Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 of each year beginning October 31, 1997, an Officers' Certificate, dated as of June 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 first such report, during the period from the Closing Date to June 30, 1997) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the 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 the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a) or (b).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Oxford Resources Corp), Sale and Servicing Agreement (Oxford Resources Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee Trustee, Indenture Trustee, Company and the Trusteeeach Rating Agency, on or before October 31 April 30 of each year year, beginning October 31on April 30, 19971999, an Officers' Officer's Certificate, dated as of June 30 of the preceding yearDecember 31, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 19971998) and of its performance under this Agreement has been made under such officers' officer's supervision and (ii) to the best of such officers' officer's knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) period or, if there has been a exists any uncured default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the telephone written 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 the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default Termination Event under Section 8.1(a) or (b)8.1.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Compass Auto Receivables Trust 1998-A), Sale and Servicing Agreement (Asset Backed Securities Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before October 31 April 30th of each year beginning October 31, 1997year, an Officers' Certificate, dated as of June 30 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, in the case of the first such reportcertificate, during the period from the Closing Initial Cutoff Date to June 30December 31, 19972000) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate Certificate and the report referred to in Section 4.11 4.10 to the Rating Agencies. A copy of such certificate Certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone written 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 the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (5) Business Days thereafter, written notice in an Officers' Certificate of any event which that, with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.1(a) or (b).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc), Sale and Servicing Agreement (CNH Receivables Inc)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before October 31 April 30th of each year beginning October 31, 1997year, an Officers' Certificate, dated as of June 30 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, in the case of the first such reportcertificate, during the period from the Closing Initial Cutoff Date to June 30December 31, 19972002) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate Certificate and the report referred to in Section 4.11 4.10 to the Rating Agencies. A copy of such certificate Certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone written 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 the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (5) Business Days thereafter, written notice in an Officers' Certificate of any event which that, with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.1(a) or (b).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc), Sale and Servicing Agreement (CNH Capital Receivables Inc)
Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 of each year beginning October 31[ ], 1997200[ ], an Officers' Certificate, dated as of June 30 December 31 of the preceding year, stating that that: (i) a review of the activities of the Master Servicer during the preceding 12twelve-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 1997200[ ]) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Trustee shall send a copy of such certificate and the report referred to in Section 4.11 3.10 to the Rating Agencies. A copy of such certificate and the report referred to in Section 4.11 3.10 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Trustee will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee.
(b) The Master Servicer shall deliver to the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (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 a Servicer Default under Section 8.1(a7.1(a) or (b).
Appears in 2 contracts
Samples: Master Servicing Agreement (Gs Mortgage Securities Corp), Master Servicing Agreement (Gs Mortgage Securities Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before October 31 April 30th of each year beginning October 31, 1997year, an Officers' Certificate, dated as of June 30 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, in the case of the first such reportcertificate, during the period from the Closing Initial Cutoff Date to June 30December 31, 19971999) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate Certificate and the report referred to in Section 4.11 4.10 to the Rating Agencies. A copy of such certificate Certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone written 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 the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (5) Business Days thereafter, written notice in an Officers' Certificate of any event which that, with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.1(a) or (b).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Case Receivables Ii Inc), Sale and Servicing Agreement (Case Receivables Ii Inc)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, Indenture Trustee and the Trusteeeach Rating Agency, on or before October 31 April 30 of each year beginning October 31on April 30, 19971998, an Officers' Officer's Certificate, dated as of June 30 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 first such report, during the period from the Closing Date to June 30December 31, 1997) and of its performance under this Agreement has been made under such officers' officer's supervision and (ii) to the best of such officers' officer's knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a exists any uncured default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the telephone written 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 the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default Termination Event under Section 8.1(a) or (b)8.1.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Key Consumer Acceptance Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 of each year beginning October 31[ ], 1997200[ ], an Officers' ’ Certificate, dated as of June 30 December 31 of the preceding year, stating that that: (i) a review of the activities of the Master Servicer during the preceding 12twelve-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 1997200[ ]) and of its performance under this Agreement has been made under such officers' ’ supervision and (ii) to the best of such officers' ’ knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Trustee shall send a copy of such certificate and the report referred to in Section 4.11 3.10 to the Rating Agencies. A copy of such certificate and the report referred to in Section 4.11 3.10 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Trustee will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee.
