Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 7 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He6), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5)
Annual Statement as to Compliance. Each Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and each Servicer shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Securities Administrator, the Master Servicer, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such a Servicer's or any related Subservicer's obligations. The obligations of the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), each Servicer and each or Subservicer under this Section apply to the Securities Administrator and the Master Servicer, and each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Securities Administrator, Master Servicer, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He8), Pooling and Servicing Agreement (GSAMP Trust 2006-Nc2)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivereddeliver, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered delivered, to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults failure by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Servicer or such Subservicer is acting as a Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 15th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year. In the event the Servicer or any Subservicer engaged by the Servicer is terminated or resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of a Subservicer, as the case may be, such party shall provide with respect to the year of termination an Officer's Certificate pursuant to this Section 3.22 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation, but only covering the period prior to such termination.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (EquiFirst Loan Securitization Trust 2007-1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Br5), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-He1)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th (March 15th with respect to Saxon) of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th (March 15th with respect to Saxon) in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He4), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He2)
Annual Statement as to Compliance. Each Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee Master Servicer (and the Trustee Master Servicer shall deliver or otherwise make available to the Depositor Depositor, the Securities Administrator, the Rating Agencies and the Rating AgenciesTrustee) on or before March 5th (March 15th with respect to Saxon) of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of the Securities Administrator, the Master Servicer, such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Securities Administrator, the Master Servicer, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the Securities Administrator, the Master Servicer, the applicable Servicer or Subservicer as to the nature of any defaults by the Securities Administrator, the Master Servicer, the applicable Servicer or any related Subservicer in the fulfillment of any of the Securities Administrator's, the Master Servicer's, such Servicer's or any related Subservicer's obligations. The obligations of the Securities Administrator, the Master Servicer, each Servicer and each Subservicer under this Section 3.22 apply to the Securities Administrator, the Master Servicer, each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not the Securities Administrator, the Master Servicer, such Servicer or such Subservicer is acting as Securities Administrator, Master Servicer, a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Subservicers, the Master Servicer, the Securities Administrator or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th (March 15th with respect to Saxon) in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He6), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc2)
Annual Statement as to Compliance. Each Not later than the earlier of (a) March 15 of each calendar year (other than the calendar year during which the Closing Date occurs) or (b) with respect to any calendar year during which the Company's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission, 15 Business Days before the date on which the Company's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission (or, in each case, if such day is not a Business Day, the immediately preceding Business Day), the Master Servicer at its own expense shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available Trustee, with a copy to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate a certificate signed by a Servicing Officer stating, as to each signatory the signers thereof, that (i) a review of the activities of such the Master Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Master Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout for such year, or, if there has been a default in the fulfillment of any such obligation in any material respectobligation, specifying each such default known to such officers officer and the nature and status thereof. Promptly after receipt thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Sub-Servicer during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31 and its performance under its Sub-Servicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Sub-Servicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as default known to the nature Servicing Officer. Copies of any defaults such statements shall be provided by the applicable Master Servicer to the Certificateholders upon request or any related Subservicer in by the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer Trustee at the time such Officer's Certificate is required to be delivered. None expense of the Servicers or Subservicer or any Servicing Function Participant shall be required Master Servicer should the Master Servicer fail to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearprovide such copies.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp Mortgage Pass-Through Certificates, Series 2004-2), Pooling and Servicing Agreement (Impac Secured Assets Corp Mort Pass THR Certs Ser 2003-2), Pooling and Servicing Agreement (Impac Secured Assets Corp Mortgage Pass THR Cert Ser 2003-1)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivereddeliver, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered delivered, to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults failure by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Servicer or such Subservicer is acting as a Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 15th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year. In the event the Servicer or any Subservicer engaged by the Servicer is terminated or resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of a Subservicer, as the case may be, such party shall provide with respect to the year of termination an Officer's Certificate pursuant to this Section 3.22 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation, but only covering the period prior to such termination.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm4), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr4)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivereddeliver, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available, to the Depositor Depositor, the Rating Agencies and the Rating Agencies) Trustee on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Trustee, Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Trustee, Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Trustee, Servicer or Subservicer as to the nature of any defaults by the applicable Trustee, Servicer or any related Subservicer in the fulfillment of any of such the Trustee's, the Servicer's or any related Subservicer's obligations. The obligations of each the Trustee, the Servicer and each Subservicer under this Section apply to each the Trustee, the Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Trustee, the Servicer or such Subservicer is acting as a the Trustee, the Servicer or a such Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Servicer, the Trustee or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 4 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Wmc1)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in March 2007, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)
Annual Statement as to Compliance. Each of the Master Servicer shall and the Special Servicer will deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available Trustee, with a copy to the Depositor and the Rating Agencies) Depositor, on or before March 5th __________ of each calendar year, commencing in 2007beginning _________, 200_, an Officer's Certificate stating, as to each signatory thereof, stating that (i) a review of the activities of such the Master Servicer or Subservicerthe Special Servicer, as applicablethe case may be, during the preceding calendar year year, and of its performance under this Agreement during such calendar year, has been made under the signing officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer or the applicable Subservicing AgreementSpecial Servicer, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has in all material respects fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such calendar year, or, if there has been a material default in the fulfillment of any such obligation in any material respectobligation, specifying each such default known to such officers officer and the nature and status thereof, and (iii) the Master Servicer or the Special Servicer, as the case may be, has received no notice regarding the qualification or status as a REMIC of, or otherwise asserting a tax (other than ad valorem real property taxes or other similar taxes on REO Property) on the income or assets of, any portion of the Trust Fund from the Internal Revenue Service or from any other governmental agency or body or, if it has received any such notice, specifying the details thereof. Promptly after receipt The signing officer shall have no personal liability with respect to the content of each any such Officer's Certificatestatement, and the Master Servicer or the Special Servicer, as the case may be, shall be deemed to have made such statement and shall assume any liability resulting therefrom. The Master Servicer and the Special Servicer, to the extent applicable, will reasonably cooperate with the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of conforming any Officer's Certificate required by delivered pursuant to this Section until March 10th in any given year so long as it has received written confirmation from 3.13 to requirements imposed by the Commission on the Depositor that in connection with the Commission's issuance of a Form 10no-K is not required action letter relating to be filed the Depositor's reporting requirements in respect of the Trust for pursuant to the preceding calendar yearExchange Act.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc)
Annual Statement as to Compliance. Each Not later than March 1 of each calendar year (other than the calendar year during which the Closing Date occurs), each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and each Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit P stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the related Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the related Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer and the Securities Administrator shall deliver (or otherwise make available) (and the Master Servicer and Securities Administrator shall cause any Servicing Function Participant engaged by it to deliver) to the Depositor and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of each such Officer's Certificateyear, the Depositor shall review each such commencing in March 2008, an Officer's Certificate andstating, if applicable, consult with the applicable Servicer or Subservicer as to the nature signer thereof, that (A) a review of any defaults by such party's activities during the preceding calendar year or portion thereof and of such party's performance under this Agreement, or such other applicable Servicer or any related Subservicer agreement in the fulfillment case of any a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such Servicerofficer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any related Subservicer's obligationssuch obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The obligations Master Servicer shall include all annual statements of compliance received by it from each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required with its own annual statement of compliance to be deliveredsubmitted to the Securities Administrator pursuant to this Section. None of In the Servicers or Subservicer event the Master Servicer, the Securities Administrator or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under or resigns pursuant to the terms of this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide, an annual statement of compliance pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 3.16 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearsuch termination, assignment or resignation.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-3), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar5)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Servicer or such Subservicer is acting as a the Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (FFMLT 2006-Ff6), Pooling and Servicing Agreement (FFMLT Trust 2006-Ff3), Pooling and Servicing Agreement (FFMLT Trust 2006-Ff4)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor Depositor, the Certificate Insurer and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in 2007March 2008, an Officer's ’s Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party’s activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party’s performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer’s supervision, and (iiB) to the best of such officers' officer’s knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer’s knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor (and the Master Servicer shall make it available the Certificate Insurer) an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement. The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs)
Annual Statement as to Compliance. Each Not later than March 1st for each calendar year (other than the calendar year during which the Closing Date occurs), the Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and the Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit V stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer and the Securities Administrator shall deliver (or otherwise make available) (and the Master Servicer and Securities Administrator shall cause any Servicing Function Participant engaged by it to deliver) to the Depositor and the Securities Administrator on or before March 1 (with a twelve-calendar day cure period) of each such Officer's Certificateyear, the Depositor shall review each such commencing in March 2008, an Officer's Certificate andstating, if applicable, consult with the applicable Servicer or Subservicer as to the nature signer thereof, that (A) a review of any defaults by such party's activities during the preceding calendar year or portion thereof and of such party's performance under this Agreement, or such other applicable Servicer or any related Subservicer agreement in the fulfillment case of any a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such Servicerofficer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any related Subservicer's obligationssuch obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The obligations Master Servicer shall include all annual statements of each compliance received by it from the Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required with its own annual statement of compliance to be deliveredsubmitted to the Securities Administrator pursuant to this Section. None of In the Servicers or Subservicer event the Servicer, the Master Servicer, the Securities Administrator or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under or resigns pursuant to the terms of this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide, an annual statement of compliance pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 9.11 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearsuch termination, assignment or resignation.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series MLCC 2007-1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series MLCC 2007-2), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series MLCC 2007-3)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in 2007March 2008, an Officer's ’s Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party’s activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party’s performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer’s supervision, and (iiB) to the best of such officers' officer’s knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer’s knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement. The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar)
