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 the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 2008, an officer’s certificate signed by the President or any Vice President of the Servicer, dated as of December 31 of the immediately preceding year, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20082024 (or, if such day is not a Business Day, the next succeeding Business Day), an officer’s certificate signed by the President or any Vice President an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance 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 the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the ACOLT Indenture Trustee and the ACOLT Owner Trustee, on or before March 15 of each calendar year, beginning March 15, 20082016 (or, if such day is not a Business Day, the next succeeding Business Day), an officer’s certificate signed by the President or any Vice President an Authorized Officer of the Servicer, Servicer dated as of December 31 of the immediately preceding calendar year, 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 Closing Date to the date of such certificate) and of its the Servicer’s performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements this Agreement, in all material respects respects, throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect respect, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Secured Noteholder or the ACOLT Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the ACOLT Indenture Trustee or the ACOLT Owner Trustee, as applicablerespectively, addressed to the applicable Corporate Trust Office.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March August 15 of each year, beginning March August 15, 20082004, an officer’s 's certificate signed by the President or any Vice President of the Servicer, dated as of December 31 June 30 of the immediately preceding such year, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing 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 such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 200820[ ] (or, if such day is not a Business Day, the next succeeding Business Day), an officer’s certificate signed by the President or any Vice President an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding 12-twelve (12-) month period (or, with respect to the first such certificate, such period as shall have elapsed from the [Initial] Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the ACOLT Indenture Trustee and the ACOLT Owner Trustee, on or before March 15 of each calendar year, beginning March 15, 20082015 (or, if such day is not a Business Day, the next succeeding Business Day), an officer’s certificate signed by the President or any Vice President an Authorized Officer of the Servicer, Servicer dated as of December 31 of the immediately preceding calendar year, 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 Closing Date to the date of such certificate) and of its the Servicer’s performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements this Agreement, in all material respects respects, throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect respect, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Secured Noteholder or the ACOLT Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the ACOLT Indenture Trustee or the ACOLT Owner Trustee, as applicablerespectively, addressed to the applicable Corporate Trust Office.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20082009, an officer’s certificate signed by the President or any Vice President of the Servicer, dated as of December 31 of the immediately preceding year, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20082007, an officer’s 's certificate signed by the President or any Vice President of the Servicer, dated as of December 31 of the immediately preceding year, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s 's supervision and (ii) to the best of such officer’s 's knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20082007, an officer’s certificate signed by the President or any Vice President of the Servicer, dated as of December 31 of the immediately preceding year, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture each Trustee and the Owner TrusteeInsurer (with a copy to the Noteholders), on or before March April 15 of each year, beginning March April 15, 20082006, an officer’s certificate signed by the President or any Vice President an Executive Officer of the initial Servicer (or by an appropriate officer of any successor Servicer), dated as of December 31 of the immediately preceding yearDecember 31, 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 Closing Date to the date of such certificateDecember 31, 2005) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any Noteholder or Certificateholder any Registered Owner by a request in writing to the Issuing Entity Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicablerespectively.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March August 15 of each year, beginning March August 15, 20082002, an officer’s 's certificate signed by the President or any Vice President of the Servicer, dated as of December 31 June 30 of the immediately preceding such year, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing 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 such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20082009, an officer’s certificate signed by the President or any Vice President of the Servicer, dated as of December 31 of the immediately preceding year, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20082005, an officer’s 's certificate signed by the President or any Vice President of the Servicer, dated as of December 31 of the immediately preceding year, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s 's supervision and (ii) to the best of such officer’s 's knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March August 15 of each year, beginning March August 15, 20082003, an officer’s 's certificate signed by the President or any Vice President of the Servicer, dated as of December 31 June 30 of the immediately preceding such year, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing 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 such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to Issuer, the Indenture Trustee and the Owner TrusteeCollateral Agent, on or before March 15 February 1 of each year, beginning March 15, 2008with the first February 1 which is at least twelve months after the Closing Date, an officer’s 's certificate signed by the Chairman of the Board, Vice Chairman of the Board, the President or any Vice President of the Servicer, dated as of December 31 of the immediately preceding yearOctober 31, 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 Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Titling Trust Servicing 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 such agreements in all material respects this Agreement and the Titling Trust Servicing Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity Indenture Trustee, addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 200820 (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s certificate signed by the President or any Vice President an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding 12-twelve (12-) month period (or, with respect to the first such certificate, such period as shall have elapsed from the [Initial] Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture each Trustee and the Owner TrusteeAdministrative Agent (with a copy to the Noteholders), on or before March April 15 of each year, beginning March April 15, 20082010, an officer’s certificate signed by the President or any Vice President an Executive Officer of the initial Servicer (or by an appropriate officer of any successor Servicer), dated as of December 31 of the immediately preceding yearDecember 31, in each instance 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 the date of such certificateDecember 31, 2009) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any Noteholder or Certificateholder any Registered Owner by a request in writing to the Issuing Entity Issuer addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicablerespectively.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the AFLT Indenture Trustee and the AFLT Owner Trustee, on or before March 15 of each year, year beginning March 15, 200820 (or, if such day is not a Business Day, the next succeeding Business Day), an officer’s certificate signed by the President or any Vice President an Authorized Officer of the Servicer, Servicer dated as of December 31 of the immediately preceding year, 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 Closing Date to the date of such certificate) and of its the Servicer’s performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements this Agreement, in all material respects respects, throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect respect, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Secured Noteholder or the AFLT Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the AFLT Indenture Trustee or the AFLT Owner Trustee, as applicablerespectively, addressed to the applicable Corporate Trust Office.

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 200820[___], an officer’s certificate signed by the President or any Vice President of the Servicer, dated as of December 31 of the immediately preceding year, 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 [Initial] Closing Date to the date of such certificate) and of its performance under this Agreement and under the Pooling and Servicing Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under such agreements in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable.