Common use of Annual Statement as to Compliance; Notice of Default Clause in Contracts

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Insurer, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01.

Appears in 10 contracts

Samples: Trust and Servicing Agreement (Uacsc Auto Trusts Uacsc 1999-D Owner Trust Auto Rec Bac Note), Trust and Servicing Agreement (Uacsc 2001-C Owner Trust), Trust and Servicing Agreement (Uacsc Auto Trusts Uacsc 1999-C Owner Trust Auto Rec Bac Note)

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Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each Rating Agency, within 90 days after the Insurer, on or before April 30 end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2014, an Officers' Officer’s Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2014), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice (in the form of an Officers' Certificate Officer’s Certificate) of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller or UAC shall deliver 8.01. (c) Except to a Responsible Officer the extent set forth in Section 4.09(b) of this Agreement and Section 5.01 of the Owner TrusteeIndenture, the Indenture Trustee Basic Documents do not require any policies or procedures to monitor any performance or other triggers and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate events of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01default.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2014-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2014-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2013-C Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner TrusteeTrust Collateral Agent, the Indenture Trustee Issuer, the Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2025, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b) The Servicer shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Insurer, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller Depositor or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Uacsc 1998-C Auto Trust), Pooling and Servicing Agreement (Uacsc 1998-a Auto Trust), Pooling and Servicing Agreement (Uacsc 1998-D Auto Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner TrusteeTrust Collateral Agent, the Indenture Trustee Issuer, the Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2024, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b) The Servicer shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Indenture Trustee Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2018, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b) The Servicer shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each Rating Agency, within 90 days after the Insurer, on or before April 30 end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2016, an Officers' Officer’s Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2016), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice (in the form of an Officers' Certificate Officer’s Certificate) of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller or UAC shall deliver 8.01. (c) Except to a Responsible Officer the extent set forth in Section 4.09(b) of this Agreement and Section 5.01 of the Owner TrusteeIndenture, the Indenture Trustee Basic Documents do not require any policies or procedures to monitor any performance or other triggers and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate events of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01default.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each Rating Agency, within 90 days after the Insurer, on or before April 30 end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2015, an Officers' Officer’s Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2015), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice (in the form of an Officers' Certificate Officer’s Certificate) of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller or UAC shall deliver 8.01. (c) Except to a Responsible Officer the extent set forth in Section 4.09(b) of this Agreement and Section 5.01 of the Owner TrusteeIndenture, the Indenture Trustee Basic Documents do not require any policies or procedures to monitor any performance or other triggers and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate events of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01default.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables 2014-B Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerSurety Bond Issuer, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerSurety Bond Issuer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller Depositor or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerSurety Bond Issuer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Uacsc 1997-C Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-a Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-D Auto Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, on or before April 30 December 31 of each year, year beginning on with the first April 30 December 31 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 Certificate of the preceding year, Servicer stating that (i) a review of the activities of the Servicer during the preceding 12-month period ended September 30 (or or, if applicable, such shorter period in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of first such Officer's Certificate) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, period or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of such certificate Officer's Certificate and the report referred to in Section 8.11 4.12 to the Rating Agencies. A copy of such Officer's Certificate and the report referred to in Section 4.12 may be obtained by any Certificateholder at its own expense Certificateholder, Certificate Owner, Noteholder or Note Owner by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Indenture Trustee will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01(a) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01b).

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner TrusteeTrust Collateral Agent, the Indenture Trustee Issuer, the Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2021, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b) The Servicer shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2003, an Officers' Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Securities to March 31, 2003), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.01. The Seller shall deliver to the Owner Trustee, the Indenture Trustee and to each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller 8.01(a)(ii) or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but ratings described in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.015.02(a)(ii)(A).

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2002 C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2002 B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2003-a Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2002, an Officers' Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Securities to March 31, 2002), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.01. The Seller shall deliver to the Owner Trustee, the Indenture Trustee and to each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller 8.01(a)(ii) or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but ratings described in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.015.02(a)(ii)(A).

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2002-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Ii 2001-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2001-B Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date2005, an Officers' Officer's Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such shorter period in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of first such Officer's Certificate) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, period or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate and the report referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense Certificateholder, Noteholder or Note Owner by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Indenture Trustee will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee. Notwithstanding the foregoing in this Section 4.10(a), the Servicer, in its sole discretion, may deliver, in lieu of the Officer's Certificate referred to above in this Section 4.10(a), the report on compliance with servicing criteria that would be required to be filed in respect of the Trust under the Exchange Act if periodic reports under Section 15(d) of the Exchange Act, or any successor provision thereto, were required to be filed in respect of the Trust. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01(a) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01b).

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2005-A), Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2004-B), Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2004-C)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and to each of the Insurerrating agencies requested by the Seller or an affiliate to provide a rating on the Class A Certificates or the Class B Certificates which is then rating the Class A Certificates or the Class B Certificates, as the case may be, on or before April 30 June 30th of each yearyear beginning June 30, beginning on the first April 30 that is at least six months after the Closing Date1998, an Officers' Officer's Certificate, dated as of December March 31 of such calendar year (or with respect to the preceding yearinitial certificate, from the initial issuance of Certificates hereunder to March 31, 1998), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this the Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this the Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer the Trustee and to each of the Owner Trusteerating agencies requested by the Seller or an affiliate to provide a rating on the Class A Certificates or the Class B Certificates which is then rating the Class A Certificates or the Class B Certificates, as the Indenture Trustee and the Insurercase may be, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any Event of Default or event which with the giving of notice or lapse of time, or both, would become an Event of Default under Section 10.01. The Seller shall deliver to the Trustee and to each of such rating agencies then rating such Certificates, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.0110.01 (a) or of any lowering of the rating described in clause (ii) of the fifth sentence of Section 5.02.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De), Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to each of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, on or before the earlier of (1) April 30 of each year, beginning year or (2) with respect to any calendar year during which the Issuing Entity's Annual Report on Form 10-K is required to be filed in accordance with the first April 30 that is at least six months after Exchange Act and the Closing Date, an Officers' Certificate, dated as of December 31 rules and regulations of the preceding yearCommission, stating that the date on which the Annual Report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission, a servicer compliance statement, signed by an authorized officer of the Servicer, as described in Item 1123 of Regulation AB, to the effect that: (i) a A review of the Servicer's activities of the Servicer during the preceding 12-month period ended December 31 (or in the case of the initial Officer's Certificatestatement, the period from the Closing Date to and including the date of such Officer's CertificateDecember 31) and of its performance under this Agreement has been made under such officer's supervision and supervision; and (ii) to 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 such year, the reporting period or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying each such default failure known to such officer and the nature and status thereof. (b) The Servicer shall use commercially reasonable efforts to obtain from all other parties participating in the servicing function any additional certifications required under Item 1123 of Regulation AB to the extent required to be included in the Issuing Entity's Annual Report on Form 10-K; provided, however, that a failure to obtain such certifications shall not be a breach of the Servicer's duties hereunder if any such party fails to deliver such a certification. (c) The Indenture Trustee shall send a copy of such certificate and the accountants' attestation referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report accountants' attestation referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Officeat its address in Section 10.03. (bd) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01(a) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01b).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2007-A), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Subservicer to) deliver to the Owner Depositor, KBNA, the Eligible Lender Trustee, the Indenture Owner Trustee and the InsurerIndenture Trustee, on or before April 30 March 15, 2007 and on or before March 15 each year thereafter (or, in each case, such earlier date required to permit timely filing of each yearthe Issuer’s Exchange Act filings, beginning on the first April 30 that is at least six months after the Closing Dateif any, in accordance with then-current Commission rules and regulations), an Officers' Certificate’ Certificate of the Administrator or Master Servicer (and each Subservicer) as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Subservicer on its behalf), as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 2006) and of its performance under this Agreement (or the related Subservicing Agreement, as applicable) has been made under such officer's officers’ supervision and (ii) to the best of such officer's officers’ knowledge, based on such review, the Administrator or the Master Servicer (or such Subservicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Subservicing Agreement), as applicable, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers’ Certificate and the each report referred to in Section 8.11 4.10 to the Rating Agencies. A copy of each such Officers’ Certificate and each report referred to in Section 4.10 may be obtained by any Certificateholder at its own expense Holder of Notes or Note Owner by a request in writing to the Owner Indenture Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Indenture Trustee that such Person is one of the foregoing parties. Upon the written request of the Owner Trustee or KBNA, the Indenture Trustee will promptly furnish the Owner Trustee or KBNA a list of Holders of Notes as of the date specified by the Owner Trustee or KBNA. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, the Depositor and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.01(a)(1), (2) or (5). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Owner Trustee, the Indenture Trustee, the Master Servicer, KBNA, the Depositor and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officers’ Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.01(b)(1), (2) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.014).

