Annual Statements of Compliance. (a) The Master Servicer and the Securities Administrator shall deliver or otherwise make available to the Depositor, the Trustee and the Securities Administrator on or before March 30 of each year, commencing in March 2016, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement 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 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. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder. (b) In the event the Master Servicer or the Securities Administrator is terminated or resigns pursuant to the terms of this Agreement, such party shall provide an Item 1123 Certificate pursuant to this Section 9.11 or as required under such other applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation. (c) The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the applicable Servicing Agreement, to deliver to the Depositor an Item 1123 Certificate.
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Samples: Pooling and Servicing Agreement (Five Oaks Investment Corp.), Pooling and Servicing Agreement (Five Oaks Investment Corp.)
Annual Statements of Compliance. (a) The Master Servicer and the Securities Administrator SPS shall deliver or otherwise make available to the Depositor, the Trustee and the Securities Administrator on or before March 30 1 of each year, commencing in March 20162015, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement 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 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. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder.
(b) In the event the Master Servicer or the Securities Administrator SPS is terminated or resigns pursuant to the terms of this Agreement, such party shall provide an Item 1123 Certificate pursuant to this Section 9.11 6.22 or as required under such other applicable agreement, as the case may be, notwithstanding any such termination, assignment or resignation.
(c) The Master Servicer shall enforce any obligation of the ServicersSPS hereunder and of PHH and Shellpoint Mortgage Servicing, to the extent set forth in the applicable related Servicing Agreement, to deliver to the Depositor an Item 1123 Certificate.
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Samples: Pooling and Servicing Agreement (Five Oaks Investment Corp.)
Annual Statements of Compliance. (a) The Master Servicer and the Securities Trust Administrator shall deliver or otherwise make available to the Depositor, Depositor and the Trustee and the Securities Administrator on or before March 30 15 of each year, commencing in March 20162008, an Officer’s Certificate (an “Item 1123 Certificate”) stating, as to the signer thereof, that (A) a review of such party’s activities during the preceding calendar year or portion thereof and of such party’s performance under this Agreement 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 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. Promptly after receipt of each such Item 1123 Certificate, the Depositor shall review such Item 1123 Certificate and, if applicable, consult with each such party, as applicable, as to the nature of any failures by such party, in the fulfillment of any of such party’s obligations hereunder.
(b) . In the event the Master Servicer or the Securities Trust Administrator is terminated or resigns pursuant to the terms of this Agreement, such party the Trust Administrator shall provide an Item 1123 Certificate pursuant to this Section 9.11 or as required under such other applicable agreement, as the case may be, 9.06 notwithstanding any such termination, assignment or resignation.
(c) The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the applicable Servicing Agreement, to deliver to the Depositor an Item 1123 Certificate.
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Samples: Trust Agreement (CSMC Trust 2007-5r)