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 Trustee and the Indenture Trustee, on or before April 30th of each year, 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 first such certificate, from the Initial Cutoff Date to December 31, 2000) 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, 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 4.10 to the Rating Agencies. A copy of such Certificate and report may be obtained by any Certificateholder or Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Noteholders as of the date specified by the Trustee.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CNH Receivables Inc), Sale and Servicing Agreement (CNH Capital Receivables Inc)

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Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before April 30th March 31 of each yearyear beginning in 199_, an Officers' Officer's Certificate, dated as of December 31 of the preceding year, stating that: that (i) a review of the activities of the Servicer during the preceding 12-12- month period (or, in or such shorter period as shall have elapsed since the case of the first such certificate, from the Initial Cutoff Date to December 31, 2000Closing Date) and of its performance under this Agreement has been made under the supervision of the officers of the Servicer signing such officers' supervision Officer's Certificate 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, 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 4.10 4.11 to the Rating Agencies. A copy of such Certificate certificate and the report referred to in Section 4.11 may be obtained by any Noteholder, Note Owner, Certificateholder or Noteholder Certificate Owner by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the written telephone request of the Owner Trustee, the Indenture Trustee will shall promptly furnish the Owner Trustee a list of Noteholders as of the date specified by the Owner Trustee.

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 and the Indenture Trustee, on or before April 30th _____________________ of each yearyear beginning _________________, 200__, an Officers' Certificate, 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, in or such shorter period as shall have elapsed since the case of the first such certificate, from the Initial Cutoff Date to December 31, 2000Closing Date) 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, 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 4.10 4.11 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 Certificateholder, Certificate Owner, Noteholder or Noteholder Note Owner by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the written 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.

Appears in 2 contracts

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

Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before April 30th of each yearyear beginning [ ], 200[ ], an Officers' Certificate, dated as of 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 certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 2000200[ ]) 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, 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 4.10 3.10 to the Rating Agencies. A copy of such Certificate certificate and the report referred to in Section 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 written 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.

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 April 30th within 120 days after the end of each yearfiscal year of the Issuer (commencing with the fiscal year 1998), an Officers' Certificate, 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, in or such shorter period as shall have elapsed since the case of the first such certificate, from the Initial Cutoff Date to December 31, 2000Closing Date) 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, 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 4.10 4.11 to the Rating AgenciesAgency. A copy of such Certificate certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder or Noteholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the written 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.

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 Servicer shall deliver to the Owner Trustee, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th [_________] of each yearyear beginning on [ ], 200_, an Officers' Officer's Certificate, 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, in the case of the first such certificatereport, during the period from the Initial Cutoff Closing Date to December 31[ ], 2000200_) 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, 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the 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.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Bas Securitization LLC), Sale and Servicing Agreement (Lehman Brothers Asset Securitization LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before April 30th of each yearyear beginning _________, 200__, an Officers' Certificate, dated as of 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 certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 2000200__) 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, 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 4.10 3.10 to the Rating Agencies. A copy of such Certificate certificate and the report referred to in Section 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 written 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.

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 Indenture TrusteeInsurer, on or before April 30th 30 of each yearyear beginning April 30, 1998, an Officers' Officer's Certificate, dated as of December 31 of the preceding yearDecember 31, 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 certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 20001997) 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, 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 4.10 4.11 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 or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the written 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.

Appears in 1 contract

Samples: Sale and Servicing (Nationsfinancial Funding Corp)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trustee and the Indenture Trustee, on or before April 30th of each year, 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 first such certificate, from the Initial Cutoff Date to December 31, 20002004) 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, 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 4.10 to the Rating Agencies. A copy of such Certificate and report may be obtained by any Certificateholder or Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Noteholders as of the date specified by the Trustee.

Appears in 1 contract

Samples: 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 Indenture Trustee, on or before April 30th of each yearyear beginning _________, 199__, an Officers' Certificate, dated as of 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 certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 2000199__) 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, 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 4.10 3.10 to the Rating Agencies. A copy of such Certificate certificate and the report referred to in Section 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 written 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.

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, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th 30 of each yearyear beginning on April 30, 1998, an Officers' Officer's Certificate, 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, in the case of the first such certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 20001997) 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, 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the 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.

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, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th 30 of each yearyear beginning on April 30, 1999, an Officers' Officer's Certificate, dated as of December 31 of the preceding yearDecember 31, 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 certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 20001998) 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 SALE AND SERVICING AGREEMENT throughout such year 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the 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.

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, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th ____________________ of each yearyear beginning on ____________, 199__, an Officers' Officer's Certificate, dated as of December 31 ______________ of the preceding such 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 certificatereport, during the period from the Initial Cutoff Closing Date to December 31____________, 2000199__) 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, 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the written 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.

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, the Trustee and the Indenture TrusteeSecurity Insurer, on or before April 30th November 30 of each yearyear beginning November 30, 2004 an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearSeptember 30, stating that: 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 certificate, from the Initial Cutoff Date to December 31, 2000Notes) 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, 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 4.10 4.11 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 or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written 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 Trustee shall be under no liability for providing the list of Noteholders to the Owner Trustee as described in the immediately preceding sentence.