Appears in 2 contracts

Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (KeyCorp Student Loan Trust 2006-A)

Annual Statement as to Compliance; Notice of Default. (a1) The Servicer shall deliver to the Owner TrusteeTrust Collateral Agent, the Indenture Trustee Issuer, the Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2022, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b2) The Servicer shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerSurety Bond Issuer, on or before April 30 March 31 of each year, beginning on the first April 30 that is at least six months after the Closing DateMarch 31, 1998, an Officers' Officer's Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the such shorter period from the Closing Date to and including the date of initial issuance of the Certificates to December 31 of such Officer's Certificateyear) and of its performance under this the Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this the Agreement throughout such yearyear (or such shorter period, as the case may be), or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 13.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, Surety Bond Issuer promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (i) or (ii) of Section 14.0118. 1. The Seller or UAC Depositor shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, Surety Bond Issuer promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.0118.1.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Pooling and Servicing Agreement (Nationscredit Securitization Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Master Servicer and the Administrator shall deliver to the Owner TrusteeTransferor, the Indenture Eligible Lender Trustee and the InsurerIndenture Trustee, on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date1999, an Officers' CertificateOfficer's Certificate of the Master Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Master Servicer or the Administrator, as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 1998) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Master Servicer or the Administrator, as the case may be, has fulfilled in all material respects all its obligations under this Agreement and the Administration Agreement, respectively, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A The Eligible Lender Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 4.9 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.9 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is a Noteholder or Note Owner. Pursuant to the Indenture, upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Transferor and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.1(a). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.1(b) (l), (2) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.013).

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Crestar Bank /Va), Transfer and Servicing Agreement (Crestar Bank /Va)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee Trustee, the Standby Services, the Back-up Servicer, the Rating Agencies, and the Insurer, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 8.14 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, the Standby Servicer, the Back-up Servicer, the Rating Agencies, and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.0113.01. The Seller Transferor or UAC BVAC shall deliver to a TRUST AND SERVICING AGREEMENT Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, the Standby Servicer, the Back-up Servicer, the Rating Agencies, and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.0113.01.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Bay View Deposit CORP), Trust and Servicing Agreement (Bay View Transaction Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April June 30 of each year, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2001, an Officers' Certificate with respect to the prior twelve months ended on March 31 of such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Securities to March 31, 2001), stating that that (i1) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii2) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.01. The Seller shall deliver to the Owner Trustee, the Indenture Trustee and to each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller 8.01(a)(ii) or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but ratings described in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.015.02(a)(ii)(A).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp /De), Sale and Servicing Agreement (Nissan Auto Receivables 2000-C Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, on or before April 30 within 120 days after the end of each year, beginning on fiscal year of the first April 30 that is at least six months after Issuer (commencing with the Closing Datefiscal year 1998), an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the such shorter period from as shall have elapsed since the Closing Date to and including the date of such Officer's CertificateDate) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate and the report referred to in Section 4.11 to the Rating Agency. A copy of such certificate and the report referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Indenture Trustee will promptly furnish the Owner Trustee with a list of Noteholders as of the date specified by the Owner Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, the Backup Servicer and the InsurerRating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.018.01.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nal Financial Group Inc), Sale and Servicing Agreement (Nal Financial Group Inc)

Annual Statement as to Compliance; Notice of Default. (a) The To the extent required by Section 1123 of Regulation AB, the Servicer [or the Back-up Servicer] shall deliver to the Owner Issuer, the Trust Collateral Agent, the Indenture Trustee, the Indenture Trustee Back-up Servicer, [the Collateral Agent], the Transferor, the Issuer [and the Note Insurer], on or before April 30 March 31 of each yearyear beginning March 31, beginning on the first April 30 that is at least six months after the Closing Date20__, an Officers' Officer's Certificate, dated as of December 31 of the preceding calendar year, stating that (i) a review of the activities of the Servicer [or Back-up Servicer] during the such preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) calendar year and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer [or Back-up Servicer] has fulfilled in all material respects all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying identifying each such default failure known to such officer and the nature and status thereofof such failure. A The Trust Collateral Agent shall send a copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust OfficeRating Agencies. (b) The Servicer shall deliver to a Responsible Officer of the Owner Issuer, the Trust Collateral Agent, the Indenture Trustee, the Indenture Trustee Back-up Servicer, [the Collateral Agent], the Transferor, the Issuer, [the Note Insurer] and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 two (2) Business Days thereafterafter having obtained such knowledge, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an a Servicer Termination Event of Servicer Default under Section 14.01. 9.1. (c) The Seller or UAC shall Servicer will deliver to the Issuer, on or before March 31 of each year, beginning on March 31, 20__, a Responsible Officer report regarding the Servicer's assessment of compliance with Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Owner Trustee, the Indenture Trustee Exchange Act and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate Item 1122 of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Regulation AB.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing Date___, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to ___), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to each of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, on or before the earlier of (1) April 30 of each yearyear (commencing April 30, beginning 2009) or (2) with respect to any calendar year during which the Issuing Entity's Annual Report on Form 10-K is required to be filed in accordance with the first April 30 that is at least six months after Exchange Act and the Closing Date, an Officers' Certificate, dated as of December 31 rules and regulations of the preceding yearCommission, stating that the date on which the Annual Report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission, a servicer compliance statement, signed by an authorized officer of the Servicer, as described in Item 1123 of Regulation AB, to the effect that: (i) a A review of the Servicer's activities of the Servicer during the preceding 12-month period ended December 31 (or in the case of the initial Officer's Certificatestatement, the period from the Closing Date to and including the date of such Officer's CertificateDecember 31) and of its performance under this Agreement has been made under such officer's supervision and supervision; and (ii) to 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 such year, the reporting period or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying each such default failure known to such officer and the nature and status thereof. (b) The Servicer shall use commercially reasonable efforts to obtain from all other parties participating in the servicing function any additional certifications required under Item 1123 of Regulation AB to the extent required to be included in the Issuing Entity's Annual Report on Form 10-K; provided, however, that a failure to obtain such certifications shall not be a breach of the Servicer's duties hereunder if any such party fails to deliver such a certification. (c) The Indenture Trustee shall send a copy of such certificate and the accountants' attestation referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report accountants' attestation referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Officeat its address in Section 10.03. (bd) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01(a) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01b).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2008-A), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2004, an Officers' Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2004), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2003-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2004-a Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Eligible Lender Trustee, the Indenture Trustee and the InsurerSwap Counterparty (with a copy to the Seller), on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date2000, an Officers' CertificateCertificate of the Servicer, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 1999 or, as specified below, to September 30, 1999) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such yearyear (or in the case of the first such Officers' Certificate, such shorter period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof; provided, however, that, at the option of the Servicer, the Servicer may date the initial such Officers' Certificate as of September 30, 1999, and, in such case, shall deliver such Officer's Certificate on or before December 31, 1999 and thereafter shall deliver such Officer's Certificate, dated as of September 30 of each succeeding year, on or before December 31 of such year. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such certificate Officers' Certificate and the each report referred to in this Section 8.11 3.08 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, the Swap Counterparty and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Servicer of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 6.01 or UAC shall deliver would cause the Servicer to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Rating Agency Condition.

Appears in 2 contracts

Samples: Servicing Agreement (Usa Group Secondary Market Services Inc), Servicing Agreement (Usa Group Secondary Market Services Inc)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Eligible Lender Trustee, the Indenture Trustee and any Swap Counterparties (with a copy to the InsurerSeller), on or before April 30 [_________] of each year, year beginning on the first April 30 that is at least six months after the Closing Date[____________], an Officers' CertificateCertificate of the Servicer, dated as of December 31 [_________] of the preceding year, stating that that: (i) a review of the activities of the Servicer during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's Certificate[_________] or, as specified below, to [_________]) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such yearyear (or in the case of the first such Officers' Certificate, such shorter period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof; provided, however, that, at the option of the Servicer, the Servicer may date the initial such Officers' Certificate as of September 30, [______], and, in such case, shall deliver such Officer's Certificate on or before December 31, [______] and thereafter shall deliver such Officer's Certificate, dated as of September 30 of each succeeding year, on or before December 31 of such year. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such certificate Officers' Certificate and the each report referred to in this Section 8.11 3.08 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, any Swap Counterparties and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Servicer of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 6.01 or UAC shall deliver would cause the Servicer to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Rating Agency Condition.