Annual Statement as to Compliance. Each Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer or the Securities Administrator, as applicable, to deliver or cause to be delivered to the Trustee Securities Administrator (and the Trustee Securities Administrator shall deliver or otherwise make available to the Depositor Depositor, the Rating Agencies and the Rating AgenciesTrustee) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of the Securities Administrator, such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Securities Administrator, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the Securities Administrator, the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Securities Administrator, such Servicer or any related Subservicer in the fulfillment of any of the Securities Administrator's, such Servicer's or any related Subservicer's obligations. The obligations of the Securities Administrator, each Servicer and each Subservicer under this Section apply to the Securities Administrator, each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not the Securities Administrator, such Servicer or such Subservicer is acting as the Securities Administrator, a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Servicers, the Securities Administrator or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver (or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee otherwise make available) (and the Trustee Master Servicer and Securities Administrator shall deliver or otherwise make available cause any Servicing Function Participant engaged by it to deliver) to the Depositor Depositor, any NIMs Insurer and the Rating Agencies) Securities Administrator on or before March 5th 1 (with a ten-calendar day cure period) of each calendar year, commencing in 2007March 2008, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof a Servicing Function Participant, has been made under such officers' supervision, officer's supervision and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof a Servicing Function Participant, in all material respects, respects throughout such yearyear or portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall include all annual statements of compliance received by it from each such Officer's CertificateServicer with its own annual statement of compliance to be submitted to the Securities Administrator pursuant to this Section. In the event the Master Servicer, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Securities Administrator or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under or resigns pursuant to the terms of this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide, an annual statement of compliance pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 3.16 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.such termination, assignment or resignation
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3)
Annual Statement as to Compliance. Each Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and each Servicer shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Securities Administrator, the Master Servicer, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such a Servicer's or any related Subservicer's obligations. The obligations of the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), each Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's ’s Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' ’ supervision, and (ii) to the best of such officers' ’ knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's ’s Certificate, the Depositor shall review each such Officer's ’s Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's ’s or any related Subservicer's ’s obligations. The obligations of each the Servicer and each Subservicer under this Section apply to each the Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Servicer or such Subservicer is acting as a the Servicer or a Subservicer at the time such Officer's ’s Certificate is required to be delivered. None of the Servicers Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's ’s Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Nc5), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He7)
Annual Statement as to Compliance. Each of the Master Servicer shall and the Special Servicer will deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and Trustee, the Trustee shall deliver or otherwise make available to the Depositor Paying Agent and the Rating Agencies) , with a copy to the Depositor, on or before March 5th 15th of each calendar year, commencing in 2007beginning March 15, 2006, an Officer's Certificate stating, as to each signatory signer thereof, that (i) a review of the activities of such the Master Servicer or Subservicerthe Special Servicer, as applicablethe case may be, during the preceding calendar year and of its performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer or the applicable Subservicing AgreementSpecial Servicer, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled in all of material respects its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, or, if there has been a material default in the fulfillment of any such obligation in any material respectobligation, specifying each such default known to such officers officer and the nature and status thereof and (iii) the Master Servicer or the Special Servicer, as the case may be, has received no notice regarding qualification, or challenging the status of the Lower-Tier REMIC or the Upper-Tier REMIC as a REMIC from the Internal Revenue Service or any other governmental agency or body or, if it has received any such notice, specifying the details thereof. A copy of such Officer's Certificate may be obtained by Certificateholders upon written request to the Paying Agent pursuant to Section 8.12 hereof. However, to the extent the Commission promulgates new rules with respect to this annual statement of compliance that are required to be implemented with respect to this Agreement, the form of the compliance statement required by this Section 3.13 shall conform to the requirements of the Commission. Promptly after receipt of each such Officer's CertificateCertificates, the Depositor shall review each such Officer's Certificate Certificates and, if applicable, consult with the applicable Master Servicer or Subservicer the Special Servicer, as applicable, as to the nature of any defaults by the applicable Master Servicer or any related Subservicer the Special Servicer, as applicable, in the fulfillment of any of such the Master Servicer's or any related Subservicerthe Special Servicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3), Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3)
Annual Statement as to Compliance. Each The Servicer, the Master Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall Securities Administrator will deliver or otherwise make available (and the Servicer, Master Servicer and Securities Administrator shall cause any Servicing Function Participant engaged by it to deliver) to the Depositor and the Rating Agencies) on or before Securities Administrator, not later than March 5th 15th of each calendar year, commencing year beginning in 20072008, an Officer's Officers’ Certificate (an “Annual Statement of Compliance”) stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, party during the preceding calendar year or portion thereof and of its such party’s performance under this Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' supervision, ’ supervision and (ii) to the best of such officers' ’ knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant in all material respects, respects throughout such calendar year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall include all Annual Statements of each such Officer's CertificateCompliance received by it from the Servicer with its own Annual Statement of Compliance to be submitted to the Securities Administrator pursuant to this Section. In the event the Master Servicer, the Depositor shall review each such Officer's Certificate andSecurities Administrator, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.09, or pursuant to such other applicable agreement, notwithstanding any such termination, assignment or resignation. Failure of the Servicer to timely comply with this Section 3.09 shall be required deemed a Servicer Event of Default, and the Trustee or the Master Servicer, as applicable, may, in addition to cause whatever rights the delivery of any Officer's Certificate required by Trustee or the Master Servicer, as applicable, may have under this Agreement and at law or in equity, including injunctive relief and specific performance, upon notice immediately terminate (as provided in Section until March 10th in any given year so long as it has received written confirmation from 6.01(a)) all the Depositor that a Form 10-K is not required to be filed in respect rights and obligations of the Trust Servicer under this Agreement and in and to the Mortgage Loans and the proceeds thereof without compensating the Servicer for the preceding calendar yearsame (other than the Servicer’s right to reimbursement of unreimbursed Monthly Advances and Servicing Advances and accrued and unpaid Servicing Fees in the manner provided in this Agreement). This paragraph shall supersede any other provision in this Agreement or any other agreement to the contrary.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Servicer and each Subservicer under this Section apply to each the Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Servicer or such Subservicer is acting as a the Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)
Annual Statement as to Compliance. Each The Servicer shall deliver, and shall cause each Subservicer engaged by the Servicer to deliver or cause to be delivered, and the Trustee shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered deliver, to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Trustee, Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such the Trustee, Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Trustee, Servicer or Subservicer as to the nature of any defaults failure by the applicable Trustee, Servicer or any related Subservicer in the fulfillment of any of such the Trustee's, Servicer's or any related Subservicer's obligations. The obligations of each the Trustee, Servicer and each Subservicer under this Section apply to each Trustee, Servicer and each Subservicer that acted as Trustee or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Trustee, the Servicer or such Subservicer is acting as a the Trustee, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Trustee, Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 15th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year. In the event the Servicer, the Trustee or any Subservicer engaged by the Servicer is terminated or resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of a Subservicer, as the case may be, such party shall provide with respect to the year of termination an Officer's Certificate pursuant to this Section 3.22 or to such applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation, but only covering the period prior to such termination.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2)
Annual Statement as to Compliance. Each Servicer The Servicer, at its own expense, shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's ’s Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' officer’s supervision, and (ii) to the best of such officers' officer’s knowledge, based on such review, such Servicer or Subservicer, and each Subcontractor utilized by such Servicer and determined by such Servicer pursuant to Section 3.02(e) to be “participating in a servicing function” within the meaning of Item 1122 of Regulation AB, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's ’s Certificate, the Depositor shall review each such Officer's ’s Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable such Servicer or any related Subservicer in the fulfillment of any of such Servicer's ’s or any related Subservicer's ’s obligations. The obligations of each a Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's ’s Certificate is required to be delivered. None For purposes of (ii) above, the Servicers Servicer or Subservicer will be entitled to rely reasonably upon a certification of any Subcontractor not affiliated with the Servicer or Subservicer. Notwithstanding anything to the contrary set forth herein, the statement required under this Section 3.24 with respect to any Servicing Function Participant Subservicer or Subcontractor shall not be required to cause the delivery of be delivered with respect to any Officer's Certificate required by this Section until March 10th year in any given year so long as it has received written confirmation from the Depositor that a which an annual report on Form 10-K for the Trust is not required to be filed in respect of pursuant to the Trust for the preceding calendar yearExchange Act.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (C-Bass 2007-Cb1 Trust), Pooling and Servicing Agreement (C-Bass 2007-Cb1 Trust)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivereddeliver, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 1st of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Trustee, Servicer or Subservicer as to the nature of any defaults by the applicable Trustee, Servicer or any related Subservicer in the fulfillment of any of such the Trustee's, Servicer's or any related Subservicer's obligations. The obligations of each the Trustee, Servicer and each Subservicer under this Section apply to each Trustee, Servicer and each Subservicer that acted as Trustee or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Trustee, the Servicer or such Subservicer is acting as a the Trustee, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Trustee, Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1)
Annual Statement as to Compliance. Each Servicer The Servicer, at its own expense, shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's ’s Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' ’ supervision, and (ii) to the best of such officers' ’ knowledge, based on such review, such Servicer or Subservicer, and each Subcontractor utilized by such Servicer and determined by such Servicer pursuant to Section 3.02(e) to be “participating in a servicing function” within the meaning of Item 1122 of Regulation AB, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's ’s Certificate, the Depositor shall review each such Officer's ’s Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable such Servicer or any related Subservicer in the fulfillment of any of such Servicer's ’s or any related Subservicer's ’s obligations. The obligations of each a Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's ’s Certificate is required to be delivered. None For purposes of (ii) above, the Servicers Servicer or Subservicer will be entitled to rely reasonably upon a certification of any Subcontractor not affiliated with the Servicer or Subservicer. Notwithstanding anything to the contrary set forth herein, the statement required under this Section 3.24 with respect to any Servicing Function Participant Subservicer or Subcontractor shall not be required to cause the delivery of be delivered with respect to any Officer's Certificate required by this Section until March 10th year in any given year so long as it has received written confirmation from the Depositor that a which an annual report on Form 10-K for the Trust is not required to be filed in respect of pursuant to the Trust for the preceding calendar yearExchange Act.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (C-Bass 2006-Cb7 Trust), Pooling and Servicing Agreement (C-Bass 2006-Cb7 Trust)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in 2007March 2008, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement. The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, and each Subcontractor utilized by such Servicer and determined by such Servicer pursuant to Section 3.02(e) to be "participating in a servicing function" within the meaning of Item 1122 of Regulation AB, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable such Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each a Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None For purposes of (ii) above, the Servicers Servicer or Subservicer will be entitled to rely reasonably upon a certification of any Subcontractor not affiliated with the Servicer or Subservicer. Notwithstanding anything to the contrary set forth herein, the statement required under this Section 3.22 with respect to any Servicing Function Participant Subservicer or Subcontractor shall not be required to cause the delivery of be delivered with respect to any Officer's Certificate required by this Section until March 10th year in any given year so long as it has received written confirmation from the Depositor that a which an annual report on Form 10-K for the Trust is not required to be filed in respect of pursuant to the Trust for the preceding calendar yearExchange Act.
