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

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to each Trustee and the Insurer (with a copy to the Noteholders), on or before April 15 of each year, beginning April 15, 2006, an officer’s certificate signed by an Executive Officer of the initial Servicer (or by an appropriate officer of any successor Servicer), dated as of the immediately preceding December 31, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to December 31, 2005) and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder or any Registered Owner by a request in writing to the Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, respectively. (b) The Servicer shall deliver to each Trustee, the Insurer and the Rating Agencies (with a copy to the Noteholders), promptly after having obtained knowledge thereof, but in no event later than (2) two Business Days thereafter, written notice in an officer’s certificate signed by an Executive Officer of the Servicer of any Servicer Default or event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 9.01. Such notice shall describe the nature and period of existence of such event and the action, if any, the Servicer is taking or proposes to take with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alliance Laundry Systems LLC)

AutoNDA by SimpleDocs

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to each the COLT Indenture Trustee and the Insurer (with a copy to COLT Owner Trustee, each COLT 200_-__ Secured Noteholder and the Noteholders)COLT 200_-__ Certificateholder, on or before April March 15 of each year, beginning April March 15, 2006200 , an officer’s 's certificate signed by an Executive Officer the President or any Vice President of the initial Servicer (or by an appropriate officer of any successor Servicer), dated as of December 31 of the immediately preceding December 31year, in each instance stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or, with respect to the first such certificate, such period as shall have elapsed from the Series 200_-__ Closing Date to December 31, 2005the date of such certificate) and of its the Servicer's performance under this Agreement and the other COLT 200_-__ Basic Documents has been made under such officer’s supervision 's supervision, and (ii) to the best of such officer’s 's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects such agreements throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any COLT 200_-__ Secured Noteholder or any Registered Owner the COLT 200_- Certificateholder by a request in writing to the Issuer COLT addressed to the Corporate Trust Office of the COLT Indenture Trustee or the COLT Owner Trustee, respectivelyas applicable. (b) The Servicer shall deliver to each Trustee, the Insurer Series 200_-__ Further Holders and the Rating Agencies (with a copy to the Noteholders), promptly after having obtained knowledge thereof, but in no event later than (2) two five Business Days thereafter, written notice in an officer’s 's certificate signed by an Executive Officer of the Servicer of any Servicer Default or event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 9.01. Such notice shall describe the nature and period of existence of such event and the action, if any, the Servicer is taking or proposes to take with respect theretoDefault.

Appears in 1 contract

Samples: Servicing Agreement (Central Originating Lease Trust)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to each Trustee and the Insurer Administrative Agent (with a copy to the Noteholders), on or before April 15 of each year, beginning April 15, 20062010, an officer’s certificate signed by an Executive Officer of the initial Servicer (or by an appropriate officer of any successor Servicer), dated as of the immediately preceding December 31, stating that (i) a review of the activities of the Servicer during the preceding twelve (12-) month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to December 31, 20052009) and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder or any Registered Owner by a request in writing to the Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, respectively. (b) The Servicer shall deliver to each Trustee, the Insurer Administrative Agent and the Rating Agencies (with a copy to the Noteholders), promptly after having obtained knowledge thereof, but in no event later than (2) two Business Days thereafter, written notice in an officer’s certificate signed by an Executive Officer of the Servicer of any Servicer Default or event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 9.01. Such notice shall describe the nature and period of existence of such event and the action, if any, the Servicer is taking or proposes to take with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alliance Laundry Systems LLC)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall will deliver to each Trustee and the Indenture Trustee, the Owner Trustee, the Insurer (with a copy to the Noteholders)and each Rating Agency, on or before April 15 30 (or 120 days after the end of the Servicer's fiscal year, if other than December 31) of each year, beginning on April 1530, 20062004, an officer’s certificate signed by an Executive Officer of the initial Servicer (or by an appropriate officer of any successor Servicer)Officer's Certificate, dated as of the immediately preceding December 3131 (or other applicable date) of such year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or, with respect to the first or such certificate, such other period as shall have has elapsed from the Closing Date to December 31, 2005the date of the first such certificate) and of its performance under this Agreement has been made under such officer’s supervision 's supervision, and (ii) to the best of such officer’s 's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder or any Registered Owner by a request in writing to the Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, respectively. (b) The Servicer shall will deliver to each the Indenture Trustee, the Insurer Owner Trustee, the Insurer, and the each Rating Agencies (with a copy to the Noteholders)Agency, promptly after having obtained knowledge thereof, but in no event later than two (2) two Business Days thereafter, written notice in an officer’s certificate signed by an Executive Officer of the Servicer Officer's Certificate of any Servicer Default or event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 9.019.1(a). Such notice shall describe The Servicer will deliver to the nature and period of existence of such event and the action, if anyIndenture Trustee, the Owner Trustee, the Insurer, the Seller and each Rating Agency promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer is taking or proposes to take with respect theretoDefault under any other clause of Section 9.1.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bond Securitization LLC)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to each the COLT Indenture Trustee and the Insurer (with a copy to COLT Owner Trustee, each COLT 2005-SN1 Secured Noteholder and the Noteholders)COLT 2005-SN1 Certificateholder, on or before April March 15 of each year, beginning April March 15, 2006, an officer’s 's certificate signed by an Executive Officer the President or any Vice President of the initial Servicer (or by an appropriate officer of any successor Servicer), dated as of December 31 of the immediately preceding December 31year, in each instance stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or, with respect to the first such certificate, such period as shall have elapsed from the Series 2005-SN1 Closing Date to December 31, 2005the date of such certificate) and of its the Servicer's performance under this Agreement and the other COLT 2005-SN1 Basic Documents has been made under such officer’s supervision 's supervision, and (ii) to the best of such officer’s 's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects such agreements throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any COLT 2005-SN1 Secured Noteholder or any Registered Owner the COLT 2005-SN1 Certificateholder by a request in writing to the Issuer addressed to the Corporate Trust Office of the COLT Indenture Trustee or the COLT Owner Trustee, respectively, addressed to the applicable Corporate Trust Office. (b) The Servicer shall deliver to each Trustee, the Insurer Series 2005-SN1 Further Holders and the Rating Agencies (with a copy to the Noteholders), promptly after having obtained knowledge thereof, but in no event later than (2) two five Business Days thereafter, written notice in an officer’s 's certificate signed by an Executive Officer of the Servicer of any Servicer Default or event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 9.01. Such notice shall describe the nature and period of existence of such event and the action, if any, the Servicer is taking or proposes to take with respect theretoDefault.