Appears in 2 contracts

Samples: Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Servicing Agreement (Gs Mortgage Securities Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, the Indenture Trustee and the InsurerNoteholders, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2013, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 within 90 days after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2009, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2009), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of (i) the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice and (ii) each Rating Agency prompt written notice, in each case, in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of (i) the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice and (ii) each Rating Agency prompt written notice, in each case, in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause Section 8.01(a)(ii) or would result in any lowering of the ratings described in Section 5.02(a)(ii)(A). (iic) Except to the extent set forth in Section 4.09(b) of this Agreement and Section 14.015.01 of the Indenture, the Basic Documents do not require any policies or procedures to monitor any performance or other triggers and events of default.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2009-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2009-1 Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, on or before April 30 March 15 of each year, year beginning on the first April 30 that is at least six months after the Closing Datein 2000, an Officers' Officer's Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-12 month period (or in the case of the initial Officer's Certificate, the such shorter period from as shall have elapsed since the Closing Date to and including the date of such Officer's CertificateDate) and of its performance under this Agreement has been made under the supervision of the officers of the Servicer signing such officerOfficer's supervision Certificate and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate and the report referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense Noteholder, Note Owner or the Residual Interestholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Indenture Trustee shall promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which is or which with the giving of notice or lapse of time, or both, would become an Event of become, a Servicer Default under Section 14.01. The Seller 8.01(a) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01b).

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to each of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, on or before the earlier of (1) April 30 of each year, beginning year or (2) with respect to any calendar year during which the Issuing Entity's Annual Report on Form 10-K is required to be filed in accordance with the first April 30 that is at least six months after Exchange Act and the Closing Date, an Officers' Certificate, dated as of December 31 rules and regulations of the preceding yearCommission, stating that the date on which the Annual Report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission, a servicer compliance statement, signed by an authorized officer of the Servicer, as described in Item 1123 of Regulation AB, to the effect that: (i) a A review of the Servicer's activities of the Servicer during the preceding 12-month period ended December 31 (or in the case of the initial Officer's Certificatestatement, the period from the Closing Date to and including the date of such Officer's CertificateDecember 31) and of its performance under this Agreement has been made under such officer's supervision and supervision; and (ii) to 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 such year, the reporting period or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying each such default failure known to such officer and the nature and status thereof. (b) The Servicer shall use commercially reasonable efforts to obtain from all other parties participating in the servicing function any additional certifications required under Item 1123 of Regulation AB to the extent required to be included in the Issuing Entity’s Annual Report on Form 10-K; provided, however, that a failure to obtain such certifications shall not be a breach of the Servicer's duties hereunder if any such party fails to deliver such a certification. (c) The Indenture Trustee shall send a copy of such certificate and the accountants' attestation referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report accountants' attestation referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Officeat its address in Section 10.03. (bd) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01(a) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01b).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2006-A), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and to each of the Insurer, Rating Agencies on or before April 30 June 30th of each year, beginning on the first April 30 that is at least six months after the Closing DateJune 30, ______, an Officers' Officer's Certificate with respect to the prior twelve months ended on March 31 of such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of Certificates hereunder to March 31, ______), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer the Trustee and to each of the Owner Trustee, the Indenture Trustee and the Insurer, Rating Agencies promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any Event of Default or event which that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.0110.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 10.01(a)(ii) or of any lowering of the rating described in clause (ii) of Section 14.01the definition of "Monthly Remittance Condition".

Appears in 2 contracts

Samples: Pool and Servicing Agreement (Nissan Auto Receivables Corp Ii), Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 within 90 days after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2011, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2011), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice (in the form of an Officers' Certificate Officer’s Certificate) of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01 or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trusteeratings described in Section 5.02(a)(ii)(A). (c) Except to the extent set forth in Section 4.09(b) of this Agreement and Section 5.01 of the Indenture, the Indenture Trustee Basic Documents do not require any policies or procedures to monitor any performance or other triggers and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate events of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01default.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2010-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2010-a Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, on or before April 30 March 31 of each year, year beginning on the first April 30 that is at least six months after the Closing Datein 199_, an Officers' Officer's Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-12- month period (or in the case of the initial Officer's Certificate, the such shorter period from as shall have elapsed since the Closing Date to and including the date of such Officer's CertificateDate) and of its performance under this Agreement has been made under the supervision of the officers of the Servicer signing such officerOfficer's supervision Certificate and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate and the report referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report referred to in Section 8.11 4.11 may be obtained by any Noteholder, Note Owner, Certificateholder at its own expense or Certificate Owner by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Indenture Trustee shall promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01(a) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01b).

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each Rating Agency, within 90 days after the Insurer, on or before April 30 end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2012, an Officers' Officer’s Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2012), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice (in the form of an Officers' Certificate Officer’s Certificate) of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01 or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trusteeratings described in Section 5.02(a)(ii)(A). (c) Except to the extent set forth in Section 4.09(b) of this Agreement and Section 5.01 of the Indenture, the Indenture Trustee Basic Documents do not require any policies or procedures to monitor any performance or other triggers and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate events of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01default.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2011-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2011-B Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each Rating Agency, within 90 days after the Insurer, on or before April 30 end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2012, an Officers' Officer’s Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2012), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice (in the form of an Officers' Certificate Officer’s Certificate) of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller or UAC shall deliver 8.01. (c) Except to a Responsible Officer the extent set forth in Section 4.09(b) of this Agreement and Section 5.01 of the Owner TrusteeIndenture, the Indenture Trustee Basic Documents do not require any policies or procedures to monitor any performance or other triggers and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate events of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01default.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2012-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2012-a Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2006, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2006), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2005-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2005-C Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2005, an Officers' Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2005), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2004-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2005-a Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 within 90 days after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30. 2012, an Officers' Officer’s Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31,2012), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice (in the form of an Officers' Certificate Officer’s Certificate) of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01 or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trusteeratings described in Section 5.02(a)(ii)(A). (c) Except to the extent set forth in Section 4.09(b) of this Agreement and Section 5.01 of the Indenture, the Indenture Trustee Basic Documents do not require any policies or procedures to monitor any performance or other triggers and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate events of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01default.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2011-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2011-a Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date200__, an Officers' Officer's Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such shorter period in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of first such Officer's Certificate) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, period or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate and the report referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense Certificateholder, Noteholder or Note Owner by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Indenture Trustee will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee. Notwithstanding the foregoing in this Section 4.10(a), the Servicer, in its sole discretion, may deliver, in lieu of the Officer's Certificate referred to above in this Section 4.10(a), the report on compliance with servicing criteria that would be required to be filed in respect of the Trust under the Exchange Act if periodic reports under Section 15(d) of the Exchange Act, or any successor provision thereto, were required to be filed in respect of the Trust. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.01(a) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01b).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Daimlerchrysler Services North America LLC), Sale and Servicing Agreement (DaimlerChrysler Financial Services Americas LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Servicer and the Administrator shall deliver to the Owner Seller, the Eligible Lender Trustee, the Indenture Trustee and the InsurerIndenture Trustee, on or before April March 30 of each yearyear beginning March 30, beginning on the first April 30 that is at least six months after the Closing Date2000, an Officers' CertificateCertificate of the Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer or the Administrator, as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 1999) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer or the Administrator, as the case may be, has fulfilled all its obligations under this Agreement, or under this Agreement and the Administration Agreement, respectively, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 4.10 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.10 may be obtained by any Certificateholder at its own expense holder of Certificates, Certificate Owner, holder of Notes or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of holders of Notes as of the date specified by the Eligible Lender Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of such Servicer of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default with respect to such Servicer under Section 8.01(a)(1) or (2). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Servicer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officers' Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.01(b)(1) or UAC shall deliver (2) or would cause Key Bank USA, National Association, to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Rating Agency Condition pursuant to Section 14.015.02(iii).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Key Bank Usa National Association), Sale and Servicing Agreement (Key Bank Usa National Association)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Eligible Lender Trustee, the Indenture Trustee and any Swap Counterparties (with a copy to the InsurerSeller), on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date2001, an Officers' CertificateCertificate of the Servicer, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 2000 or, as specified below, to September 30, 2000) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such yearyear (or in the case of the first such Officers' Certificate, such shorter period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof; provided, however, that, at the option of the Servicer, the Servicer may date the initial such Officers' Certificate as of September 30, 2000, and, in such case, shall deliver such Officer's Certificate on or before December 31, 2000 and thereafter shall deliver such Officer's Certificate, dated as of September 30 of each succeeding year, on or before December 31 of such year. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such certificate Officers' Certificate and the each report referred to in this Section 8.11 3.08 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, any Swap Counterparties and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Servicer of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 6.01 or UAC shall deliver would cause the Servicer to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Rating Agency Condition.

