such reports agree with the computer records of the Servicer, Servicer and (e) the calculated amounts included in such reports are mathematically correct and made in accordance with the applicable definitions in this Agreement and the other applicable Transaction Documents. A copy of such certificate may be obtained by any Investor Certificateholder Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (First National Master Note Trust)

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