Common use of Assessment of Compliance and Attestation Reports Clause in Contracts

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 9 contracts

Samples: Trust Agreement (Lehman Mortgage Trust 2007-5), Trust Agreement (LMT 2007-1), Trust Agreement (Lehman Mortgage Trust 2007-6)

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Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement in respect of the Servicer, and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as in respect of the case may beCustodian, and shall not otherwise be reporting on notify the content Depositor of or sufficiency of such assessmentsany exceptions.

Appears in 5 contracts

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff17), Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff15), Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff12)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each the Custodial Agreement in respect of each the Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 5 contracts

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5), Trust Agreement (Structured Asset Investment Loan Trust 2006-Bnc1), Trust Agreement (Sasco 2006-Bc3)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by itthe Master Servicer) submit their submits its assessments to the Trustee, such parties the Master Servicer will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each such report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for . (iv) On or prior to the avoidance of doubtClosing Date, it is acknowledged that the Master Servicer shall deliver to the Sponsor, the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth the Depositor a certification in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as form of Exhibit O attached hereto regarding the case may be, and shall not otherwise be reporting on items it will address in its assessment of compliance with the content of or sufficiency of such assessmentsservicing criteria under this Section 9.25(a).

Appears in 3 contracts

Samples: Trust Agreement (Lehman XS Trust 2006-1), Trust Agreement (LXS 2006-7), Trust Agreement (Lehman XS Trust 2006-5)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria (as identified on Exhibit O) that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeTrustee and the Depositor, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each such report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and and, where the Master Servicer is the Exchange Act Signing Party, shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 3 contracts

Samples: Trust Agreement (Lehman XS Trust 2007-1), Trust Agreement (Lehman XS Trust 2007-9), Trust Agreement (LXS 2007-3)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria (as identified on Exhibit O) that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by itthe Master Servicer) submit their submits its assessments to the Trustee, such parties the Master Servicer will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each such report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and and, where the Master Servicer is the Exchange Act Signing Party, shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 3 contracts

Samples: Trust Agreement (Lehman XS Trust 2006-11), Trust Agreement (Lehman XS Trust, Series 2006-8), Trust Agreement (Lehman XS Trust 2006-9)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e6.20(d), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeTrustee and the Master Servicer, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Servicing Criteria) for each party as set forth on Exhibit Q R and on any similar exhibit set forth in each the applicable Servicing Agreement in respect of each any Servicer, and each the applicable Custodial Agreement in respect of each any Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 2 contracts

Samples: Trust Agreement (Lehman XS Trust Series 2006-Gp2), Trust Agreement (Lehman XS Trust Series 2006-4n)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082009, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e6.20(f), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 2 contracts

Samples: Trust Agreement (Lehman Mortgage Trust 2008-2), Trust Agreement (Lehman Mortgage Trust 2008-6)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each yearcalendar year in which the Depositor is required to file reports with respect to the Trust Fund in accordance with the Exchange Act and the rules and regulations of the Commission, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e6.20(d), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeTrustee and the Master Servicer, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Servicing Criteria) for each party as set forth on Exhibit Q R and on any similar exhibit set forth in each the applicable Servicing Agreement in respect of each any Servicer, and each the applicable Custodial Agreement in respect of each any Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 2 contracts

Samples: Trust Agreement (Lehman XS Trust Series 2006-Gp4), Trust Agreement (GreenPoint Mortgage Funding Trust 2006-Ar4)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria (as identified on Exhibit O) that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by itthe Master Servicer) submit their submits its assessments to the TrusteeTrustee and Depositor, such parties the Master Servicer will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Depositor and Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each such report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and and, where the Master Servicer is the Exchange Act Signing Party, shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 2 contracts

Samples: Trust Agreement (Lehman XS Trust 2006-19), Trust Agreement (Lehman XS Trust 2006-20)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer Servicer, any NIMS Insurer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee Securities Administrator (or any Servicing Function Participant engaged by itsuch party) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement in respect of the Servicer, and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as in respect of the case may beCustodian, and shall not otherwise be reporting on notify the content Depositor of or sufficiency of such assessmentsany exceptions.