Appears in 2 contracts

Samples: Servicing Agreement (SMS Student Loan Trust 2000-A), Servicing Agreement (SMS Student Loan Trust 2000-B)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Insurer, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report Report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller Depositor or UAC the Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp), Pooling and Servicing Agreement (Bay View Securitization Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Master Servicer and the Administrator shall deliver to the Owner TrusteeDepositor, the Indenture Eligible Lender Trustee and the InsurerIndenture Trustee, on or before April 30 of each year with respect to each Series of Notes issued prior to July 1 of the preceding year, beginning on an Officer's Certificate of the first April 30 that is at least six months after Master Servicer and the Closing DateAdministrator, an Officers' Certificateas the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Master Servicer or the Administrator, as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate with respect to a Series, during the period from the Closing Date to and including the date end of such Officer's CertificateDecember) and of its performance under this each Transfer and Servicing Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Master Servicer or the Administrator, as the case may be, has fulfilled in all material respects all its obligations under this the Transfer and Servicing Agreement throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A The Eligible Lender Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 5.9 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 5.9 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is a Noteholder or Note Owner. Pursuant to the Indenture, upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Transferor and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 10.1(a). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.0110.1(b).

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Crestar Securitization LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee Trustee, and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Issuer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2008, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2008), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, on or before April 30 _________ of each year, year beginning on the first April 30 that is at least six months after the Closing Date________ [ ], 200_, an Officers' Officer's Certificate, dated as of December 31 ___________ [ ] of the preceding year, stating that (i) a SALE AND SERVICING AGREEMENT review of the activities of the Servicer during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such report, during the period from the Closing Date to and including the date of such Officer's Certificate____________ [ ], 200_) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such year, year or, if there has been a exists any uncured default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to Indenture Trustee addressed to the Corporate Trust Office. Upon the written request of Owner Trustee, Indenture Trustee will promptly furnish Owner Trustee a list of Noteholders as of the date specified by Owner Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which constitutes, or with the giving of notice or lapse of time, or both, would become an a Servicer Termination Event of Servicer Default under Section 14.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.018.1.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bond Securitization LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, Eligible Lender Trustee and the Indenture Trustee and (with a copy to the InsurerDepositor), on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date1999, an Officers' CertificateCertificate of the Servicer, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's Certificate) December 31, 1999 and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such yearyear (or in the case of the first such Officer's Certificate, such shorter period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in this Section 8.11 3.8 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.8 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Noteholders as of the date specified by the Trustee. (ba) The Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Trustee, the Indenture Trustee Trustee, the Depositor and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Servicer of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 6.1 or UAC shall deliver would cause the Servicer to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Rating Agency Condition.

Appears in 1 contract

Samples: Servicing Agreement (Efg Funding Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Issuer, the Trust Collateral Agent, the Indenture Trustee, the Indenture Trustee Back-up Servicer, the Collateral Agent, the Transferor, the Issuer, the Demand Note Provider and the Note Insurer, on or before April 30 March 31 of each yearyear beginning March 31, beginning on the first April 30 that is at least six months after the Closing Date2007, an Officers' Officer's Certificate, dated as of December 31 of the preceding calendar year, stating that (i) a review of the activities of the Servicer during the such preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) calendar year and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled in all material respects all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying identifying each such default failure known to such officer and the nature and status thereofof such failure. A The Trust Collateral Agent shall send a copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust OfficeRating Agencies. (b) The Servicer shall deliver to a Responsible Officer of the Owner Issuer, the Trust Collateral Agent, the Indenture Trustee, the Indenture Trustee Back-up Servicer, the Collateral Agent, the Transferor, the Demand Note Provider, the Note Insurer and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 two (2) Business Days thereafterafter having obtained such knowledge, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an a Servicer Termination Event of Servicer Default under Section 14.01. 9.1. (c) The Seller or UAC shall Servicer will deliver to the Issuer, on or before March 31 of each year beginning on March 31, 2007, a Responsible Officer report regarding the Servicer's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Owner TrusteeExchange Act and Item 1122 of Regulation AB. (d) Except as otherwise set forth herein, none of the Trust Collateral Agent or the Back-up Servicer or the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of shall have any event which with the giving of notice obligation to prepare or lapse of time, file any reports or both, would become an Event of Servicer Default certificates required under clause (ii) of Section 14.01Regulation AB.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee Trustee, the Swap Counterparty and each of the InsurerRating Agencies, on or before April 30 within 90 days after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2009, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2009), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of (i) the Owner Trustee, the Indenture Trustee and the InsurerSwap Counterparty, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice and (ii) each Rating Agency prompt written notice, in each case, in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of (i) the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice and (ii) each Rating Agency prompt written notice, in each case, in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause Section 8.01(a)(ii) or would result in any lowering of the ratings described in Section 5.02(a)(ii)(A). (iic) Except to the extent set forth in Section 4.09(b) of this Agreement and Section 14.015.01 of the Indenture, the Basic Documents do not require any policies or procedures to monitor any performance or other triggers and events of default.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2008-C Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee Trustee, the Cap Provider and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2005, an Officers' Certificate with respect to the prior fiscal year of the Servicer ended such (Nissan 2004-C Sale and Servicing Agreement) calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2005), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, the Cap Provider and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2004-C Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Master Servicer and the Administrator shall deliver to the Owner TrusteeTransferor, the Indenture Eligible Lender Trustee and the InsurerIndenture Trustee, on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date1998, an Officers' CertificateOfficer's Certificate of the Master Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Master Servicer or the Administrator, as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 1997) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Master Servicer or the Administrator, as the case may be, has fulfilled in all material respects all its obligations under this Agreement and the Administration Agreement, respectively, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A The Eligible Lender Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 4.9 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.9 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is a Noteholder. Pursuant to the Indenture, upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Transferor and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.1(a). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.1(b)(1), (2) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.013).