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, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th October 31 of each yearyear beginning on October 31, 1998, an Officers' Officer's Certificate, dated as of December 31 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 certificatereport, during the period from the Initial Cutoff Closing Date to December 31June 30, 20001998) and of its performance under this Agreement has been made under such officers' officer's supervision SALE AND SERVICING AGREEMENT 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, 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the 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.

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 Trustee Owner Trustee, the Trustee, and the Indenture TrusteeSecurity Insurer, on or before April 30th November 30 of each yearyear beginning November 30, 2004, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearSeptember 30, stating that: that (i) a review of the activities of the Servicer during the preceding 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 certificate, from the Initial Cutoff Date to December 31, 2000Notes) 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, 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 4.10 4.11 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 or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written 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 Trustee shall be under no liability for providing the list of Noteholders to the Owner Trustee as described in the immediately preceding sentence.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Franklin Auto Trust 2004-1)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, the Trustee and the Indenture TrusteeSecurity Insurer, on or before April 30th November 30 of each yearyear beginning November 30, 2003 an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearSeptember 30, stating that: 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 certificate, from the Initial Cutoff Date to December 31, 2000Notes) 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, 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 4.10 4.11 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 or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written 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 Trustee shall be under no liability for providing the list of Noteholders to the Owner Trustee as described in the immediately preceding sentence.

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 Trustee and the Indenture Trustee, on or before April 30th of each year, 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 first such certificate, from the Initial Cutoff Date to December 31, 20002003) 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, 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 SECTION 4.10 to the Rating Agencies. A copy of such Certificate and report may be obtained by any Certificateholder or Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Noteholders as of the date specified by the Trustee.

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 Trustee and the Indenture Trustee, on or before April 30th 30 of each year, 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 first such certificate, from the Initial Cutoff Date to December 31, 2000[ ]) 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, 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 4.10 to the Rating Agencies. A copy of such Certificate and report may be obtained by any Certificateholder or Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Noteholders as of the date specified by the Trustee.

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 Issuer, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th _________ of each yearyear beginning on ________, 200_, an Officers' Officer's Certificate, 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, in the case of the first such certificatereport, during the period from the Initial Cutoff Closing Date to December 31____________, 2000200_) 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, 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Issuer addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the written request of the TrusteeIssuer, the Indenture Trustee will promptly furnish the Trustee Issuer a list of Noteholders as of the date specified by the TrusteeIssuer.

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 Trustee and the Indenture Trustee, on or before April 30th of each year, 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 first such certificate, from the Initial Cutoff Date to December 31, 20002003) 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, 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 4.10 to the Rating Agencies. A copy of such Certificate and report may be obtained by any Certificateholder or Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Noteholders as of the date specified by the Trustee.

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, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th _________ of each yearyear beginning on ________ [ ], 200_, an Officers' Officer's Certificate, dated as of December 31 ___________ [ ] of the preceding year, stating that: that (i) a review of the activities of the Servicer during the preceding 12-12- month period (or, in the case of the first such certificatereport, during the period from the Initial Cutoff Closing Date to December 31____________ [ ], 2000200_) and of its performance under this Agreement has been made under such officers' officer's supervision and (ii) 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, 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Amsouth Auto Receivables LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before April 30th ____________ of each yearyear beginning ________ 20___, an Officers' Certificate, dated as of December 31 of the preceding year, stating that: that (i) a review of the activities of the Servicer during the preceding 12twelve-month period (or, in the case of the first such certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 200020___) 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, 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 4.10 3.10 to the Rating Agencies. A copy of such Certificate certificate and the report referred to in Section 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 written 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)

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Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Eligible Lender Trustee and the Indenture TrusteeTrustee (with a copy to the Depositor), on or before April 30th 30 of each yearyear beginning April 30, 1999, an Officers' CertificateCertificate of the Servicer, dated as of December 31 of the preceding year, stating that: (i) that a review of the activities of the Servicer during the preceding 12-month period (or, in the case of the first such certificate, during the period from the Initial Cutoff Closing Date to December 31, 2000) 1999 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 in all material respects throughout such year (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 officers and the nature and status thereof. The Indenture Trustee shall send a copy of each such Officers' Certificate and the each report referred to in this Section 4.10 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 Noteholder or Noteholder Note Owner by a request in writing to the 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 written 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.

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 Trustee and the Indenture Trustee, on or before April 30th of each year, 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 first such certificate, from the Initial Cutoff Date to December 31_______________ ___, 2000199__) 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, 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 4.10 to the Rating Agencies. A copy of such Certificate and report may be obtained by any Certificateholder or Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Noteholders as of the date specified by the Trustee.

Appears in 1 contract

Samples: 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 and the Indenture Trustee, on or before April 30th _____________________ of each yearyear beginning _________________, 199____, an Officers' Certificate, 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, in or such shorter period as shall have elapsed since the case of the first such certificate, from the Initial Cutoff Date to December 31, 2000Closing Date) 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, 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 4.10 4.11 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 Certificateholder, Certificate Owner, Noteholder or Noteholder Note Owner by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the written 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.