Appears in 1 contract

Samples: Servicing Agreement (Capital Auto Receivables Asset Trust 2005-Sn1)

AutoNDA by SimpleDocs

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Master Servicer shall will deliver to each Rating Agency the Trustee and the Certificate Insurer (with a copy to the Noteholders), on or before April 15 30 of each year, beginning with the first April 15, 200630 that occurs at least six months after the Initial Cut-off Date, an officer’s certificate signed by an Executive Officer of the initial Servicer (or by an appropriate officer of any successor Servicer)Officer's Certificate stating, dated as of the immediately preceding December 31, stating that (i) a review of the activities of the Master Servicer during the preceding 12-month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to December 31, 2005) calendar year and of its performance under this Agreement has been made under such officer’s supervision and 's supervision, (ii) to the best of such officer’s 's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such periodyear, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy thereof and (iii) to the best of such certificate may be obtained by any Noteholder officer's knowledge, each Subservicer has fulfilled its obligations under its Subservicing Agreement in all material respects, or any Registered Owner by if there has been a request material default in writing the fulfillment of such obligations, specifying such default known to such employee and the Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, respectivelynature and status thereof. (b) The Master Servicer shall deliver to each the Trustee, the Insurer Certificate Insurer, the Certificateholders and the each Rating Agencies (with a copy to the Noteholders)Agency, promptly after having obtained knowledge thereof, but in no event later than (2) two Business Days thereafter, written notice in an officer’s certificate signed by an Executive Officer of the Servicer Officer's Certificate of any Servicer Default or event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 9.01. Such notice shall describe the nature and period of existence of such event and the action, if any, the Servicer is taking or proposes to take with respect thereto7.01.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (National Auto Finance Co Inc)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall will deliver to each Rating Agency the Trustee and the Certificate Insurer (with a copy to the Noteholders), on or before April 15 30 of each year, beginning with the first April 15, 200630 that occurs at least six months after the Initial Cut-off Date, an officer’s certificate signed by an Executive Officer of the initial Servicer (or by an appropriate officer of any successor Servicer)Officer's Certificate stating, dated as of the immediately preceding December 31, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to December 31, 2005) calendar year and of its performance under this Agreement has been made under such officer’s supervision and 's supervision, (ii) to the best of such officer’s 's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such periodyear, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy thereof and (iii) to the best of such certificate may be obtained by any Noteholder officer's knowledge, each Subservicer has fulfilled its obligations under its Subservicing Agreement in all material respects, or any Registered Owner by if there has been a request material default in writing the fulfillment of such obligations, specifying such default known to such employee and the Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, respectivelynature and status thereof. (b) The Servicer shall deliver to each the Trustee, the Insurer Certificate Insurer, the Certificateholders and the each Rating Agencies (with a copy to the Noteholders)Agency, promptly after having obtained knowledge thereof, but in no event later than (2) two Business Days thereafter, written notice in an officer’s certificate signed by an Executive Officer of the Servicer Officer's Certificate of any Servicer Default or event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 9.01. Such notice shall describe the nature and period of existence of such event and the action, if any, the Servicer is taking or proposes to take with respect thereto7.01.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (National Auto Finance Co Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!