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 10 (with a 5 calendar day cure period) of each year, commencing in March 2008200[ ], the Master Servicer, the Paying Agent (if other than the Trustee) Indenture Trustee and the Trusteeany Additional Servicer, each at its own expense, shall furnish, and each of the preceding parties, as applicable, shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, Trust Administrator and the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e8.07(c), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (iib) When the Master Servicer, the Paying Agent (if other than the Indenture Trustee) and the Trustee (, or any Servicing Function Participant engaged by it) Additional Servicer submit their assessments to the TrusteeTrust Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.255.25(c)) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports the report on assessment of compliance prepared by any such Servicing Function Participant. (iii) . Promptly after receipt of each such report on assessment of compliance, the Trustee Trust Administrator shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q L and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. . (c) By way March 10 (with a 5 calendar day cure period) of clarification each year, commencing in March 200[ ], the Servicer, each Additional Servicer and for the avoidance Indenture Trustee, each at its own expense, shall cause, and each of doubtthe preceding parties, as applicable, shall cause any Servicing Function Participant engaged by it is acknowledged that to cause, each at its own expense, a registered public accounting firm (which may also render other services to the Trustee shall rely exclusively on Exhibit Q Servicer, the Additional Servicers and on any similar exhibit set forth in the Indenture Trustee, or such other Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing CriteriaFunction Participants, as the case may be) and that is a member of the American Institute of Certified Public Accountants to furnish a report to the Trust Administrator and the Depositor, to the effect that (i) it has obtained a representation regarding certain matters from the management of such party, which includes an assertion that such party has complied with the Relevant Servicing Criteria, and shall not otherwise be reporting (ii) on the content basis of an examination conducted by such firm in accordance with standards for attestation engagements issued or sufficiency adopted by the PCAOB, it is expressing an opinion as to whether such party’s compliance with the Relevant Servicing Criteria was fairly stated in all material respects, or it cannot express an overall opinion regarding such party’s assessment of compliance with the Relevant Servicing Criteria. In the event that an overall opinion cannot be expressed, such registered public accounting firm shall state in such report why it was unable to express such an opinion. Such report must be available for general use and not contain restricted use language. (d) Promptly after receipt of such assessmentsreport from the Servicer, the Additional Servicers and the Indenture Trustee, or any Servicing Function Participant engaged by such parties, the Trust Administrator shall confirm that each assessment submitted pursuant to Section 5.25(a) is coupled with an attestation meeting the requirements of this Section and notify the Depositor of any exceptions.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (SunTrust Mortgage Securitization, LLC)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer2009, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer Depositor and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e6.12(f), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.256.16) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each CustodianI, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement I to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2008-3)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 10 (with a 5 calendar day cure period) of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than Subservicer, the Trustee) Indenture Trustee and the Trusteeany Additional Servicer, each at its own expense, shall furnish, and each of the preceding parties, as applicable, shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, Trust Administrator and the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e8.07(c), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (iib) When the Master Servicer, the Paying Agent (if other than Subservicer, the Indenture Trustee) and the Trustee (, or any Servicing Function Participant engaged by it) Additional Servicer submit their assessments to the TrusteeTrust Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.255.25(c)) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports the report on assessment of compliance prepared by any such Servicing Function Participant. (iii) . Promptly after receipt of each such report on assessment of compliance, the Trustee Trust Administrator shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q L and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. . (c) By way March 10 (with a 5 calendar day cure period) of clarification each year, commencing in March 2007, the Servicer, the