(b) The Master Servicer shall deliver to the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (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 a Servicer Default under Section 8.1(a7.1(a) or (b).
Appears in 1 contract
Samples: Master Servicing Agreement (Gs Mortgage Securities Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee Trustee, the Trustee, and the TrusteeSecurity Insurer, on or before October 31 November 30 of each year beginning October 31November 30, 19972005, an Officers' Officer’s Certificate, dated as of June 30 of the preceding yearSeptember 30, stating that (i) a review of the activities of the Servicer during the preceding 12-12 month period (or, in for the case initial report, for such longer period or shorter period as shall have elapsed from the date of issuance of the first such report, during the period from the Closing Date to June 30, 1997Notes) and of its performance under this Agreement has been made under such officers' officer’s supervision and (ii) to the best of such officers' officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Trustee 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 Trustee 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 the Owner Trustee, the Trustee Trustee, the Security Insurer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Franklin Auto Trust 2004-2)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 ____________ of each year beginning October 31, 1997________ 20___, an Officers' Certificate, dated as of June 30 December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12twelve-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 199720___) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Trustee shall send a copy of such certificate and the report referred to in Section 4.11 3.10 to the Rating Agencies. A copy of such certificate and the report referred to in Section 4.11 3.10 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the 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 the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a7.2 (a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before October 31 April 30th of each year beginning October 31, 1997year, an Officers' Certificate, dated as of June 30 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, in the case of the first such reportcertificate, during the period from the Closing Initial Cutoff Date to June 30_______________ ___, 1997199__) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate Certificate and the report referred to in Section 4.11 4.10 to the Rating Agencies. A copy of such certificate Certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone written 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 the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (5) Business Days thereafter, written notice in an Officers' Certificate of any event which that, with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Case Receivables Ii Inc)
Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 of each year beginning October 31_________, 1997199__, an Officers' Certificate, dated as of June 30 December 31 of the preceding year, stating that (i) a review of the activities of the Master Servicer during the preceding 12twelve-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 1997199__) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Trustee shall send a copy of such certificate and the report referred to in Section 4.11 3.10 to the Rating Agencies. A copy of such certificate and the report referred to in Section 4.11 3.10 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Trustee will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee.
(b) The Master Servicer shall deliver to the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a7.1(a) or (b).
Appears in 1 contract
Samples: Master Servicing Agreement (Structured Asset Mortgage Investments Inc)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before October 31 February 28 of each year beginning October 31February 28, 19972004, an Officers' Certificate, dated as of June 30 of the preceding year, ’ Certificate stating that (i) a review of the activities of the Servicer during the preceding 12-month period ending on October 31 of the preceding year (or, in the case of the first such reportOctober 31, during 2003, the period from the Closing Date to June 30October 31, 19972003) and of its performance under this Agreement has been made under such officers' ’ supervision and (ii) to the best of such officers' ’ knowledge, based on such review, the Servicer has fulfilled in all material respects all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) period or, if there has been a default in the fulfillment of any such obligationobligation in any material respect, specifying each such default known to such 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 4.11 may be obtained by any the Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined at its address in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Trustee will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner TrusteeSection 10.03.
(b) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a8.01(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Deere John Receivables Inc)
Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 of each year beginning October 31_________, 1997200__, an Officers' Certificate, dated as of June 30 December 31 of the preceding year, stating that (i) a review of the activities of the Master Servicer during the preceding 12twelve-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 1997200__) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Trustee shall send a copy of such certificate and the report referred to in Section 4.11 3.10 to the Rating Agencies. A copy of such certificate and the report referred to in Section 4.11 3.10 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Trustee will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee.
(b) The Master Servicer shall deliver to the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a7.1(a) or (b).