Appears in 2 contracts
Samples: Custodial Agreement (SABR LLC Trust 2006-Cb1), Custodial Agreement (GSAMP Trust 2006-He2)
Annual Statement as to Compliance. Each The Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and the Servicer shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Securities Administrator, the Master Servicer, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 14th of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer and each or Subservicer under this Section 3.22 apply to each the Securities Administrator and the Master Servicer, and the Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Securities Administrator, Master Servicer, Servicer or such Subservicer is acting as a Securities Administrator, Master Servicer, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 3.22 in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-Fm2), Pooling and Servicing Agreement (GSAMP Trust 2007-Fm1)
Annual Statement as to Compliance. Each Not later than March 1 of each calendar year (other than the calendar year during which the Closing Date occurs), each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and each Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit P stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the related Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the related Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer and the Securities Administrator shall deliver (or otherwise make available) (and the Trustee, the Master Servicer and Securities Administrator shall cause any Servicing Function Participant engaged by it to deliver) to the Depositor and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of each such Officer's Certificateyear, the Depositor shall review each such commencing in March 2007, an Officer's Certificate andstating, if applicable, consult with the applicable Servicer or Subservicer as to the nature signer thereof, that (A) a review of any defaults by such party's activities during the preceding calendar year or portion thereof and of such party's performance under this Agreement, or such other applicable Servicer or any related Subservicer agreement in the fulfillment case of any a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such Servicerofficer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any related Subservicer's obligationssuch obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The obligations Master Servicer shall include all annual statements of compliance received by it from each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required with its own annual statement of compliance to be deliveredsubmitted to the Securities Administrator pursuant to this Section. None of In the Servicers or Subservicer event the Master Servicer, the Securities Administrator or any Servicing Function Participant engaged by any such party or the Trustee is terminated, assigns its rights and obligations under or resigns pursuant to the terms of this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide, an annual statement of compliance pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 3.16 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearsuch termination, assignment or resignation.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivereddeliver, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (delivered, and the Trustee Master Servicer shall deliver or otherwise make available deliver, to the Depositor and the Rating Agencies) Trustee on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Master Servicer, Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Master Servicer, such Servicer or such Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the Master Servicer, the applicable Servicer or the applicable Subservicer as to the nature of any defaults by the applicable Master Servicer, such Servicer or any related such Subservicer in the fulfillment of any of the Master Servicer's, such Servicer's or any related such Subservicer's obligations. The obligations of the Master Servicer, each Servicer and each Subservicer under this Section apply to each Master Servicer, Servicer and each Subservicer that acted 109 as Master Servicer or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Master Servicer, any Servicer or such any Subservicer is acting as Master Servicer, a Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Master Servicer, any Servicer or any Servicing Function Participant Subservicer shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 24th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2006-He2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2006-He2)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Servicer and each any Subservicer under this Section apply to each the Servicer and each any Subservicer that serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Servicer or such Subservicer is acting as a the Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Servicer or any Servicing Function Participant Subservicer shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-Nc2), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-Nc2)
Annual Statement as to Compliance. Each Servicer The Servicer, at its own expense, shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, and each Subcontractor utilized by such Servicer and determined by such Servicer pursuant to Section 3.02(e) to be "participating in a servicing function" within the meaning of Item 1122 of Regulation AB, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable such Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each a Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None For purposes of (ii) above, the Servicers Servicer or Subservicer will be entitled to rely reasonably upon a certification of any Subcontractor not affiliated with the Servicer or Subservicer. Notwithstanding anything to the contrary set forth herein, the statement required under this Section 3.24 with respect to any Servicing Function Participant Subservicer or Subcontractor shall not be required to cause the delivery of be delivered with respect to any Officer's Certificate required by this Section until March 10th year in any given year so long as it has received written confirmation from the Depositor that a which an annual report on Form 10-K for the Trust is not required to be filed in respect of pursuant to the Trust for the preceding calendar yearExchange Act.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (C-Bass 2006-Cb2 Trust), Pooling and Servicing Agreement (C-Bass 2006-Cb2 Trust)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered delivered, to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Trustee, Servicer or Subservicer as to the nature of any defaults by the applicable Trustee, Servicer or any related Subservicer in the fulfillment of any of the Trustee's, such Servicer's or any related Subservicer's obligations. The obligations of the Trustee, each Servicer and each Subservicer under this Section apply to the Trustee, each Servicer and each Subservicer that acted as Trustee or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not the Trustee, such Servicer or such Subservicer is acting as the Trustee, a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers Trustee, Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Msac 2006-Nc1), Pooling and Servicing Agreement (Msac 2006-Nc1)
Annual Statement as to Compliance. Each The Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and the Servicer shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Securities Administrator, the Master Servicer, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer and each or Subservicer under this Section apply to each the Securities Administrator and the Master Servicer, and the Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Servicer or such Subservicer is acting as a Securities Administrator, Master Servicer, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-He1), Pooling and Servicing Agreement (GSAMP Trust 2007-He2)
Annual Statement as to Compliance. Each Not later than the date specified in the related Servicing Agreement (or related Assignment Agreement) for each calendar year (other than the calendar year during which the Closing Date occurs), each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and each Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit P stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the related Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the related Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer and the Securities Administrator shall deliver (or otherwise make available) (and the Trustee, the Master Servicer and Securities Administrator shall cause any Servicing Function Participant engaged by it to deliver) to the Depositor and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of each such Officer's Certificateyear, the Depositor shall review each such commencing in March 2007, an Officer's Certificate andstating, if applicable, consult with the applicable Servicer or Subservicer as to the nature signer thereof, that (A) a review of any defaults by such party's activities during the preceding calendar year or portion thereof and of such party's performance under this Agreement, or such other applicable Servicer or any related Subservicer agreement in the fulfillment case of any a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such Servicerofficer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any related Subservicer's obligationssuch obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The obligations Master Servicer shall include all annual statements of compliance received by it from each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required with its own annual statement of compliance to be deliveredsubmitted to the Securities Administrator pursuant to this Section. None of In the Servicers or Subservicer event the Master Servicer, the Securities Administrator or any Servicing Function Participant engaged by any such party or the Trustee is terminated, assigns its rights and obligations under or resigns pursuant to the terms of this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide, an annual statement of compliance pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 3.16 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearsuch termination, assignment or resignation.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1), Pooling and Servicing Agreement (Merrill Lynch Investors Trust, Series 2006-A2)
Annual Statement as to Compliance. Each Not later than March 1 of each calendar year (other than the calendar year during which the Closing Date occurs), each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and each Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit P stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the related Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the related Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer and the Securities Administrator shall deliver (or otherwise make available) (and the Trustee, the Master Servicer and Securities Administrator shall cause any Servicing Function Participant engaged by it to deliver) to the Depositor and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of each such Officer's Certificateyear, the Depositor shall review each such commencing in March 2008, an Officer's Certificate andstating, if applicable, consult with the applicable Servicer or Subservicer as to the nature signer thereof, that (A) a review of any defaults by such party's activities during the preceding calendar year or portion thereof and of such party's performance under this Agreement, or such other applicable Servicer or any related Subservicer agreement in the fulfillment case of any a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such Servicerofficer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any related Subservicer's obligationssuch obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The obligations Master Servicer shall include all annual statements of compliance received by it from each Servicer with its own annual statement of compliance to be submitted to the Securities Administrator pursuant to this Section. For the avoidance of doubt, the Master Servicer and each Subservicer under the Securities Administrator may satisfy the requirements of this Section apply to 3.16 by each Servicer and each Subservicer that serviced delivering a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None single annual statement of compliance containing all of the Servicers or Subservicer information required pursuant to this Section 3.16. In the event the Master Servicer, the Securities Administrator or any Servicing Function Participant engaged by any such party or the Trustee is terminated, assigns its rights and obligations under or resigns pursuant to the terms of this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide, an annual statement of compliance pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 3.16 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearsuch termination, assignment or resignation.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-F1), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-F1)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 2 contracts
Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in 2007March 2008, an Officer's ’s Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party’s activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party’s performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer’s supervision, and (iiB) to the best of such officers' officer’s knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer’s knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor Depositor, the Certificate Insurer and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in March 2007, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor (and the Master Servicer shall make it available the Certificate Insurer) an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement. The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs)
Annual Statement as to Compliance. Each Not later than March 1 of each calendar year (other than the calendar year during which the Closing Date occurs), each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and each Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit P stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the related Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the related Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Master Servicer and each Subservicer under this Section apply to each the Securities Administrator shall deliver (or otherwise make available) (and the Master Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or Securities Administrator shall cause any Servicing Function Participant shall be required engaged by it to cause deliver) to the delivery Depositor and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of any each year, commencing in March 2007, an Officer's Certificate required by this Section until March 10th in any given year so long stating, as it has received written confirmation from to the Depositor signer thereof, that (A) a Form 10-K is not required to be filed in respect review of the Trust for such party's activities during the preceding calendar yearyear or portion thereof and of such party's performance under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such officer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof.