Appears in 1 contract

Samples: Transfer and Servicing Agreement (PNC Student Loan Trust I)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Issuer, beginning on the first April 30 that is at least six months after the Closing Date___, 200_, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to ___, 200_), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Indenture Trustee and Servicer shall deliver deliver, and the Servicer shall cause each Additional Servicer engaged by it to deliver, in electronic form, to the Seller, the Owner Trustee, the Indenture Trustee and the Insurer, each Rating Agency on or before April 30 March 5th of each year, beginning on or if such day is not a Business Day the first April 30 that is at least six months after next Business Day (with a ten calendar day cure period, but in no event later than March 15th), followed by a hard copy within ten calendar days, commencing March 20__, a certificate in the Closing Dateform required by Item 1123 of Regulation AB, an Officers' Certificate, dated as of December 31 of to the preceding year, stating effect that (i) an authorized officer of the Indenture Trustee, Servicer or Additional Servicer, as the case may be, has reviewed (or a review of the has been made under his or her supervision of) such party's activities of the Servicer during the preceding 12-month period (under this Agreement, or such other applicable agreement in the case of an Additional Servicer, during the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision prior calendar year or a portion thereof and (ii) to the best of such officer's knowledge, based on such review, the Servicer such party has fulfilled all of its obligations under this Agreement Agreement, or such other applicable agreement in the case of an Additional Servicer, in all material respects throughout such year, the prior calendar year or portion thereof or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying each such default failure known to such officer and the nature and status thereof. Promptly after receipt of such certificate, the Seller shall review such certificate and, if applicable, consult with the Servicer, the Owner Trustee and Indenture Trustee as to the nature of any failure to fulfill any obligation under the Agreement, or such other applicable agreement in the case of an Additional Servicer, in any material respect. A copy of each such certificate and the report reports referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to Indenture Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer . Upon the written request of the Owner Trustee, the Indenture Trustee and the Insurer, will promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate furnish Owner Trustee a list of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller or UAC shall deliver to a Responsible Officer Noteholders as of the date specified by Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bas Securitization LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerSurety Bond Issuer, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report Report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerSurety Bond Issuer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller Depositor or UAC the Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerSurety Bond Issuer, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner TrusteeTrust Collateral Agent, the Indenture Trustee Issuer, the Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2023, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b) The Servicer shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Indenture Trustee Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2015, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b) The Servicer shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Sub-Servicer to) deliver to the Owner Depositor, KBUSA, the Eligible Lender Trustee, the Indenture Trustee Securities Insurer, the Swap Counterparty, and the InsurerIndenture Trustee, on or before April 30 March 31 of each yearyear beginning March 31, beginning on the first April 30 that is at least six months after the Closing Date2003, an Officers' CertificateCertificate of the Administrator or Master Servicer (and each Sub-Servicer) as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Sub-Servicer on its behalf), as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 2002) and of its performance under this Agreement (or the related Sub-Servicing Agreement, as applicable) has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Administrator or the Master Servicer (or such Sub-Servicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Sub-Servicing Agreement), as applicable, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 4.10 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.10 may be obtained by any Certificateholder at its own expense holder of Notes or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of holders of Notes as of the date specified by the Eligible Lender Trustee. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Depositor, the Securities Insurer, the Swap Counterparty and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.01(a)(1) or (2). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicer, KBUSA, the Depositor, the Securities Insurer, the Swap Counterparty and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officers' Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.01(b)(1) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.012).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Keycorp Student Loan Trust 2002-A)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee Trustee, the Swap Counterparty and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Issuer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2007, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to March 31, 2007), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, the Swap Counterparty and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Insurer, on or before April 30 January 31 of each yearyear beginning January 31, beginning on the first April 30 that is at least six months after the Closing Date1998, an Officers' Officer's Certificate, dated as of December 31 September 30 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificatefirst such certificate, the period from the Closing Date to and including the date of such Officer's CertificateSeptember 30, 1997) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearyear (or period. as applicable), or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Trustee shall send a copy of such certificate and the report referred to in Section 4.11 to the Rating Agency and Greenwich Capital Markets, Inc. A copy of such certificate and the report referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Greenwich Capital Markets, Inc. and the InsurerRating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (a), (b) or, so long as Asta Funding is Servicer, clause (d) or (e) of Section 14.019. 1. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Greenwich Capital Markets, Inc. and the InsurerRating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (iib) of Section 14.019.1.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asta Funding Inc)

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Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Indenture Trustee (without duplication), the Owner Trustee, the Indenture Trustee Back-up Servicer, the Rating Agencies and the InsurerNoteholders, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date30, 2007, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's CertificateCertificate for any Servicer, the period from the Closing Date or the date it became Servicer to and including the date of such Officer's Certificatepreceding December 31) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of to, without duplication, the Owner Trustee, the Indenture Trustee Trustee, the Back-up Servicer and the InsurerRating Agencies, promptly after having obtained actual knowledge thereof, but in no event later than 5 2 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default (if BVAC is the Servicer) under Section 14.0114.01 or a Back-up Servicer Default (if the Back-up Servicer is the Servicer) under Section 14.02. The Seller or UAC Transferor shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, the Back-up Servicer and the InsurerRating Agencies, promptly after having obtained actual knowledge thereof, but in no event later than 5 2 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01. The Indenture Trustee shall forward a copy of each Officer's Certificate so received to each Noteholder.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Bay View Deposit CORP)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, the Swap Counterparty, the Indenture Trustee Trustee, the Class A Insurer and the InsurerClass A Noteholders, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2008, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Class A Insurer, the Swap Counterparty, the Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trust Collateral Agent, the Indenture Trustee, the Indenture Trustee Class A Insurer, the Swap Counterparty, the Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Class A Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Acceptance Corporation)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, on or before April 30 15 of each year, year beginning on the first April 30 that is at least six months after the Closing Datein 2005, an Officers' Officer’s Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-12 month period (or in the case of the initial Officer's Certificate, the such shorter period from as shall have elapsed since the Closing Date to and including the date of such Officer's Certificateor if a successor Servicer, since assumption) and of its performance under this Agreement has been made under the supervision of the officers of the Servicer signing such officer's supervision Officer’s Certificate and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, year (or such shorter period as shall have elapsed since the Closing Date) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate and the report referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense Noteholder, Note Owner or the Residual Interestholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon written request of the Owner Trustee, the Indenture Trustee shall promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which is or which with the giving of notice or lapse of time, or both, would become an Event of become, a Servicer Default under Section 14.01. The Seller 8.01(a), (b) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01d).

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Depositor, the Eligible Lender Trustee, the Indenture Trustee and any Swap Counterparties (with a copy to the InsurerSeller), on or before April 30 of each yearyear beginning [o], beginning on the first April 30 that is at least six months after the Closing Date2002, an Officers' CertificateCertificate of the Servicer, dated as of [December 31 of the preceding year], stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's Certificate) [December 31, 2001] and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such yearyear (or in the case of the first such Officers' Certificate, such shorter period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in this Section 8.11 3.08 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.08 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Depositor, Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, any Swap Counterparties and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Servicer of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 6.01 or UAC shall deliver would cause the Servicer to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Rating Agency Condition.

Appears in 1 contract

Samples: Servicing Agreement (Wells Fargo Student Loans Receivables I LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer OAC shall deliver to the Owner Trusteeeach Noteholder, the Indenture Trustee Rating Agency and the InsurerTrustee, on or before April 30 March 31 of each calendar year, beginning on the first April 30 that is at least six months after the Closing Datein March 31, 2002, an Officers' Certificate, dated as Officer's Certificate executed by the chief financial officer of December 31 of the preceding yearOAC, stating that (i) a review of the activities of the Servicer Issuer and OAC during the preceding 12-month period ended September 30 (or or, in the case of the initial Officer's Certificatefirst such statement, the period from the Closing Date to and including the date of such Officer's Certificatethrough September 30, 2001) and of its performance under this Indenture and the Receivables Contribution Agreement has been made under such officerthe supervision of the officer executing the Officer's supervision Certificate, and (ii) to each of the best of such officer's knowledge, based on such review, the Servicer Issuer and OAC has fulfilled all its obligations under this Indenture and the Receivables Contribution Agreement in all material respects throughout such year, period or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer Verification Agent shall deliver to the Noteholders, the Trustee and the Issuer promptly after a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having has obtained actual knowledge thereof, but in no event later than 5 three Business Days thereafter, written notice in an Officers' Certificate specifying the nature and status of any event which with the giving Event of notice or lapse of timeDefault, or bothother occurrence which would have a material adverse effect on the rights or interests of the Noteholders. (c) OAC shall, would become an Event on or before the last Business Day of Servicer Default under Section 14.01. The Seller or UAC shall the fifth month following the end of OAC's fiscal year (September 30) beginning in 2001, deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate Interested Noteholders a copy of the results of any event which with Uniform Single Attestation Program for Mortgage Bankers or similar review conducted on OAC by its accountants and such other reports as OAC may prepare relating to its servicing functions as the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01REMIC Servicer.

Appears in 1 contract

Samples: Indenture (Oakwood Homes Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Sub-Servicer to) deliver to the Owner TrusteeSeller, the Indenture Eligible Lender Trustee and the InsurerIndenture Trustee, on or before April March 30 of each yearyear beginning March 30, beginning on the first April 30 that is at least six months after the Closing Date2000, an Officers' CertificateCertificate of the Administrator or Master Servicer (and each Sub-Servicer) as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Sub-Servicer on its behalf), as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 1999) and of its performance under this Agreement (or the related Sub-Servicing Agreement, as applicable) has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Administrator or the Master Servicer (or such Sub-Servicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Sub-Servicing Agreement), as applicable, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 4.10 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.10 may be obtained by any Certificateholder at its own expense holder of Certificates, Certificate Owner, holder of Notes or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of holders of Notes as of the date specified by the Eligible Lender Trustee. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.01(a)(1) or (2) or would cause Key Bank USA, National Association, to fail to meet any Rating Agency Condition pursuant to Section 5.02(iii). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officers' Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.01(b)(1) or UAC shall deliver (2) or would cause Key Bank USA, National Association, to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Rating Agency Condition pursuant to Section 14.015.02(iii).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Key Bank Usa National Association)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Insurer, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under under Section 14.0113.01. The Seller or UAC United Fidelity shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.0113.01.