Appears in 1 contract
Samples: Master Servicing Agreement (Structured Asset Mortgage Investments Inc)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the TrusteeInsurer, on or before October 31 April 30 of each year beginning October 31April 30, 19971998, an Officers' Officer's Certificate, dated as of June 30 of the preceding yearDecember 31, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 1997) and of its performance under this Agreement has been made under such officers' officer's supervision and (ii) to the best of such officers' officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such 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 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Indenture 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. Each Noteholder, by its acceptance of a Note, shall be deemed to agree that the Indenture Trustee 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 the Owner Trustee, the Trustee Indenture Trustee, the Insurer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a), (b) or (bc).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Nationsfinancial Funding Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Trustee and the TrusteeSecurity Insurer, on or before October 31 November 30 of each year beginning October 31November 30, 1997, 2003 an Officers' Officer’s Certificate, dated as of June 30 of the preceding yearSeptember 30, stating that (i) a review of the activities of the Servicer during the preceding 12-12 month period (or, in for the case initial report, for such longer period or shorter period as shall have elapsed from the date of issuance of the first such report, during the period from the Closing Date to June 30, 1997Notes) and of its performance under this Agreement has been made under such officers' officer’s supervision and (ii) to the best of such officers' officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Trustee 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 Trustee 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 the Owner Trustee, the Trustee Trustee, the Security Insurer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Franklin Receivables Auto Trust 2003-1)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, Indenture Trustee and the Trusteeeach Rating Agency, on or before October 31 April 30 of each year beginning October 31on April 30, 19972000, an Officers' Officer's Certificate, dated as of June 30 of the preceding yearDecember 31, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 19971999) and of its performance under this Agreement has been made under such officers' officer's supervision and (ii) to the best of such officers' officer's knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) period or, if there has been a exists any uncured default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the telephone written 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 the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default Termination Event under Section 8.1(a) or (b)8.1.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Key Consumer Acceptance Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 April 30 of each year beginning October 31April 30, 19972000, an Officers' Officer's Certificate, dated as of June 30 December 31 of the preceding fiscal year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 19972000) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Trustee shall send a copy of such certificate and the report referred to in Section 4.11 3.11 to the Rating Agencies. A copy of such certificate and the report referred to in Section 4.11 3.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the 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 the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default an Event of Servicing Termination under Section 8.1(a9.1(a) or (b).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mellon Auto Grantor Trust 2000-1)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 of each year beginning October 31, 1997199_, an Officers' Certificate, dated as of June 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 first such report, during the period from the Closing Date to June 30, 1997199_) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the 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 the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Mellon Auto Receivables Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 April 30 of each year beginning October 31April 30, 1997[ ], an Officers' Certificate, dated as of June 30 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 first such report, during the period from the Closing Date to June 30December 31, 1997[ ]) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer shorter period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the 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 the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 April 30 of each year beginning October 31April 30, 1997199_, an Officers' Certificate, dated as of June 30 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 first such report, during the period from the Closing Date to June 30December 31, 1997199_) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the 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 the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Barnett Auto Receivables Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 April 30 of each year beginning October 31April 30, 19971998, an Officers' Certificate, dated as of June 30 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 first such report, during the period from the Closing Date to June 30December 31, 1997) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer shorter period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the 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 the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Barnett Auto Receivables Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Issuer, Indenture Trustee and the Trusteeeach Rating Agency, on or before October 31 _________ of each year beginning October 31on ________, 1997200_, an Officers' Officer's Certificate, dated as of June 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 first such report, during the period from the Closing Date to June 30____________, 1997200_) and of its performance under this Agreement has been made under such officers' officer's supervision and (ii) to the best of such officers' officer's knowledge, based on such review, the Servicer has fulfilled all its obligations in all material respects under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a exists any uncured default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee Issuer addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the telephone written request of the Owner TrusteeIssuer, the Indenture Trustee will promptly furnish the Owner Trustee Issuer a list of Noteholders as of the date specified by the Owner TrusteeIssuer.