Appears in 1 contract
Samples: Custodial Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivereddeliver, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (delivered, and the Trustee Master Servicer shall deliver or otherwise make available deliver, to the Depositor and the Rating Agencies) Trustee on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Master Servicer, Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Master Servicer, such Servicer or such Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the Master Servicer, the applicable Servicer or the applicable Subservicer as to the nature of any defaults by the applicable Master Servicer, such Servicer or any related such Subservicer in the fulfillment of any of the Master Servicer's, such Servicer's or any related such Subservicer's obligations. The obligations of the Master Servicer, each Servicer and each Subservicer under this Section apply to each Master Servicer, Servicer and each Subservicer that acted as Master Servicer or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Master Servicer, any Servicer or such any Subservicer is acting as Master Servicer, a Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Master Servicer, any Servicer or any Servicing Function Participant Subservicer shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th [24th] in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Annual Statement as to Compliance. Each Not later than March 1 of each calendar year (other than the calendar year during which the Closing Date occurs), the Servicer shall deliver (or cause to be delivered, otherwise make available) and shall cause each Subservicer any Servicing Function Participant engaged by such Servicer it to deliver or cause to be delivered to the Trustee (Master Servicer, the Securities Administrator and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate in the form attached hereto as Exhibit K stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer and the Securities Administrator shall deliver (or otherwise make available) (and the Master Servicer and Securities Administrator shall cause any Servicing Function Participant engaged by it to deliver) to the Depositor and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of each such Officer's Certificateyear, the Depositor shall review each such commencing in March 2008, an Officer's Certificate andstating, if applicable, consult with the applicable Servicer or Subservicer as to the nature signer thereof, that (A) a review of any defaults by such party's activities during the preceding calendar year or portion thereof and of such party's performance under this Agreement, or such other applicable Servicer or any related Subservicer agreement in the fulfillment case of any a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such Servicerofficer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any related Subservicer's obligationssuch obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The obligations Master Servicer shall include all annual statements of each compliance received by it from the Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required with its own annual statement of compliance to be deliveredsubmitted to the Securities Administrator pursuant to this Section. None of In the Servicers or Subservicer event the Master Servicer, the Securities Administrator or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under or resigns pursuant to the terms of this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide, an annual statement of compliance pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 3.15 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearsuch termination, assignment or resignation.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-2)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, year (or March 15th in the case of Saxon) commencing in 20072008, an Officer's ’s Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' ’ supervision, and (ii) to the best of such officers' ’ knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's ’s Certificate, the Depositor shall review each such Officer's ’s Certificate and, if applicable, consult with the applicable such Servicer or Subservicer as to the nature of any defaults by the applicable that Servicer or any related Subservicer in the fulfillment of any of such Servicer's ’s or any related Subservicer's ’s obligations. The obligations of each any Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's ’s Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's ’s Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc1)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor Depositor, the Certificate Insurer and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in March 2007, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt 121 The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor (and the Master Servicer shall make it available the Certificate Insurer) an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement. The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)
Annual Statement as to Compliance. Each Not later than the earlier of (a) March 15 of each calendar year (other than the calendar year during which the Closing Date occurs) or (b) with respect to any calendar year during which the Company's annual report on Form 10-K is required to be filed in accordance with the 76 Exchange Act and the rules and regulations of the Commission, 15 Business Days before the date on which the Company's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission (or, in each case, if such day is not a Business Day, the immediately preceding Business Day), the Master Servicer at its own expense shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available Trustee, with a copy to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate a certificate signed by a Servicing Officer stating, as to each signatory the signers thereof, that (i) a review of the activities of such the Master Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Master Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout for such year, or, if there has been a default in the fulfillment of any such obligation in any material respectobligation, specifying each such default known to such officers officer and the nature and status thereof. Promptly after receipt thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Sub-Servicer during the Sub-Servicer's most recently ended fiscal year on or prior to such December 31 and its performance under its Sub-Servicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Sub-Servicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Sub-Servicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Sub-Servicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as default known to the nature Servicing Officer. Copies of any defaults such statements shall be provided by the applicable Master Servicer to the Certificateholders upon request or any related Subservicer in by the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer Trustee at the time such Officer's Certificate is required to be delivered. None expense of the Servicers or Subservicer or any Servicing Function Participant shall be required Master Servicer should the Master Servicer fail to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearprovide such copies.
Appears in 1 contract
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's ’s Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or such Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' officer’s supervision, and (ii) to the best of such officers' officer’s knowledge, based on such review, such the Servicer or any Subservicer, and each Subcontractor utilized by the Servicer and determined by the Servicer pursuant to Section 3.30(e) to be “participating in a servicing function” within the meaning of Item 1122 of Regulation AB, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's ’s Certificate, the Depositor shall review each such Officer's ’s Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's ’s or any related Subservicer's ’s obligations. The obligations of each the Servicer and each or a Subservicer under this Section apply to each any Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Servicer or such a Subservicer is acting as a the Servicer or a Subservicer at the time such Officer's ’s Certificate is required to be delivered. None For purposes of (ii) above, the Servicers Servicer or Subservicer will be entitled to rely reasonably upon a certification of any Subcontractor not affiliated with the Servicer or Subservicer. Notwithstanding anything to the contrary set forth herein, the statement required under this Section 3.19 with respect to any Servicing Function Participant Subservicer or Subcontractor shall not be required to cause the delivery of be delivered with respect to any Officer's Certificate required by this Section until March 10th year in any given year so long as it has received written confirmation from the Depositor that a which an annual report on Form 10-K for the Trust is not required to be filed in respect of pursuant to the Trust for the preceding calendar yearExchange Act.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust)
Annual Statement as to Compliance. Each The Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and the Servicer shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Securities Administrator, the Master Servicer, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 14th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer and each or Subservicer under this Section 3.22 apply to each the Securities Administrator and the Master Servicer, and the Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Securities Administrator, Master Servicer, Servicer or such Subservicer is acting as a Securities Administrator, Master Servicer, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 3.22 in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-Fm3)
Annual Statement as to Compliance. Each The Master Servicer and Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and cause any Subservicer or Subcontractor that meets the criteria in Item 1108(a)(2)(i), (ii) or (iii) of Regulation AB to deliver, to the Depositor and (with a copy to the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072009, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Master Servicer or Subservicerand Securities Administrator, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Master Servicer or Subservicerand Securities Administrator, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Master Servicer or Subservicer and Securities Administrator, as applicable, as to the nature of any defaults by the applicable Master Servicer or any related Subservicer and Securities Administrator, as applicable, in the fulfillment of any of such the Master Servicer's or any related Subservicerand Securities Administrator's obligations, as applicable. The obligations of each the Master Servicer and each Subservicer Securities Administrator, as applicable, under this Section apply to each Master Servicer and each Subservicer Securities Administrator, that serviced a Mortgage Loan acted as Master Servicer and Securities Administrator during the applicable period, whether or not such Servicer or such Subservicer Person is acting as a the Master Servicer or a Subservicer and Securities Administrator at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, review such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable such Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section 3.22 apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Assignment and Recognition Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2)
Annual Statement as to Compliance. Each Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and each Servicer shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Securities Administrator, the Master Servicer, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such a Servicer's or any related Subservicer's obligations. The obligations of the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), each Servicer and each or Subservicer under this Section apply to the Securities Administrator, the Master Servicer and each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Securities Administrator, Master Servicer, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-Nc1)
Annual Statement as to Compliance. Each Not later than March 1 of each calendar year (other than the calendar year during which the Closing Date occurs), each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and each Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit P stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the related Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the related Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer and the Securities Administrator shall deliver (or otherwise make available) (and the Master Servicer and Securities Administrator shall cause any Servicing Function Participant engaged by it to deliver) to the Depositor, any NIMs Insurer and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of each such Officer's Certificateyear, the Depositor shall review each such commencing in March 2008, an Officer's Certificate andstating, if applicable, consult with the applicable Servicer or Subservicer as to the nature signer thereof, that (A) a review of any defaults by such party's activities during the preceding calendar year or portion thereof and of such party's performance under this Agreement, or such other applicable Servicer or any related Subservicer agreement in the fulfillment case of any a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such Servicerofficer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any related Subservicer's obligationssuch obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The obligations Master Servicer shall include all annual statements of compliance received by it from each Servicer with its own annual statement of compliance to be submitted to the Securities Administrator pursuant to this Section. For the avoidance of doubt, the Master Servicer and each Subservicer under the Securities Administrator may satisfy the requirements of this Section apply to 3.16 by each Servicer and each Subservicer that serviced delivering a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None single annual statement of compliance containing all of the Servicers or Subservicer information required pursuant to this Section 3.16. In the event the Master Servicer, the Securities Administrator or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under or resigns pursuant to the terms of this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide, an annual statement of compliance pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 3.16 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearsuch termination, assignment or resignation.