Appears in 1 contract

Samples: Trust and Servicing Agreement (United Fidelity Finance LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Insurer, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller Depositor or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01.in

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Uacsc 1999 a Auto Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerSurety Bond Issuer, on or before April 30 March 31 of each year, beginning on the first April 30 that is at least six months after the Closing DateMarch 31, 1998, an Officers' Officer's Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the such shorter period from the Closing Date to and including the date of initial issuance of the Certificates to December 31 of such Officer's Certificateyear) and of its performance under this the Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this the Agreement throughout such yearyear (or such shorter period, as the case may be), or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 13.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Rating Agencies and the Insurer, Surety Bond Issuer promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (i) or (ii) of Section 14.0118. 1. The Seller or UAC Depositor shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, Surety Bond Issuer promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.0118.1.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee [, the [Swap Counterparty][Cap Provider]] and each of the InsurerRating Agencies, on or before April 30 within 90 days after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing Date[ ], an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to [ ]), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of (i) the Owner Trustee, the Indenture Trustee [and the Insurer[Swap Counterparty][Cap Provider]], promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice and (ii) each Rating Agency prompt written notice, in each case, in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of (i) the Owner Trustee, the Indenture Trustee and the InsurerIndenture Trustee, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice and (ii) each Rating Agency prompt written notice, in each case, in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause Section 8.01(a)(ii) or would result in any lowering of the ratings described in Section 5.02(a)(ii)(A). (iic) Except to the extent set forth in Section 4.09(b) of this Agreement and Section 14.015.01 of the Indenture, the Basic Documents do not require any policies or procedures to monitor any performance or other triggers and events of default.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Subordinate Note Insurer and the InsurerSwap Counterparty (with a copy to the Seller), on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date1998, an Officers' CertificateCertificate of the Servicer, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 1998 or, as specified below, to September 30, 1998) and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such yearyear (or in the case of the first such Officers' Certificate, such shorter period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof; provided, however, that, at the option of the Servicer, the Servicer may date the initial such Officers' Certificate as of September 30, 1998, and, in such case, shall deliver such Officer's Certificate on or before December 31, 1998 and thereafter shall deliver such Officer's Certificate, dated as of September 30 of each succeeding year, on or before December 31 of such year. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such certificate Officers' Certificate and the each report referred to in this Section 8.11 3.08 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, the Subordinate Note Insurer, the Swap Counterparty and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Servicer of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 6.01 or UAC shall deliver would cause the Servicer to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Rating Agency Condition.

Appears in 1 contract

Samples: Servicing Agreement (Usa Group Secondary Market Services Inc)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Sub-Servicer to) deliver to the Owner Depositor, KBUSA, the Eligible Lender Trustee, the Indenture Trustee Securities Insurer, the Swap Counterparty, and the InsurerIndenture Trustee, on or before April 30 of March 15, 2004 and on or before March 1, 2005 and each year, beginning on the first April 30 that is at least six months after the Closing Dateyear thereafter, an Officers' Certificate’ Certificate of the Administrator or Master Servicer (and each Sub-Servicer) as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Sub-Servicer on its behalf), as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 2003) and of its performance under this Agreement (or the related Sub-Servicing Agreement, as applicable) has been made under such officer's officers’ supervision and (ii) to the best of such officer's officers’ knowledge, based on such review, the Administrator or the Master Servicer (or such Sub-Servicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Sub-Servicing Agreement), as applicable, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers’ Certificate and the each report referred to in Section 8.11 4.10 to the Rating Agencies. A copy of each such Officers’ Certificate and each report referred to in Section 4.10 may be obtained by any Certificateholder at its own expense holder of Notes or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of holders of Notes as of the date specified by the Eligible Lender Trustee. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Depositor, the Securities Insurer, the Swap Counterparty and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.01(a)(1) or (2). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicer, KBUSA, the Depositor, the Securities Insurer, the Swap Counterparty and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officers’ Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.01(b)(1) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.012).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Keycorp Student Loan Trust 2003-A)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee Trustee[, the Swap Counterparty] and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Issuer, beginning on the first April 30 that is at least six months after the Closing Date, 200_, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to , 200_), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee[, the Swap Counterparty] and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause Section (iiNissan Sale and Servicing Agreement) 8.01 (a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Sub-Servicer to) deliver to the Owner Seller, the Eligible Lender Trustee, the Indenture Trustee Securities Insurer, the Swap Counterparty, and the InsurerIndenture Trustee, on or before April 30 March 31 of each yearyear beginning March 31, beginning on the first April 30 that is at least six months after the Closing Date2001, an Officers' Certificate’ Certificate of the Administrator or Master Servicer (and each Sub-Servicer) as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Sub-Servicer on its behalf), as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 2000) and of its performance under this Agreement (or the related Sub-Servicing Agreement, as applicable) has been made under such officer's officers’ supervision and (ii) to the best of such officer's officers’ knowledge, based on such review, the Administrator or the Master Servicer (or such Sub-Servicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Sub-Servicing Agreement), as applicable, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers’ Certificate and the each report referred to in Section 8.11 4.10 to the Rating Agencies. A copy of each such Officers’ Certificate and each report referred to in Section 4.10 may be obtained by any Certificateholder at its own expense holder of Notes or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of holders of Notes as of the date specified by the Eligible Lender Trustee. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, the Securities Insurer, the Swap Counterparty and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.01(a)(1) or (2) or would cause Key Bank USA, National Association, to fail to meet the definition of an Eligible Institution. (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicer, the Securities Insurer, the Swap Counterparty and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officers’ Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.01(b)(1) or UAC shall deliver (2) or would cause Key Bank USA, National Association, to a Responsible Officer fail to meet the definition of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Eligible Institution.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Keycorp Student Loan Trust 2000-A)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateMarch 31, 2007, an Officers' ’ Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to December 31, 2006), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2006-a Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Letter of Credit Provider, the Indenture Trustee Administrator, the Indenture Trustee, and the InsurerIndenture Administrator, on or before April November 30 of each yearyear beginning November 30, beginning on the first April 30 that is at least six months after the Closing Date2006, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearSeptember 30, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of or, for the initial Officer's Certificatereport, the for such longer period or shorter period as shall have elapsed from the Closing Date to and including the date of such Officer's Certificateissuance of the Notes) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Indenture Administrator shall send a copy of such certificate and the report referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report referred to in Section 8.11 4.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust OfficeOffice or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office or the Indenture Administrator. Upon the telephone request of the Owner Trustee, the Indenture Administrator will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee. Each Noteholder, by its acceptance of a Note, shall be deemed to agree that the Indenture Administrator shall be under no liability for providing the list of Noteholders to the Owner Trustee as described in the immediately preceding sentence. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, Indenture Administrator, the Letter of Credit Provider and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 8.1(a) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01b).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Franklin Auto Trust 2005-1)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Indenture Trustee (without duplication), the Owner Trustee, the Indenture Trustee Back-up Servicer, the Rating Agencies, the Insurer and the InsurerNoteholders, on or before April March 30 of each year, beginning on the first April 30 that is at least six months after the Closing DateMarch 30, 2006, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate’s Certificate for any Servicer, the period from the Closing Date or the date it became Servicer to and including the date of such Officer's Certificatepreceding December 31) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of to, without duplication, the Owner Trustee, the Indenture Trustee Trustee, the Back-up Servicer, the Rating Agencies and the Insurer, promptly after having obtained actual knowledge thereof, but in no event later than 5 2 Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default (if BVAC is the Servicer) under Section 14.0114.01 or a Back-up Servicer Default (if the Back-up Servicer is the Servicer) under Section 14.02. The Seller or UAC Transferor shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, the Back-up Servicer, the Rating Agencies, and the Insurer, promptly after having obtained actual knowledge thereof, but in no event later than 5 2 Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01. The Indenture Trustee shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Bay View Deposit CORP)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Master Servicer and the Administrator shall deliver to the Owner TrusteeSeller, the Indenture Eligible Lender Trustee and the InsurerIndenture Trustee, on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date1997, an Officers' CertificateOfficer's Certificate of the Master Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Master Servicer or the Administrator, as the case may be, during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement, the Sale and Servicing Agreement and any other Supplemental Sale and Servicing Agreements has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Master Servicer or the Administrator, as the case may be, has fulfilled all its obligations under this Agreement such Agreements, or under such Agreements and the Administration Agreement, respectively, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A Pursuant to the Indenture, the Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 4.9 to the Rating Agencies, and the Eligible Lender Trustee shall send a copy of each such Officers' Certificate and each such report to the Surety Provider. A copy of each such Officers' Certificate and each report referred to in Section 4.9 may be obtained by any Certificateholder at its own expense Certificateholder, Certificate Owner, Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office. (b) The Servicer shall deliver , together with evidence satisfactory to a Responsible Officer the Eligible Lender Trustee that such Person is one of the Owner foregoing parties. Pursuant to the Indenture, upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee and will promptly furnish the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate Eligible Lender Trustee a list of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller or UAC shall deliver to a Responsible Officer Noteholders as of the Owner date specified by the Eligible Lender Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Classnotes Trust 1995-1 Asset Backed Ser 1996-2)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and to each of the Insurer, Rating Agencies on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on [________________, ______], with respect to the first April 30 that is at least six months after prior fiscal year (or with respect to the Closing Date, an Officers' initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of Certificates hereunder to [__________________], ______), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer the Trustee and to each of the Owner Trustee, the Indenture Trustee and the Insurer, Rating Agencies promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any Event of Default or event which that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.0110.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 10.01(a)(ii) or of any lowering of the rating described in clause (ii) of Section 14.01the definition of "Monthly Remittance Condition".

