Common use of Annual Statement of Compliance from Servicer Clause in Contracts

Annual Statement of Compliance from Servicer. The Servicer will deliver to the Trustees and each Hedge Counterparty within ninety (90) days of the end of each fiscal year commencing with the year ending December 31, 2004, an Officer's Certificate stating that (a) the Servicer has fully complied in all material respects with certain provisions of the Agreement relating to servicing of the Loans and payments on the Notes, (b) a review of the activities of the Servicer during the prior calendar year and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (c) to the best of such officer's knowledge, based on such review, the Servicer has fully performed or cause to be performed in all material respects all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment in all material respects any of its obligations, specifying each such default known to such officer and the nature and status thereof and the steps being taken or necessary to be taken to remedy such event. A copy of such certificate may be obtained by any Securityholder by a request in writing to the Indenture Trustee, with respect to any Noteholder, or the Owner Trustee, with respect to any Certificateholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

AutoNDA by SimpleDocs

Annual Statement of Compliance from Servicer. The Servicer will deliver to the Trustees Trustees, S&P and each Hedge Counterparty within ninety (90) 90 days of the end of each fiscal year commencing with the year ending December 31, 20042006, an Officer's ’s Certificate stating that (a) the Servicer has fully complied in all material respects with certain provisions of the Agreement relating to servicing of the Loans and payments on the Notes, (b) a review of the activities of the Servicer during the prior calendar year and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (c) to the best of such officer's ’s knowledge, based on such review, the Servicer has fully performed or cause caused to be performed in all material respects all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment in all material respects any of its obligations, specifying each such default known to such officer and the nature and status thereof and the steps being taken or necessary to be taken to remedy such event. A copy of such certificate may be obtained by any Securityholder by a request in writing to the Indenture Trustee, with respect to any Noteholder, or the Owner Trustee, with respect to any Certificateholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Annual Statement of Compliance from Servicer. The Servicer will deliver to the Trustees and each Hedge Counterparty S&P within ninety (90) 90 days of the end of each fiscal year commencing with the year ending December 31, 20042007, an Officer's ’s Certificate stating that (a) the Servicer has fully complied in all material respects with certain provisions of the Agreement relating to servicing of the Loans and payments on the Notes, (b) a review of the activities of the Servicer during the prior calendar year and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (c) to the best of such officer's ’s knowledge, based on such review, the Servicer has fully performed or cause caused to be performed in all material respects all its obligations under this Agreement for such year, or, if there has been a Servicer Default or default in the fulfillment in all material respects any of its obligations, which, with notice or passage of time, could reasonably be expected to become a Servicer Default, specifying each such Servicer Default or default known to such officer and the nature and status thereof and the steps being taken or necessary to be taken to remedy such event. A copy of such certificate may be obtained by any Securityholder by a request in writing to the Indenture Trustee, with respect to any Noteholder, or the Owner Trustee, with respect to any Certificateholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Annual Statement of Compliance from Servicer. The Servicer will deliver to the Trustees and each Hedge Counterparty within ninety (90) days of the end of each fiscal year commencing with the year ending December 31, 20042002, an Officer's Certificate stating that (a) the Servicer has fully complied in all material respects with certain provisions of the Agreement relating to servicing of the Loans and payments on the Notes, (b) a review of the activities of the Servicer during the prior calendar year and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (c) to the best of such officer's knowledge, based on such review, the Servicer has fully performed or cause to be performed in all material respects all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment in all material respects any of its obligations, specifying each such default known to such officer and the nature and status thereof and the steps being taken or necessary to be taken to remedy such event. A copy of such certificate may be obtained by any Securityholder by a request in writing to the Indenture Trustee, with respect to any Noteholder, or the Owner Trustee, with respect to any Certificateholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

AutoNDA by SimpleDocs

Annual Statement of Compliance from Servicer. The Servicer will deliver to the Trustees and each Hedge Swap Counterparty within ninety (90) days of the end of each fiscal year commencing with the year ending December 31, 20042002, an Officer's Certificate stating that (a) the Servicer has fully complied in all material respects with certain provisions of the Agreement relating to servicing of the Loans and payments on the Notes, (b) a review of the activities of the Servicer during the prior calendar year and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (c) to the best of such officer's knowledge, based on such review, the Servicer has fully performed or cause to be performed in all material respects all its obligations under this Agreement for such year, or, if there has been a default in the fulfillment in all material respects any of its obligations, specifying each such default known to such officer and the nature and status thereof and the steps being taken or necessary to be taken to remedy such event. A copy of such certificate may be obtained by any Securityholder by a request in writing to the Indenture Trustee, with respect to any Noteholder, or the Owner Trustee, with respect to any Certificateholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Annual Statement of Compliance from Servicer. The Servicer will deliver to the Trustees Trustees, S&P and each Hedge Counterparty within ninety (90) 90 days of the end of each fiscal year commencing with the year ending December 31, 20042006, an Officer's ’s Certificate stating that (a) the Servicer has fully complied in all material respects with certain provisions of the Agreement relating to servicing of the Loans and payments on the Notes, (b) a review of the activities of the Servicer during the prior calendar year and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (c) to the best of such officer's ’s knowledge, based on such review, the Servicer has fully performed or cause caused to be performed in all material respects all its obligations under this Agreement for such year, or, if there has been a Servicer Default or default in the fulfillment in all material respects any of its obligations, which, with notice or passage of time, could reasonably be expected to become a Servicer Default, specifying each such Servicer Default or default known to such officer and the nature and status thereof and the steps being taken or necessary to be taken to remedy such event. A copy of such certificate may be obtained by any Securityholder by a request in writing to the Indenture Trustee, with respect to any Noteholder, or the Owner Trustee, with respect to any Certificateholder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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