Appears in 1 contract
Samples: Custodial Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A3)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before Trustee, not later than March 5th 15 of each calendar year, commencing year beginning in 2007, an Officer's Officers' Certificate stating, as to each signatory thereof, (an "Annual Statement of Compliance") stating that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, supervision and (ii) to the best of such officers' knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. The Servicer shall deliver a similar Annual Statement of Compliance by any subservicer to which the Servicer has delegated any servicing responsibilities with respect to the Mortgage Loans (unless a Form 15 Suspension Notice shall have been filed with respect to the Trust Fund and so long as the Trust Fund is subject to the Exchange Act reporting requirements), to the Depositor and the Trustee as described above as and when required with respect to the Servicer. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Servicer or such Subservicer is acting as a the Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S6)
Annual Statement as to Compliance. Each Not later than March 1 of each calendar year (other than the calendar year during which the Closing Date occurs), each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and each Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit P stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the related Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the related Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt of each such Officer's CertificateThe Master Servicer and the Securities Administrator shall deliver (or otherwise make available) (and the Trustee, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Master Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or Securities Administrator shall cause any Servicing Function Participant shall be required engaged by it to cause deliver) to the delivery Depositor and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of any each year, commencing in March 2007, an Officer's Certificate required by this Section until March 10th in any given year so long stating, as it has received written confirmation from to the Depositor signer thereof, that (A) a Form 10-K is not required to be filed in respect review of the Trust for such party's activities during the preceding calendar year.year or portion thereof and of such party's performance under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such officer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The Master Servicer shall include all annual statements of compliance received by it from each Servicer with its own annual statement of compliance to be submitted to the Securities
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in 2007March 2008, an Officer's ’s Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party’s activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party’s performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer’s supervision, and (iiB) to the best of such officers' officer’s knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer’s knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement. The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligationsSecurities Administrator pursuant to this Section. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.168
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)
Annual Statement as to Compliance. Each The Servicer shall deliver, and shall cause each Subservicer engaged by the Servicer to deliver or cause to be delivered, and the Trustee shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered deliver, to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Trustee, Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such the Trustee, Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Trustee, Servicer or Subservicer as to the nature of any defaults failure by the applicable Trustee, Servicer or any related Subservicer in the fulfillment of any of such the Trustee's, Servicer's or any related Subservicer's obligations. The obligations of each the Trustee, Servicer and each Subservicer under this Section apply to each Trustee, Servicer and each Subservicer that acted as Trustee or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Trustee, the Servicer or such Subservicer is acting as a the Trustee, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Trustee, Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 15th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (SABR LLC Trust 2006-Fr1)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in March 2007, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt 122 The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)
Annual Statement as to Compliance. Each Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee Master Servicer (and the Trustee Master Servicer shall deliver or otherwise make available to the Depositor Depositor, the Securities Administrator, the Rating Agencies and the Rating AgenciesTrustee) on or before March 5th of each calendar yearyear (March 15th with respect to Saxon), commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of the Securities Administrator, the Master Servicer, such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Securities Administrator, the Master Servicer, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the Securities Administrator, the Master Servicer, the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Securities Administrator, the Master Servicer, such Servicer or any related Subservicer in the fulfillment of any of the Securities Administrator's, the Master Servicer's, such Servicer's or any related Subservicer's obligations. The obligations of the Securities Administrator, the Master Servicer, each Servicer and each Subservicer under this Section apply to the Securities Administrator, the Master Servicer, each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not the Securities Administrator, the Master Servicer, such Servicer or such Subservicer is acting as the Securities Administrator, Master Servicer, a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Servicers, the Master Servicer, the Securities Administrator or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's ’s Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' ’ supervision, and (ii) to the best of such officers' ’ knowledge, based on such review, such Servicer or Subservicer, and each Subcontractor utilized by such Servicer and determined by such Servicer pursuant to Section 3.02(e) to be “participating in a servicing function” within the meaning of Item 1122 of Regulation AB, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's ’s Certificate, the Depositor shall review each such Officer's ’s Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable such Servicer or any related Subservicer in the fulfillment of any of such Servicer's ’s or any related Subservicer's ’s obligations. The obligations of each a Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's ’s Certificate is required to be delivered. None For purposes of (ii) above, the Servicers Servicer or Subservicer will be entitled to rely reasonably upon a certification of any Subcontractor not affiliated with the Servicer or Subservicer. Notwithstanding anything to the contrary set forth herein, the statement required under this Section 3.22 with respect to any Servicing Function Participant Subservicer or Subcontractor shall not be required to cause the delivery of be delivered with respect to any Officer's Certificate required by this Section until March 10th year in any given year so long as it has received written confirmation from the Depositor that a which an annual report on Form 10-K for the Trust is not required to be filed in respect of pursuant to the Trust for the preceding calendar yearExchange Act.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Trust 2007-Cb2)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's ’s Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' ’ supervision, and (ii) to the best of such officers' ’ knowledge, based on such review, such Servicer or Subservicer, and each Subcontractor utilized by such Servicer and determined by such Servicer pursuant to Section 3.02(e) to be “participating in a servicing function” within the meaning of Item 1122 of Regulation AB, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's ’s Certificate, the Depositor shall review each such Officer's ’s Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable such Servicer or any related Subservicer in the fulfillment of any of such Servicer's ’s or any related Subservicer's ’s obligations. The obligations of each a Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's ’s Certificate is required to be delivered. None For purposes of (ii) above, the Servicers Servicer or Subservicer will be entitled to rely reasonably upon a certification of any Subcontractor not affiliated with the Servicer or Subservicer. Notwithstanding anything to the contrary set forth herein, the statement required under this Section 3.22 with respect to any Servicing Function Participant Subservicer or Subcontractor shall not be required to cause the delivery of be delivered with respect to any Officer's Certificate required by this Section until March 10th year in any given year so long as it has received written confirmation from the Depositor that a which an annual report on Form 10-K for the Trust is not required to be filed in respect of pursuant to the Trust for the preceding calendar yearExchange Act.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Cb5)
Annual Statement as to Compliance. Each Not later than (a) March 15 of each calendar year (other than the calendar year during which the Closing Date occurs) or (b) with respect to any calendar year during which an annual report on Form 10-K is not required to be filed pursuant to Section 3.20 on behalf of the Issuing Entity, by April 15 of each calendar year (or if such day is not a Business Day, the immediately succeeding Business Day), each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, Master Servicer and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Securities Administrator, an Officer's Certificate in the form attached hereto as Exhibit D stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its the performance of such Servicer under this Servicing Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Servicing Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt With respect to any Subservicer that meets the criteria of Item 1108(a)(2)(i) through (iii) of Regulation AB, the related Servicer shall cause each such Officer's Certificate, Subservicer to deliver the Depositor shall review each such Officer's Certificate andset forth in this Section 3.17 as and when required with respect to such Subservicer. Notwithstanding the forgoing, if applicable, consult with such Servicer shall provide the applicable Servicer or Subservicer Annual Statements as to Compliance only with respect to the nature of any defaults by time period in which it serviced the applicable Servicer or any related Subservicer in Mortgage Loans after the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer Closing Date, and each Subservicer under this Section apply to each Servicer and each Subservicer provided further that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause deliver such Annual Statement as to Compliance to the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from NIMs Insurer only to the Depositor that a Form 10-K extent such Servicer is not required to be filed in respect of provided with the Trust contact information for the preceding calendar yearsuch NIMs Insurer.