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April June 30 of each year, beginning on the first April 30 that is at least six months after the Closing DateJune 30, _____, an Officers' Certificate with respect to the prior twelve months ended on March 31 of such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Securities to March 31, ______), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such 32 37 obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (ba) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.01. The Seller shall deliver to the Owner Trustee, the Indenture Trustee and to each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller 8.01(a)(ii) or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but ratings described in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Indenture Trustee (without duplication), the Owner Trustee, the Indenture Trustee Back-up Servicer, the Rating Agencies and the InsurerNoteholders, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date30, 2006, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's CertificateCertificate for any Servicer, the period from the Closing Date or the date it became Servicer to and including the date of such Officer's Certificatepreceding December 31) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of to, without duplication, the Owner Trustee, the Indenture Trustee Trustee, the Back-up Servicer and the InsurerRating Agencies, promptly after having obtained actual knowledge thereof, but in no event later than 5 2 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default (if BVAC is the Servicer) under Section 14.0114.01 or a Back-up Servicer Default (if the Back-up Servicer is the Servicer) under Section 14.02. The Seller or UAC Transferor shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee, the Back-up Servicer and the InsurerRating Agencies, promptly after having obtained actual knowledge thereof, but in no event later than 5 2 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01. The Indenture Trustee shall forward a copy of each Officer's Certificate so received to each Noteholder.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Bay View Deposit CORP)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Master Servicer and the Administrator shall deliver to the Owner TrusteeSeller, the Indenture Eligible Lender Trustee and the InsurerIndenture Trustee, on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date1998, an Officers' CertificateOfficer's Certificate of the Master Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Master Servicer or the Administrator, as the case may be, during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement, the Sale and Servicing Agreement and any other Supplemental Sale and Servicing Agreements has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Master Servicer or the Administrator, as the case may be, has fulfilled all its obligations under this Agreement such Agreements, or under such Agreements and the Administration Agreement, respectively, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A Pursuant to the Indenture, the Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 4.9 to the Rating Agencies, and the Eligible Lender Trustee shall send a copy of each such Officers' Certificate and each such report to the Surety Provider. A copy of each such Officers' Certificate and each report referred to in Section 4.9 may be obtained by any Certificateholder at its own expense Certificateholder, Certificate Owner, Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Pursuant to the Indenture, upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, the Surety Provider and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.1(a). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicer, the Surety Provider and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.1(b)(1), (2) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.013).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Transworld Insurance Co)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer Each of the Master Servicers and the Administrator shall deliver to the Owner TrusteeSellers, the Indenture Eligible Lender Trustee and the InsurerIndenture Trustee, on or before April 30 of each yearyear beginning April 30, beginning on the first April 30 that is at least six months after the Closing Date1997, an Officers' CertificateOfficer's Certificate of such Master Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of such Master Servicer or the Servicer Administrator, as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, 1997) and of its performance under this Agreement and any other Supplemental Sale and Servicing Agreements has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, such Master Servicer or the Servicer Administrator, as the case may be, has fulfilled all its obligations under this Agreement such Agreements, or under such Agreements and the Administration Agreement, respectively, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A Pursuant to the Indenture, the Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 4.9 to the Rating Agencies, and the Eligible Lender Trustee shall send a copy of each such Officers' Certificate and each such report to the Surety Provider. A copy of each such Officers' Certificate and each report referred to in Section 4.9 may be obtained by any Certificateholder at its own expense Certificateholder, Certificate Owner, Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Pursuant to the Indenture, upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Each Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Sellers, the Surety Provider and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of such Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.1(a). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicers, the Surety Provider and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.1(b)(1), (2) or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.013).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Classnotes Inc)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Insurer, on or before April 30 of each year, beginning on the first April 30 that is at least six months after the Closing Date, an Officers' Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller or UAC BVAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Bay View Securitization Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2004, an Officers' Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Securities to March 31, 2004), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.01. The Seller shall deliver to the Owner Trustee, the Indenture Trustee and to each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller 8.01(a)(ii) or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but ratings described in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2003-B Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Sub-Servicer to) deliver to the Owner TrusteeSeller, the Indenture Eligible Lender Trustee and the InsurerIndenture Trustee, on or before April 30 __________ of each yearyear beginning __________, beginning on the first April 30 that is at least six months after the Closing Date____, an Officers' CertificateCertificate of the Administrator or Master Servicer (and each Sub-Servicer) as the case may be, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Sub-Servicer on its behalf), as the case may be, during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's CertificateDecember 31, ____) and of its performance under this Agreement (or the related Sub-Servicing Agreement, as applicable) has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Administrator or the Master Servicer (or such Sub-Servicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Sub-Servicing Agreement), as applicable, throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in Section 8.11 4.10 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.10 may be obtained by any Certificateholder at its own expense holder of Certificates, Certificate Owner, holder of Notes or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of holders of Notes as of the date specified by the Eligible Lender Trustee. (b) The Master Servicer shall deliver to a Responsible Officer of the Owner Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller, and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Master Servicer of any event which with the giving of notice or lapse of time, or both, would become a Master Servicer Default under Section 8.01(a)(1) or (2) or would cause Mellon Bank, N.A., to fail to meet any Rating Agency Condition pursuant to Section 5.02(iii). (c) The Administrator shall deliver to the Eligible Lender Trustee, the Indenture Trustee, the Master Servicer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officers' Certificate of the Administrator of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Administrator Default under Section 14.01. The Seller 8.01(b)(1) or UAC shall deliver (2) or would cause Mellon Bank, N.A., to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Rating Agency Condition pursuant to Section 14.015.02(iii).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Mellon Bank N A)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on [________, ____], with respect to the first April 30 that is at least six months after prior fiscal year (or with respect to the Closing Date, an Officers' initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Securities to [_________, _____]), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.01. The Seller shall deliver to the Owner Trustee, the Indenture Trustee and to each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller 8.01(a)(ii) or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but ratings described in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner TrusteeDepositor, the Eligible Lender Trustee and the Indenture Trustee and (with a copy to the InsurerSeller), on or before April 30 March 31 of each year, year beginning on the first April 30 that is at least six months after the Closing Date2003, an Officers' CertificateCertificate of the Servicer, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or or, in the case of the initial Officer's Certificatefirst such certificate, during the period from the Closing Date to and including the date of such Officer's Certificate) December 31, 2002 and of its performance under this Agreement has been made under such officer's officers' supervision and (ii) to the best of such officer's officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such yearyear (or in the case of the first such Officers' Certificate, such shorter period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. A The Indenture Trustee shall send a copy of each such certificate Officers' Certificate and the each report referred to in this Section 8.11 3.08 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.08 may be obtained by any Certificateholder at its own expense Noteholder or Note Owner by a request in writing to the Owner Eligible Lender Trustee addressed to the its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Noteholders as of the date specified by the Eligible Lender Trustee. (b) The Servicer shall deliver to a Responsible Officer of the Owner Depositor, Eligible Lender Trustee, the Indenture Trustee Trustee, the Seller and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Certificate of the Servicer of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller 6.01 or UAC shall deliver would cause the Servicer to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of fail to meet any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Rating Agency Condition.