(b) The Servicer shall deliver to the Owner TrusteeIssuer, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default Termination Event under Section 8.1(a) or (b)8.1.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Public Auto Loan Securitization LLC)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 ________ of each year beginning October 31________, 1997199__, an Officers' Certificate, dated as of June 30 December 31 of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12twelve-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 1997199__) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Trustee shall send a copy of such certificate and the report referred to in Section 4.11 3.10 to the Rating Agencies. A copy of such certificate and the report referred to in Section 4.11 3.10 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the 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 the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a7.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Owner Trustee and the Trustee, on or before October 31 of each year beginning October 31, 1997199__, an Officers' Certificate, dated as of June 30 December 31 of the preceding year, stating that (i) a review of the activities of the Master Servicer during the preceding 12twelve-month period (or, in the case of the first such report, during the period from the Closing Date to June 30December 31, 1997199__) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Trustee shall send a copy of such certificate and the report referred to in Section 4.11 3.10 to the Rating Agencies. A copy of such certificate and the report referred to in Section 4.11 3.10 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Trustee will promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee.
(b) The Master Servicer shall deliver to the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Master Servicer Default under Section 8.1(a7.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Avco Abs Receivables Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Trustee and the TrusteeSecurity Insurer, on or before October 31 November 30 of each year beginning October 31November 30, 1997, 2004 an Officers' Officer’s Certificate, dated as of June 30 of the preceding yearSeptember 30, stating that (i) a review of the activities of the Servicer during the preceding 12-12 month period (or, in for the case initial report, for such longer period or shorter period as shall have elapsed from the date of issuance of the first such report, during the period from the Closing Date to June 30, 1997Notes) and of its performance under this Agreement has been made under such officers' officer’s supervision and (ii) to the best of such officers' officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers 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 Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the Trustee 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 Trustee 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 the Owner Trustee, the Trustee Trustee, the Security Insurer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Franklin Auto Trust 2003-2)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before October 31 [________] of each year beginning October 31, 1997year, an Officers' Certificate, dated as of June 30 [__________] of the preceding year, stating that that: (i) a review of the activities of the Servicer during the preceding 12-month period (or, in the case of the first such reportcertificate, during the period from the Closing Initial Cutoff Date to June 30, 1997[__________]) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate Certificate and the report referred to in Section 4.11 4.10 to the Rating Agencies. A copy of such certificate Certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone written 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 the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (5) Business Days thereafter, written notice in an Officers' Certificate of any event which that, with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before October 31 April 30th of each year beginning October 31, 1997year, an Officers' Certificate, dated as of June 30 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, in the case of the first such reportcertificate, during the period from the Closing Initial Cutoff Date to June 30December 31, 19972001) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officers and the nature and status thereof. The Indenture Trustee shall send a copy of such certificate Certificate and the report referred to in Section 4.11 4.10 to the Rating Agencies. A copy of such certificate Certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone written 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 the Owner Trustee, the Indenture Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (5) Business Days thereafter, written notice in an Officers' Certificate of any event which that, with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc)
Annual Statement as to Compliance; Notice of Default. (a) ---------------------------------------------------- The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before October 31 _____________________ of each year beginning October 31_________________, 1997199____, an Officers' Certificate, dated as of June 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 first or such report, during the shorter period from as shall have elapsed since the Closing Date to June 30, 1997Date) and of its performance under this Agreement has been made under such officers' supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such 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 4.11 may be obtained by any Certificateholder Certificateholder, Certificate Owner, Noteholder or Note Owner by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the 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 the Owner Trustee, the Trustee and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than 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 a Servicer Default under Section 8.1(a) or (b).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Asset Backed Securities Corp)
Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Indenture Trustee, the Owner Trustee Trustee, the Backup Servicer, and the TrusteeInsurer, on or before October 31 [_________] of each year beginning October 31[_________], 1997200[_], an Officers' Officer's Certificate, dated as of June 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 first such report, during the period from the Closing Date to June 30, 1997) and of its performance under this Agreement has been made under such officers' officer's supervision and (ii) to the best of such officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such longer period) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such 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 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office (as defined in the Trust Agreement) or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, the 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 the Owner Trustee, the Trustee Indenture Trustee, the Backup Servicer, the Indenture Collateral Agent, the Insurer and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (5) [____] Business Days thereafter, written notice in an Officers' Officer's Certificate of specifying any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 8.1(a) or (b)8.1.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Painewebber Asset Acceptance Corp)