Appears in 1 contract
Samples: Mortgage Loan Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2007-Sl1)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in March 2007, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Regulation AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligationsSecurities Administrator pursuant to this Section. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.127
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause will provide to be deliveredthe Borrower, the Agent (and if so requested by Agent, with copies for each Lender), and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and Collateral Custodian, within 90 days following the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th end of each calendar yearfiscal year of the Servicer, commencing in 2007with the fiscal year ending on December 31, 2019, an Officer's Certificate stating, as to each signatory thereof, annual report signed by a Responsible Officer of the Servicer certifying that (ia) a review of the activities of such Servicer or Subservicerthe Servicer, as applicable, during and the preceding calendar year and of its Servicer’s performance under pursuant to this Agreement or the applicable Subservicing Agreement, as for the case may be, period ending on the last day of such fiscal year has been made under such officers' supervision, Responsible Officer’s supervision and (iib) the Servicer has performed or has caused to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled be performed in all material respects all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, or, year and no Servicer Default has occurred and is continuing (or if there a Servicer Default has been a default in the fulfillment of any such obligation in any material respectoccurred and is continuing, specifying each such default known to such officers and event, the nature and status thereof. Promptly after receipt of each thereof and the steps necessary to remedy such Officer's Certificateevent, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable a Servicer or Subservicer as Default occurred during such year and no notice thereof has been given to the Agent, specifying such Servicer Default and the steps taken to remedy such event). As for the fiscal year ending on December 31, 2018, the Servicer will provide to the Borrower, the Agent (and if so requested by Agent, with copies for each Lender), and the Collateral Custodian, by not later than March 31, 2018, an annual report signed by a Responsible Officer of the Servicer certifying that (a) a review of the activities of the Servicer under the Hercules III Servicing Agreement, and the Servicer’s performance pursuant to the Hercules III Agreement, for the period ending December 31, 2018 has been made under such Responsible Officer’s supervision and (b) the Servicer has performed or has caused to be performed in all material respects all of its obligations under the Hercules III Agreement throughout the fiscal year ending December 31, 2018 and no Servicer Default has occurred and is continuing (or if a Servicer Default has occurred and is continuing, specifying each such event, the nature of any defaults by and status thereof and the applicable steps necessary to remedy such event, and, if a Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan Default occurred during the applicable periodfiscal year ending December 31, whether or not 2018 and no notice thereof has been given to the Agent, specifying such Servicer or Default and the steps taken to remedy such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearevent).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Hercules Capital, Inc.)
Annual Statement as to Compliance. Each The Servicer shall will deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) Depositor, on or before March 5th April 30 of each calendar year, commencing in 2007beginning April 30, 1997, an Officer's Certificate stating, stating as to each signatory signer thereof, that (ia) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year (or during the period from the Closing Date until the end of the preceding calendar year in the case of the first such certificate) and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' officer's supervision, and ; (iib) to the best of such officers' officer's knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such yearperiod, or, or if there has been a default in the fulfillment of any such obligation in any material respectobligation, specifying each such default known to such officers officer and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, ; and (c) whether the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from any notice regarding qualification or challenging the Depositor that a Form 10-K is not required to be filed in respect status of the Trust for REMIC as a REMIC from the preceding calendar yearInternal Revenue Service or any other governmental agency or body. Copies of such statement shall be provided by the Servicer to the Rating Agency, the Trustee and to any Holder of Certificates upon request, or by the Trustee at the Servicer's expense if the Servicer shall fail to provide such copies and a Responsible Officer of the Trustee is aware of such request and that the Servicer has not so provided copies, provided the Trustee has received such statement. If the long-term or short-term unsecured debt obligations of the Servicer have been rated by the Rating Agency, such statement shall be accompanied by a statement of such rating or ratings, or if such obligations are not rated by the Rating Agency, such statement shall be accompanied by a statement of all the outstanding ratings of the Servicer's obligations from any other rating agency.
Appears in 1 contract
Samples: Trust and Servicing Agreement (Kranzco Realty Trust)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in 2007March 2008, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)
Annual Statement as to Compliance. Each Not later than March 1 of each calendar year (other than the calendar year during which the Closing Date occurs), the Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and the Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit P stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Master Servicer and each Subservicer under this Section apply to each the Securities Administrator shall deliver (or otherwise make available) (and the Master Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or Securities Administrator shall cause any Servicing Function Participant shall be required engaged by it to cause deliver) to the delivery Depositor and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of any each year, commencing in March 2007, an Officer's Certificate required by this Section until March 10th in any given year so long stating, as it has received written confirmation from to the Depositor signer thereof, that (A) a Form 10-K is not required to be filed in respect review of the Trust for such party's activities during the preceding calendar yearyear or portion thereof and of such party's performance under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such officer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof.
Appears in 1 contract
Samples: Custodial Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivereddeliver, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered delivered, an Officer's Certificate (as described below) to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 1st of each calendar year, commencing in 2007 (the Securities Administrator shall deliver such Officer's Certificate to the Depositor within one Business Day of receipt), and the Securities Administrator shall deliver, to the Depositor on or before March 1st of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Securities Administrator, Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Securities Administrator, Servicer or Subservicer as to the nature of any defaults failure by the applicable Securities Administrator, Servicer or any related Subservicer in the fulfillment of to fulfill any of such the Securities Administrator's, Servicer's or any related Subservicer's obligations. The obligations of each the Securities Administrator, Servicer and each Subservicer under this Section apply to each Securities Administrator, Servicer and each Subservicer that acted as Securities Administrator or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Securities Administrator, the Servicer or such Subservicer is acting as a the Securities Administrator, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Securities Administrator, Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 15th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, and each Subcontractor utilized by such Servicer and determined by such Servicer pursuant to Section 3.02(e) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable such Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each a Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None For purposes of (ii) above, the Servicers Servicer or Subservicer will be entitled to rely reasonably upon a certification of any Subcontractor not affiliated with the Servicer or Subservicer. Notwithstanding anything to the contrary set forth herein, the statement required under this Section 3.22 with respect to any Servicing Function Participant Subservicer or Subcontractor shall not be required to cause the delivery of be delivered with respect to any Officer's Certificate required by this Section until March 10th year in any given year so long as it has received written confirmation from the Depositor that a which an annual report on Form 10-K for the Trust is not required to be filed in respect of pursuant to the Trust for the preceding calendar yearExchange Act.
Appears in 1 contract
Annual Statement as to Compliance. Each The Servicer shall deliver, and shall cause each Subservicer engaged by the Servicer to deliver or cause to be delivered, and the Master Servicer shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered deliver, to the Trustee (Depositor, the Securities Administrator and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Master Servicer, Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Master Servicer, the Servicer or such Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereofthereof including the steps being taken by the Master Servicer, Servicer or Subservicer, as applicable. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Master Servicer, the Servicer or the applicable Subservicer as to the nature of any defaults by the applicable Master Servicer, the Servicer or any related such Subservicer in the fulfillment of any of such the Master Servicer's, the Servicer's or any related such Subservicer's obligations. The obligations of each the Master Servicer, the Servicer and each Subservicer under this Section apply to each Master Servicer, Servicer and each Subservicer that acted as Master Servicer or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Master Servicer, the Servicer or such any Subservicer is acting as a Master Servicer, the Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Master Servicer, the Servicer or any Servicing Function Participant Subservicer shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 24th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivereddeliver, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered delivered, and the Master Servicer shall deliver, to the Trustee (Depositor, the Securities Administrator and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Master Servicer, Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Master Servicer, such Servicer or such Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the Master Servicer, the applicable Servicer or the applicable Subservicer as to the nature of any defaults by the applicable Master Servicer, such Servicer or any related such Subservicer in the fulfillment of any of the Master Servicer's, such Servicer's or any related such Subservicer's obligations. The obligations of the Master Servicer, each Servicer and each Subservicer under this Section apply to each Master Servicer, Servicer and each 110 Subservicer that acted as Master Servicer or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such the Master Servicer, any Servicer or such any Subservicer is acting as Master Servicer, a Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Master Servicer, any Servicer or any Servicing Function Participant Subservicer shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th 24th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 1st of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Servicer or such Subservicer is acting as a the Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Trustee, Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in 2007March 2008, an Officer's ’s Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party’s activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party’s performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer’s supervision, and (iiB) to the best of such officers' officer’s knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer’s knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement. The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligationsSecurities Administrator pursuant to this Section. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.ARTICLE X REMIC ADMINISTRATION
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in March 2007, an Officer's Certificate stating, as to each signatory 110 the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)
Annual Statement as to Compliance. Each The Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and the Servicer shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Securities Administrator, the Master Servicer, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 14th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer and each or Subservicer under this Section apply to each the Securities Administrator and the Master Servicer, and the Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Securities Administrator, Master Servicer, Servicer or such Subservicer is acting as a Securities Administrator, Master Servicer, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Servicers Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-Fm2)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such the Servicer's or any related Subservicer's obligations. The obligations of each the Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Servicer or such Subservicer is acting as a the Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of Neither the Servicers or Servicer nor Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He1)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in 2007March 2008, an Officer's ’s Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party’s activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party’s performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer’s supervision, and (iiB) to the best of such officers' officer’s knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer’s knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligationsSecurities Administrator pursuant to this Section. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.144