Appears in 1 contract

Samples: Servicing Agreement (Wells Fargo Student Loans Receivables I LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner TrusteeTrust Collateral Agent, the Indenture Trustee Issuer, the Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2020, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b) The Servicer shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April June 30 of each year, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2001, an Officers' Certificate with respect to the prior twelve months ended on March 31 of such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Securities to March 31, 2001), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.01. The Seller shall deliver to the Owner Trustee, the Indenture Trustee and to each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller 8.01(a)(ii) or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but ratings described in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2001-a Owner Trust)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Indenture Trustee Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2017, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b) The Servicer shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, the Indenture Trustee and the InsurerNoteholders, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2012, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee Trustee[, the [Swap Counterparty][Cap Provider]] and each Rating Agency, within 90 days after the Insurer, on or before April 30 end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing Date[ ], an Officers' Officer’s Certificate with respect to the prior fiscal year of the Servicer ended such calendar year (or with respect to the initial Officer’s Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Notes to [ ]), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment failure to fulfill of any such obligation, specifying each such default failure known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer’s Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee Trustee[, the [Swap Counterparty][Cap Provider]] and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice (in the form of an Officers' Certificate Officer’s Certificate) of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.01. The Seller or UAC shall deliver 8.01. (c) Except to a Responsible Officer the extent set forth in Section 4.09(b) of this Agreement and Section 5.01 of the Owner TrusteeIndenture, the Indenture Trustee Basic Documents do not require any policies or procedures to monitor any performance or other triggers and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate events of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01default.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner TrusteeTrust Collateral Agent, the Indenture Trustee Issuer, the Rating Agencies, and the InsurerIndenture Trustee, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2022, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy The Servicer shall direct the Indenture Trustee, upon receipt of such certificate Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the report referred contents of such Officer’s Certificate. The Indenture Trustee shall not be required to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing make an independent investigation or inquiry with respect to the Owner Trustee addressed to the Corporate Trust Officecontents of such Officer’s Certificate. (b) The Servicer shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer the Trust Collateral Agent, the Indenture Trustee, the Issuer, the Board of Trustees, the Owner Trustee, the Indenture Trustee Backup Servicer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer’s Certificate so received to each Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Acceptance Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, the Indenture Trustee Trustee, the Class A Insurer, the Backup Insurer and the InsurerClass A Noteholders, on or before April 30 30th of each year, year beginning on in the first April 30 that is at least six months after the Closing Dateyear 2007, an Officers' Officer's Certificate, dated as of December 31 of the preceding yearDecember 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of for the initial Officer's Certificatecertificate, the for such shorter period as may have elapsed from the Closing Date to and including such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the date beginning of such Officer's Certificatea calendar year) period and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearperiod, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Trust Collateral Agent, the Indenture Trustee, the Owner Trustee, the Indenture Trustee Class A Insurer, the Backup Insurer and to the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trust Collateral Agent, the Indenture Trustee, the Indenture Trustee Class A Insurer, the Backup Insurer and the Insurerto such Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 five (5) Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (ii) of Section 14.018.01. The Trust Collateral Agent shall forward a copy of each Officer's Certificate so received to each Class A Noteholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Acceptance Corporation)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April June 30 of each year, beginning on the first April 30 that is at least six months after the Closing DateJune 30, 2000, an Officers' Certificate with respect to the prior twelve months ended on March 31 of such calendar year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Securities to March 31, 2000), stating that that (i1) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii2) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.01. The Seller shall deliver to the Owner Trustee, the Indenture Trustee and to each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event that with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under Section 14.01. The Seller 8.01(a)(ii) or UAC shall deliver to a Responsible Officer would result in any lowering of the Owner Trustee, the Indenture Trustee and the Insurer, promptly after having obtained knowledge thereof, but ratings described in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp /De)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and each of the InsurerRating Agencies, on or before April 30 the last day of the third month after the end of each yearfiscal year of the Servicer, beginning on the first April 30 that is at least six months after the Closing Date[________, ____], an Officers' Certificate with respect to the [prior fiscal] year (or with respect to the initial Officer's Certificate, dated as of December 31 the period from the date of the preceding yearinitial issuance of the Securities to [_________, _____]), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the shorter) period from the Closing Date to and including the date of such Officer's Certificate) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yeartwelve-month (or shorter) period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 Officer's Certificate may be obtained by any Certificateholder at its own expense or Noteholder by a request in writing to the Owner Trustee or the Indenture Trustee addressed to the Corporate Trust Officeas set forth in Section 10.03 hereof. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurereach Rating Agency, promptly after having obtained knowledge thereof, but in no event 34 (Sale and Servicing Agreement) later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under Section 14.018.01. The Seller or UAC shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurerto each such Rating Agency, promptly after having obtained knowledge thereof, but in no event later than 5 five Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which that with the giving of notice or lapse of time, or both, would become an Event of a Servicer Default under clause (iiSection 8.01(a)(ii) or would result in any lowering of the ratings described in Section 14.015.02(a)(ii)(A).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the InsurerSurety Bond Issuer, on or before April 30 March 31 of each year, beginning on the first April 30 that is at least six months after the Closing DateMarch 31, ____, an Officers' Officer's Certificate, dated as of December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or in the case of the initial Officer's Certificate, the such shorter period from the Closing Date to and including the date of initial issuance of the Certificates to December 31 of such Officer's Certificateyear) and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such yearyear (or such shorter period, as the case may be), or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate and the report referred to in Section 8.11 9.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. (b) The Servicer shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, Surety Bond Issuer promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (i) or (ii) of Section 14.0114. 1. The Seller or UAC Depositor shall deliver to a Responsible Officer of the Owner Trustee, the Indenture Trustee and the Insurer, Surety Bond Issuer promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.0114.1.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Group Inc)

Annual Statement as to Compliance; Notice of Default. (a) The To the extent required by Section 1123 of Regulation AB, the Servicer shall deliver to the Owner Issuer, the Trust Collateral Agent, the Indenture Trustee, the Indenture Trustee Back-up Servicer, the Collateral Agent, the Transferor and the Note Insurer, on or before April 30 March 31 of each yearyear beginning March 31, beginning on the first April 30 that is at least six months after the Closing Date2008, an Officers' Officer's Certificate, dated as of December 31 of the preceding calendar year, stating that (i) a review of the activities of the Servicer during the such preceding 12-month period (or in the case of the initial Officer's Certificate, the period from the Closing Date to and including the date of such Officer's Certificate) calendar year and of its performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled in all material respects all its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying identifying each such default failure known to such officer and the nature and status thereofof such failure. A The Trust Collateral Agent shall send a copy of such certificate and the report referred to in Section 8.11 may be obtained by any Certificateholder at its own expense by a request in writing to the Owner Trustee addressed to the Corporate Trust OfficeRating Agencies. (b) The Servicer shall deliver to a Responsible Officer of the Owner Issuer, the Trust Collateral Agent, the Indenture Trustee, the Indenture Trustee Back-up Servicer, the Collateral Agent, the Transferor, the Note Insurer and the InsurerRating Agencies, promptly after having obtained knowledge thereof, but in no event later than 5 two (2) Business Days thereafterafter having obtained such knowledge, written notice in an Officers' Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become an a Servicer Termination Event of Servicer Default under Section 14.01. 9.1. (c) The Seller or UAC shall Servicer will deliver to the Issuer, on or before March 31 of each year beginning on March 31, 2008, a Responsible Officer report regarding the Servicer's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Owner Trustee, the Indenture Trustee Exchange Act and the Insurer, promptly after having obtained knowledge thereof, but in no event later than 5 Business Days thereafter, written notice in an Officers' Certificate Item 1122 of any event which with the giving of notice or lapse of time, or both, would become an Event of Servicer Default under clause (ii) of Section 14.01Regulation AB.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II)

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