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 Trustee and the Indenture Trustee, on or before April 30th [________] of each year, 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 first such certificate, from the Initial Cutoff Date to December 31, 2000[__________]) 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, 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 4.10 to the Rating Agencies. A copy of such Certificate and report may be obtained by any Certificateholder or Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Noteholders as of the date specified by the Trustee.

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 April 30th ________ of each yearyear beginning ________, 199__, an Officers' Certificate, dated as of December 31 of the preceding year, stating that: that (i) a review of the activities of the Servicer during the preceding 12twelve-month period (or, in the case of the first such certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 2000199__) 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, 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 4.10 3.10 to the Rating Agencies. A copy of such Certificate certificate and the report referred to in Section 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 written 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.

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 Servicer shall deliver to the Owner Trustee, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th _________ of each yearyear beginning on ________ [ ], 200_, an Officers' Officer's Certificate, dated as of December 31 ___________ [ ] of the preceding year, stating that: that (i) a review of the activities of the Servicer during the preceding 12-12- month period (or, in the case of the first such certificatereport, during the period from the Initial Cutoff Closing Date to December 31____________ [ ], 2000200_) 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, 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (M&i Dealer Auto Securitization LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trustee Trustee, the Class B Agent and the Indenture Trustee, on or before April 30th of each year, 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 first such certificate, from the Initial Cutoff Date to December 31, 20001996) 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, 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 4.10 to the Rating Agencies. A copy of such Certificate and report may be obtained by any Certificateholder or Indenture Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Indenture Noteholders as of the date specified by the Trustee.

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 Indenture Trustee, on or before April 30th of each yearyear beginning , 199__, an Officers' Certificate, dated as of 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 certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 2000199__) 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, 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 4.10 3.10 to the Rating Agencies. A copy of such Certificate certificate and the report referred to in Section 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 written 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.

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, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th _________ of each yearyear beginning on ________ [ ], 199_, an Officers' Officer's Certificate, dated as of December 31 ___________ [ ] of the preceding year, stating that: that (i) a review of the activities of the Servicer during the preceding 12-12- month period (or, in the case of the first such certificatereport, during the period from the Initial Cutoff Closing Date to December 31____________ [ ], 2000199_) and of its performance under this Agreement has been made under such officers' officer's supervision and (ii) 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, 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Amsouth Auto Corp 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 [April 30th 30] of each yearyear beginning ______________, [____], an Officers' Certificate, 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, in or such longer period as shall have elapsed since the case of the first such certificate, from the Initial Cutoff Date to December 31, 2000Closing Date) 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, 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 4.10 4.11 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 Certificateholder, Noteholder or Noteholder Note owner by a request in writing to the Owner Trustee addressed to the Corporate Trust Office. Upon the written 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Owner Trustee, Indenture Trustee and the Indenture Trusteeeach Rating Agency, on or before April 30th _________ of each yearyear beginning on ________ [ ], 200_, an Officers' Officer's Certificate, dated as of December 31 ___________ [ ] of the preceding year, stating that: that (i) a SALE AND SERVICING AGREEMENT review of the activities of the Servicer during the preceding 12-month period (or, in the case of the first such certificatereport, during the period from the Initial Cutoff Closing Date to December 31____________ [ ], 2000200_) 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, 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 Indenture Trustee shall send a A copy of such Certificate certificate and the report referred to in Section 4.10 to the Rating Agencies. A copy of such Certificate and report 4.11 may be obtained by any Certificateholder by a request in writing to Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. Upon the 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bond Securitization LLC)

Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Owner Trustee and the Indenture Trustee, on or before April 30th of each yearyear beginning [ ], 200[ ], an Officers' Certificate, dated as of 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 certificatereport, during the period from the Initial Cutoff Closing Date to December 31, 2000200[ ]) 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, 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 4.10 3.10 to the Rating Agencies. A copy of such Certificate certificate and the report referred to in Section 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 written 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.

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 Trustee and the Indenture Trustee, on or before April 30th of each year, 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 first such certificate, from the Initial Cutoff Date to December 31, 20002001) 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, 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 4.10 to the Rating Agencies. A copy of such Certificate and report may be obtained by any Certificateholder or Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written request of the Trustee, the Indenture Trustee will promptly furnish the Trustee a list of Noteholders as of the date specified by the Trustee.

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 Trustee Owner Trustee, the Trustee, and the Indenture TrusteeSecurity Insurer, on or before April 30th November 30 of each yearyear beginning November 30, 2005, an Officers' Officer’s Certificate, dated as of December 31 of the preceding yearSeptember 30, stating that: 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 certificate, from the Initial Cutoff Date to December 31, 2000Notes) 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, 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 4.10 4.11 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 or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the written 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 Trustee shall be under no liability for providing the list of Noteholders to the Owner Trustee as described in the immediately preceding sentence.

Appears in 1 contract

Samples: Subsequent Transfer Agreement (Franklin Auto Trust 2004-2)

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