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)
Annual Statement as to Compliance. Each Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and each Servicer shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Securities Administrator, the Master Servicer, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such a Servicer's or any related Subservicer's obligations. The obligations of the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), each Servicer and each or Subservicer under this Section apply to the Securities Administrator and the Master Servicer, and each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Securities Administrator, Master Servicer, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's Certificate is required to be delivered. None of the Securities Administrator, the Master Servicer, the Trustee (in its capacity as successor master servicer, if applicable), the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-H1)
Annual Statement as to Compliance. Each The Servicer, Master Servicer and the Trust Administrator shall deliver (or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee otherwise make available) (and the Trustee Trustee, the Master Servicer and Trust Administrator shall deliver or otherwise make available cause any Servicing Function Participant engaged by it to deliver) to the Depositor and the Rating Agencies) Trust Administrator on or before March 5th 1 (with a ten-calendar day cure period) of each calendar year, commencing in March 2007, an Officer's ’s Certificate stating, as to each signatory the signer thereof, that (ia) a review of the such party’s activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party’s performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof a Servicing Function Participant, has been made under such officers' supervision, officer’s supervision and (iib) to the best of such officers' officer’s knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof a Servicing Function Participant, in all material respects, respects throughout such yearyear or portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall include all annual statements of compliance received by it from each such Officer's CertificateServicer with its own annual statement of compliance to be submitted to the Trust Administrator pursuant to this Section. In the event the Servicer, Master Servicer, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer Trust Administrator or any Servicing Function Participant engaged by any such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide an Officer’s Certificate pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 3.22 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearsuch termination, assignment or resignation.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-A)
Annual Statement as to Compliance. Each Not later than March 1 of each calendar year (other than the calendar year during which the Closing Date occurs), each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and each Servicer shall cause any Servicing Function Participant engaged by it to deliver to the Depositor Master Servicer, the Securities Administrator and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007Depositor, an Officer's Certificate in the form attached hereto as Exhibit P stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, signatory during the preceding calendar year year, or portion thereof, and of its the performance of such signatory under this the related Servicing Agreement or the such other applicable Subservicing Agreement, as agreement in the case may be, of a Servicing Function Participant has been made under such officers' officer's supervision, and (ii) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, signatory has fulfilled all of its obligations under this Agreement, the related Servicing Agreement or the such other applicable Subservicing Agreement, as the case may be, agreement in all material respects, respects throughout such yearyear or a portion thereof, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer and the Securities Administrator shall deliver (or otherwise make available) (and the Master Servicer and Securities Administrator shall cause any Servicing Function Participant engaged by it to deliver) to the Depositor and the Securities Administrator on or before March 1 (with a ten-calendar day cure period) of each such Officer's Certificateyear, the Depositor shall review each such commencing in March 2008, an Officer's Certificate andstating, if applicable, consult with the applicable Servicer or Subservicer as to the nature signer thereof, that (A) a review of any defaults by such party's activities during the preceding calendar year or portion thereof and of such party's performance under this Agreement, or such other applicable Servicer or any related Subservicer agreement in the fulfillment case of any a Servicing Function Participant, has been made under such officer's supervision and (B) to the best of such Servicerofficer's knowledge, based on such review, such party has fulfilled all its obligations under this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, in all material respects throughout such year or portion thereof, or, if there has been a failure to fulfill any related Subservicer's obligationssuch obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof. The obligations Master Servicer shall include all annual statements of compliance received by it from each Servicer with its own annual statement of compliance to be submitted to the Securities Administrator pursuant to this Section. For the avoidance of doubt, the Master Servicer and each Subservicer under the Securities Administrator may satisfy the requirements of this Section apply to 3.16 by each Servicer and each Subservicer that serviced delivering a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None single annual statement of compliance containing all of the Servicers or Subservicer information required pursuant to this Section 3.16. In the event the Master Servicer, the Securities Administrator or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under or resigns pursuant to the terms of this Agreement, or such other applicable agreement in the case of a Servicing Function Participant, as the case may be, such party shall be required provide, an annual statement of compliance pursuant to cause the delivery of any Officer's Certificate required by this Section until March 10th in 3.16 or to such applicable agreement, as the case may be, notwithstanding any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearsuch termination, assignment or resignation.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A2)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-3)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor as part of the filing package forwarded to the Depositor for review and the Rating Agenciesverification) on or before March 5th of each calendar year, commencing in 2007, an Officer's ’s Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' ’ supervision, and (ii) to the best of such officers' ’ knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's ’s Certificate, the Depositor shall review each such Officer's ’s Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's ’s or any related Subservicer's ’s obligations. The obligations of the Trustee, each Servicer and each Subservicer under this Section apply to the Trustee, each Servicer and each Subservicer that serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's ’s Certificate is required to be delivered. None of the Servicers or any Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's ’s Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Nc3)
Annual Statement as to Compliance. Each The Master Servicer and Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available), to the Depositor and Depositor, the Rating Agencies) Agencies on or before March 5th 1st of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Master Servicer or Subservicerand Securities Administrator, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Master Servicer or Subservicer, as applicable, and Securities Administrator has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Master Servicer or Subservicer and Securities Administrator, as applicable, as to the nature of any defaults by the applicable Master Servicer or any related Subservicer and Securities Administrator, as applicable, in the fulfillment of any of such the Master Servicer's or any related Subservicerand Securities Administrator's obligations, as applicable. The obligations of each the Master Servicer and each Subservicer Securities Administrator, as applicable, under this Section apply to each Master Servicer and each Subservicer Securities Administrator, that serviced a Mortgage Loan acted as Master Servicer and Securities Administrator during the applicable period, whether or not such Servicer or such Subservicer Person is acting as a the Master Servicer or a Subservicer and Securities Administrator at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant The Master Servicer and Securities Administrator shall be required to cause the delivery of any Officer's Certificate required by this Section until by March 10th 15th in any given year so long as it has not received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2006-Aa2)
Annual Statement as to Compliance. Each Servicer and the Group I Master Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) Trustee, on or before March 5th 15 of each calendar year, commencing year beginning in 2007, an Officer's Officers’ Certificate (an “Annual Statement of Compliance”) stating, as to each signatory thereof, that (i) a review of the activities of such the related Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, ’ supervision and (ii) to the best of such officers' ’ knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer the Servicers under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer servicer at the time such Officer's ’s Certificate is required to be delivered. None Each Servicer shall deliver a similar Annual Statement of Compliance by any Subservicer to which such Servicer has delegated any servicing responsibilities with respect to the related Mortgage Loans (unless a Form 15 Suspension Notice shall have been filed with respect to the related portion of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year Trust Fund and so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect related portion of the Trust for Fund is subject to the preceding calendar yearExchange Act reporting requirements), to the Depositor and the Trustee as described above as and when required with respect to such Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAA Home Equity Trust 2006-S1)
Annual Statement as to Compliance. Each (a) The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Underwriter, and the Indenture Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th [1] of each calendar year, commencing in 200720[__], an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Indenture Trustee, Servicer or Subservicer as to the nature of any defaults by the applicable Indenture Trustee, Servicer or any related Subservicer in the fulfillment of any of such the Indenture Trustee's, the Servicer's or any related Subservicer's obligations. The obligations of each the Indenture Trustee, the Servicer and each Subservicer under this Section apply to each the Indenture Trustee, the Servicer and each Subservicer that acted as Indenture Trustee or serviced a Mortgage Loan Home Equity Loan, as applicable, during the applicable period, whether or not such the Indenture Trustee, the Servicer or such Subservicer is acting as a the Indenture Trustee, Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Annual Statement as to Compliance. Each The Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, and each Subcontractor utilized by such Servicer and determined by such Servicer to be "participating in a servicing function" within the meaning of Item 1122 of Regulation AB, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable such Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each a Servicer and each or Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None For purposes of (ii) above, the Servicers Servicer or Subservicer will be entitled to rely reasonably upon a certification of any Subcontractor not affiliated with the Servicer or Subservicer. Notwithstanding anything to the contrary set forth herein, the statement required under this Section 3.19 with respect to any Servicing Function Participant Subservicer or Subcontractor shall not be required to cause the delivery of be delivered with respect to any Officer's Certificate required by this Section until March 10th year in any given year so long as it has received written confirmation from the Depositor that a which an annual report on Form 10-K for the Trust is not required to be filed in respect of pursuant to the Trust for the preceding calendar yearExchange Act.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-Cb4)