Subservicer, each Additional Servicer and for the avoidance Indenture Trustee, each at its own expense, shall cause, and each of doubtthe preceding parties, as applicable, shall cause any Servicing Function Participant engaged by it is acknowledged that to cause, each at its own expense, a registered public accounting firm (which may also render other services to the Trustee shall rely exclusively on Exhibit Q Servicer, the Subservicer the Additional Servicers and on any similar exhibit set forth in the Indenture Trustee, or such other Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing CriteriaFunction Participants, as the case may be) and that is a member of the American Institute of Certified Public Accountants to furnish a report to the Trust Administrator and the Depositor, to the effect that (i) it has obtained a representation regarding certain matters from the management of such party, which includes an assertion that such party has complied with the Relevant Servicing Criteria, and shall not otherwise be reporting (ii) on the content basis of an examination conducted by such firm in accordance with standards for attestation engagements issued or sufficiency adopted by the PCAOB, it is expressing an opinion as to whether such party’s compliance with the Relevant Servicing Criteria was fairly stated in all material respects, or it cannot express an overall opinion regarding such party’s assessment of compliance with the Relevant Servicing Criteria. In the event that an overall opinion cannot be expressed, such registered public accounting firm shall state in such report why it was unable to express such an opinion. Such report must be available for general use and not contain restricted use language. (d) Promptly after receipt of such assessmentsreport from the Servicer, the Subservicer, the Additional Servicers and the Indenture Trustee, or any Servicing Function Participant engaged by such parties, the Trust Administrator shall confirm that each assessment submitted pursuant to Section 5.25(a) is coupled with an attestation meeting the requirements of this Section and notify the Depositor of any exceptions.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each the applicable Custodial Agreement in respect of each the applicable Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-Bc4)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s 's report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each the Servicing Agreement in respect of each the Servicer, and each the Custodial Agreement in respect of each the Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-FFB)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) Servicer and the TrusteeCredit Risk Manager, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) Servicer and the Trustee Credit Risk Manager (or any Servicing Function Participant engaged by itthe Master Servicer) submit their submits its assessments to the TrusteeTrustee and the Master Servicer, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q T and on any similar exhibit set forth in the Servicing Agreement in respect of the Servicer, and the applicable Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may bein respect of any Custodian, and shall not otherwise be reporting on notify the content Depositor of or sufficiency of such assessmentsany exceptions.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-S3)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By On or before March 15 15th of each yearcalendar year in which the Depositor is required to file reports with respect to the Trust Fund in accordance with the Exchange Act and the rules and regulations of the Commission, commencing in beginning with March 15, 2008, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e6.20(d), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s 's report. The Master Servicer shall furnish to the Trustee a copy of each assessment of compliance provided to it by the Custodian pursuant to the Custodial Agreement and by each Servicer pursuant to the related Servicing Agreement, to the extent that the Trustee is not entitled to receive such assessments pursuant to each such applicable agreement. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeTrustee and the Master Servicer, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Servicing Criteria) for each party as set forth on Exhibit Q R and on any similar exhibit set forth in each the applicable Servicing Agreement in respect of each any Servicer, and each the Custodial Agreement in respect of each the Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement R to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Greenpoint Mortgage Funding Trust 2007-Ar1)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for . (iv) On or prior to the avoidance of doubtClosing Date, it is acknowledged that the Master Servicer shall deliver to the Sponsor, the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth the Depositor a certification in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as form of Exhibit R attached hereto regarding the case may be, and shall not otherwise be reporting on items it will address in its assessment of compliance with the content of or sufficiency of such assessmentsservicing criteria under this Section 9.25(a).