Annual Statement as to Compliance. Each The Master Servicer and Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and cause any Subservicer or Subcontractor that meets the criteria in Item 1108(a)(2)(i), (ii) or (iii) of Regulation AB to deliver, to the Depositor and Depositor, the Rating Agencies) Agencies on or before March 5th 15th of each calendar year, commencing in 20072009, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Master Servicer or Subservicerand Securities Administrator, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Master Servicer or Subservicerand Securities Administrator, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Master Servicer or Subservicer and Securities Administrator, as applicable, as to the nature of any defaults by the applicable Master Servicer or any related Subservicer and Securities Administrator, as applicable, in the fulfillment of any of such the Master Servicer's or any related Subservicerand Securities Administrator's obligations, as applicable. The obligations of each the Master Servicer and each Subservicer Securities Administrator, as applicable, under this Section apply to each Master Servicer and each Subservicer Securities Administrator, that serviced a Mortgage Loan acted as Master Servicer and Securities Administrator during the applicable period, whether or not such Servicer or such Subservicer Person is acting as a the Master Servicer or a Subservicer and Securities Administrator at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to Within sixty (60) days after the Trustee (and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th end of each calendar year, commencing in 2007, the Servicer will deliver to the Purchaser an Officer's Officers’ Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' ’ supervision, and (ii) to the best of such officers' ’ knowledge, based on such review, such the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, or, if there has been a default in the fulfillment of any such obligation in any material respectobligation, specifying each such default known to such officers and the nature and status thereof. Promptly after receipt The first Officer’s Certificate delivered by the Servicer to the Purchaser pursuant to this Section shall be delivered on or before February 28, 2006. Copies of such statement shall be provided by the Servicer to the Purchaser upon request. In the event of a Reconstitution (as defined below) of Mortgage Loans in connection with a transaction subject to Regulation AB, on or before February 28th of each such Officer's Certificateyear beginning February 28th, 2007, the Depositor shall Servicer will deliver to the related master servicer, depositor or trustee, as applicable, related to such Reconstitution, the servicer compliance statement required by Item 1123 of Regulation AB, which as of the date hereof requires a statement to the effect that (i) an authorized officer of the Servicer has reviewed (or a review each has been made under its supervision) the Servicer’s activities under the applicable servicing agreement during the prior calendar year and (ii) to the best of such Officer's Certificate andofficers’ knowledge, based on such review, the Servicer has fulfilled all of its obligations under such agreement in all material respects throughout the period covered by the prior calendar year or, if applicablethere has been a failure to fulfill any such obligation in any material respect, consult with the applicable Servicer or Subservicer as a statement of such failure known to such officer and the nature of any defaults by and the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearstatus thereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1)
Annual Statement as to Compliance. Each The Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such the Servicer to deliver or cause to be delivered to the Trustee Master Servicer (and the Trustee Master Servicer shall deliver or otherwise make available to the Depositor and Depositor, the Securities Administrator, the Rating Agencies, the Certificate Insurer and the Trustee) on or before March 5th (March 15th with respect to Saxon) of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Securities Administrator, the Master Servicer, the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Securities Administrator, the Master Servicer, the Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Securities Administrator, the Master Servicer, the Servicer or Subservicer as to the nature of any defaults by the applicable Securities Administrator, the Master Servicer, the Servicer or any related Subservicer in the fulfillment of any of such the Securities Administrator's, the Master Servicer's, the Servicer's or any related Subservicer's obligations. The obligations of each the Securities Administrator, the Master Servicer, the Servicer and each Subservicer under this Section 3.22 apply to each the Securities Administrator, the Master Servicer, the Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such the Securities Administrator, the Master Servicer, the Servicer or such Subservicer is acting as a Securities Administrator, Master Servicer, the Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers Servicer or Subservicer Subservicers, the Master Servicer, the Securities Administrator or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th (March 15th with respect to Saxon) in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc4)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and Securities Administrator shall deliver cause any Additional Servicer engaged by it to deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in 2007March 2008, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt 121 The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Reg AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement. The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligations. The obligations of each Servicer and each Subservicer under Securities Administrator pursuant to this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar yearSection.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs)
Annual Statement as to Compliance. Each Servicer shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Rating Agencies and the Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before March 5th [_] of each calendar year, commencing in 2007, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Servicer or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Trustee, Servicer or Subservicer as to the nature of any defaults by the applicable Trustee, Servicer or any related Subservicer in the fulfillment of any of the Trustee's, such Servicer's or any related Subservicer's obligations. The obligations of the Trustee, each Servicer and each Subservicer under this Section apply to the Trustee, each Servicer and each Subservicer that acted as Trustee or serviced a Mortgage Loan Loan, as applicable, during the applicable period, whether or not the Trustee, such Servicer or such Subservicer is acting as the Trustee, a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers Trustee, Servicer or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th [_] in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Annual Statement as to Compliance. Each The Master Servicer and Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee shall deliver or otherwise make available available) and cause any Subservicer or subcontractor that meets the criteria in Item 1108(a)(2)(i), (ii) or (iii) of Regulation AB to deliver, to the Depositor and Depositor, the Rating Agencies) Agencies on or before March 5th 15th of each calendar year, commencing in 20072008, an Officer's Certificate stating, as to each signatory thereof, that (i) a review of the activities of such the Master Servicer or Subservicerand Securities Administrator, as applicable, during the preceding calendar year and of its performance under this Agreement or the applicable Subservicing Agreement, as the case may be, has been made under such officers' supervision, and (ii) to the best of such officers' knowledge, based on such review, such the Master Servicer or Subservicerand Securities Administrator, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, throughout such year, 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 officers and the nature and status thereof. Promptly after receipt of each such Officer's Certificate, the Depositor shall review each such Officer's Certificate and, if applicable, consult with the applicable Master Servicer or Subservicer and Securities Administrator, as applicable, as to the nature of any defaults by the applicable Master Servicer or any related Subservicer and Securities Administrator, as applicable, in the fulfillment of any of such the Master Servicer's or any related Subservicerand Securities Administrator's obligations, as applicable. The obligations of each the Master Servicer and each Subservicer Securities Administrator, as applicable, under this Section apply to each Master Servicer and each Subservicer Securities Administrator, that serviced a Mortgage Loan acted as Master Servicer and Securities Administrator during the applicable period, whether or not such Servicer or such Subservicer Person is acting as a the Master Servicer or a Subservicer and Securities Administrator at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2007-Aa5)
Annual Statement as to Compliance. Each The Master Servicer and the Securities Administrator shall deliver or cause to be delivered, and shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (and the Trustee Master Servicer and the Securities Administrator shall deliver cause any Additional Servicer engaged by it to, deliver) or otherwise make available to the Depositor and the Rating Agencies) Securities Administrator on or before March 5th 15 of each calendar year, commencing in March 2007, an Officer's Certificate stating, as to each signatory the signer thereof, that (iA) a review of the such party's activities of such Servicer or Subservicer, as applicable, during the preceding calendar year or portion thereof and of its such party's performance under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, has been made under such officers' officer's supervision, and (iiB) to the best of such officers' officer's knowledge, based on such review, such Servicer or Subservicer, as applicable, party has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as or such other applicable agreement in the case may beof an Additional Servicer, in all material respectsrespects throughout such year or portion thereof, or, if there has been a failure to fulfill any such obligation in any material respect, specifying each such failure known to such officer and the nature and status thereof and (C) in the case of the Master Servicer, to the best of such officer's knowledge, each Servicer has fulfilled all its obligations under its Servicing Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, respect specifying each such default failure known to such officers officer and the nature and status thereof. Promptly after receipt The Master Servicer shall enforce any obligation of each the Servicers, to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and to the Depositor an annual statement of compliance and all reports and other information required from the Servicers under Regulation AB within the time frame set forth in, and in such Officer's Certificateform and substance as may be required pursuant to, the Depositor related Servicing Agreement The Master Servicer shall review each include such Officer's Certificate and, if applicable, consult annual statements of compliance with the applicable Servicer or Subservicer as its own annual statement of compliance to be submitted to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such Servicer's or any related Subservicer's obligationsSecurities Administrator pursuant to this Section. The obligations of each Servicer and each Subservicer under this Section apply to each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Servicer or a Subservicer at the time such Officer's Certificate is required to be delivered. None of the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.127
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)
Annual Statement as to Compliance. Each Servicer, the Securities Administrator and the Master Servicer shall deliver or cause to be delivered, and each Servicer shall cause each Subservicer engaged by such Servicer to deliver or cause to be delivered to the Trustee (Depositor, the Securities Administrator, the Master Servicer, the Rating Agencies and the [Delaware] Trustee shall deliver or otherwise make available to the Depositor and the Rating Agencies) on or before [March 5th [15]th] of each calendar year, commencing in 2007[ ], an Officer's ’s Certificate stating, as to each signatory thereof, that (i) a review of the activities of such Servicer the Securities Administrator, the Master Servicer, the [Delaware] Trustee (in its capacity as successor master servicer, if applicable), the Servicers or Subservicer, as applicable, during the preceding calendar year and of its performance under this Agreement Agreement, or the applicable Subservicing Agreement, as the case may be, has been made under such officers' ’ supervision, and (ii) to the best of such officers' ’ knowledge, based on such review, the Securities Administrator, the Master Servicer, the [Delaware] Trustee (in its capacity as successor master servicer, if applicable), such Servicer or Subservicer, as applicable, has fulfilled all of its obligations under this Agreement or the applicable Subservicing Agreement, as the case may be, in all material respects, respects throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligation in any material respect, specifying each such default failure known to such officers and the nature and status thereof. Promptly after receipt of each such Officer's ’s Certificate, the Depositor shall review each such Officer's ’s Certificate and, if applicable, consult with the applicable Servicer or Subservicer as to the nature of any defaults by the applicable Servicer or any related Subservicer in the fulfillment of any of such a Servicer's ’s or any related Subservicer's ’s obligations. The obligations of the Securities Administrator, the Master Servicer, the [Delaware] Trustee (in its capacity as successor master servicer, if applicable), each Servicer and each or Subservicer under this Section apply to the Securities Administrator and the Master Servicer, and each Servicer and each Subservicer that serviced a Mortgage Loan during the applicable period, whether or not such Servicer or such Subservicer is acting as a Securities Administrator, Master Servicer, Servicer or a Subservicer Subservicer, as applicable, at the time such Officer's ’s Certificate is required to be delivered. None of the Securities Administrator, the Master Servicer, the [Delaware] Trustee (in its capacity as successor master servicer, if applicable), the Servicers or Subservicer or any Servicing Function Participant shall be required to cause the delivery of any Officer's ’s Certificate required by this Section until March 10th in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year.
Appears in 1 contract
Samples: Distribution Instructions (Gs Mortgage Securities Corp)