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2006-1)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) ), the Trustee and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If In the event that the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) ), the Trustee and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement in respect of the Servicer, and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as in respect of the case may beCustodian, and shall not otherwise be reporting on notify the content Depositor of or sufficiency of such assessmentsany exceptions.

Appears in 1 contract

Samples: Trust Agreement (BNC Mortgage Loan Trust 2007-2)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) ), the Trustee and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than Agent, the Trustee) Trustee and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each the Custodial Agreement in respect of each Custodianthe Custodians, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc6)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) ), the Trustee and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If In the event that the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) ), the Trustee and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each the Custodial Agreement in respect of each the Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (BNC Mortgage Loan Trust 2007-1)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If In the event that the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Sponsor, the Depositor, the Master Servicer and the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each the Custodial Agreement in respect of each Custodianthe Custodians, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the each Servicing Agreement and each Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc2)

Assessment of Compliance and Attestation Reports. 184 (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer Servicer, the Certificate Insurer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria (as identified on Exhibit O) that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeTrustee and the Depositor, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each such report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and and, where the Master Servicer is the Exchange Act Signing Party, shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2007-6)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each the Custodial Agreement in respect of each Custodianthe Custodians, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities CORP 2007-Bc1)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer Servicer, the Certificate Insurer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria (as identified on Exhibit O) that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by itthe Master Servicer) submit their submits its assessments to the Trustee, such parties the Master Servicer will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each such report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and and, where the Master Servicer is the Exchange Act Signing Party, shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2006-17)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each the Servicing Agreement in respect of each the Servicer, and each the Custodial Agreement in respect of each the Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff14)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) ), the Trustee and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than Agent, the Trustee) Trustee and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each the Custodial Agreement in respect of each Custodianthe Custodians, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc3)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee), the Trustee (if it has been a Servicing Function Participant at any time during the fiscal year covered by the Form 10-K) and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than Agent, the Trustee) Trustee and the Trustee Securities Administrator (or any Servicing Function Participant engaged by itsuch party) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement in respect of the Servicer, and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as in respect of the case may beCustodian, and shall not otherwise be reporting on notify the content Depositor of or sufficiency of such assessmentsany exceptions.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf2)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each yearOn and after January 1, commencing in March 20082006, the Master ServicerServicer shall service and administer the Mortgage Loans in accordance with all applicable requirements of the Servicing Criteria. Pursuant to Rules 13a-18 and 15d-18 of the Exchange Act and Item 1123 of Regulation AB, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, Servicer shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, deliver to the SponsorIssuing Entity, the Indenture Trustee, the Depositor, the Master Servicer Credit Enhancer and the Trusteeeach Rating Agency on or before [February 28] of each calendar year beginning in 2007, a report on an regarding the Servicer's assessment of compliance (an "Assessment of Compliance") with the Relevant Servicing Criteria that contains during the preceding calendar year. The Assessment of Compliance must be reasonably satisfactory to the Indenture Trustee, and as set forth in Regulation AB, the Assessment of Compliance must contain the following: (Aa) a A statement by such party officer of its responsibility for assessing compliance with the Relevant Servicing Criteria, Criteria applicable to the Servicer; (Bb) a A statement by such officer that such party officer used the Servicing Criteria attached as Exhibit E hereto, and which will also be attached to the Assessment of Compliance, to assess compliance with the Relevant Servicing Criteria, Criteria applicable to the Servicer; (Cc) An assessment by such party’s assessment officer of the Servicer's compliance with the Relevant applicable Servicing Criteria as of and for the fiscal year covered by period consisting of the Form 10-K required to be filed pursuant to Section 6.20(e)preceding calendar year, including, if there has been including disclosure of any material instance of noncompliance with respect thereto during such period, which assessment shall be based on the Relevant Servicing Criteriaactivities it performs with respect to asset-backed securities transactions taken as a whole involving the Servicer, a discussion of each such failure and that are backed by the nature and status thereof, and same asset type as the Mortgage Loans; (Dd) a A statement that a registered public accounting firm has issued an attestation report on such party’s assessment the Servicer's Assessment of compliance with Compliance for the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria period consisting of the Paying Agent preceding calendar year; and (e) A statement as to which of the Servicing Criteria, if any, are not applicable to the Servicer, which statement shall be included in based on the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments activities it performs with respect to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, asset-backed securities transactions taken as a wholewhole involving the Servicer, that are backed by the same asset type as the Mortgage Loans. Such report at a minimum shall address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability each of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth specified on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect E hereto which are indicated as applicable to the Servicer. On or before [February 28] of each Servicercalendar year beginning in 2007, the Servicer shall furnish to the Issuing Entity, the Indenture Trustee, the Depositor, the Credit Enhancer and each Rating Agency a report (an "Attestation Report") by a registered public accounting firm that attests to, and reports on, the Assessment of Compliance made by the Depositor, as required by Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122(b) of Regulation AB, which Attestation Report must be made in accordance with standards for attestation reports issued or adopted by the Public Company Accounting Oversight Board. The Servicer shall cause any subservicer, and each Custodial subcontractor determined by the Servicer to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Issuing Entity, the Indenture Trustee, the Depositor, the Credit Enhancer and each Rating Agency an Assessment of Compliance and Attestation Report as and when provided above. Such Assessment of Compliance, as to any subservicer, shall at a minimum address each of the Servicing Criteria specified on Exhibit E hereto which are indicated as applicable to any "primary servicer." Notwithstanding the foregoing, as to any subcontractor, an Assessment of Compliance is not required to be delivered unless it is required as part of a Form 10-K with respect to the Trust Fund. If the Servicer cannot deliver any Assessment of Compliance or Attestation Report by [February 28th] of such year, the Indenture Trustee, at its sole option, may permit a cure period for the Servicer to deliver such Assessment of Compliance or Attestation Report, but in no event later than [March 10th] of such year. Failure of the Master Servicer to timely comply with this Section 3.11 shall be deemed a Servicing Default, and the Indenture Trustee may, in addition to whatever rights the Indenture Trustee may have under this Agreement and at law or equity or to damages, including injunctive relief and specific performance, upon notice immediately terminate all the rights and obligations of the Servicer under this Agreement and in respect and to the Mortgage Loans and the proceeds thereof without compensating the Servicer for the same. This paragraph shall supercede any other provision in this Agreement or any other agreement to the contrary. The Indenture Trustee shall also provide an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit E hereto which are indicated as applicable to the "indenture trustee" or "securities administrator." In addition, the Indenture Trustee shall cause the Custodian to deliver to the Indenture Trustee and the Depositor an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit E hereto which are indicated as applicable to a "custodian." Notwithstanding the foregoing, as to any Custodian, and shall notify the Depositor an Assessment of any exceptions. By way of clarification and for the avoidance of doubt, Compliance is not required to be delivered unless it is acknowledged that required as part of a Form 10-K with respect to the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessmentsTrust Fund.

Appears in 1 contract

Samples: Servicing Agreement (MortgageIT Securities Corp.)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and Servicer, the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement in respect of the Servicer, and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as in respect of the case may beCustodian, and shall not otherwise be reporting on notify the content Depositor of or sufficiency of such assessmentsany exceptions.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-Wf1)

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Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria (as identified on Exhibit O) that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by itthe Master Servicer) submit their submits its assessments to the TrusteeTrustee and Depositor, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Depositor and Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each such report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and and, where the Master Servicer is the Exchange Act Signing Party, shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (LXS 2007-8h)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Credit Risk Manager and the Paying Agent (if other than the Trustee) and the Trustee), each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager and the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeTrustee and the Depositor, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable Relevant Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each the Servicing Agreement in respect of each the Servicer, and each the Custodial Agreement in respect of each the Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement and the Custodial Agreement to determine such applicable Relevant Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (BNC Mortgage Loan Trust 2007-3)

Assessment of Compliance and Attestation Reports. (a) Assessment Each of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Paying Agent (if other than the Trustee) Trustee and the TrusteeCustodian, each at its own expense, shall furnishdeliver, and shall cause any each Servicing Function Participant engaged by it to furnishdeliver, each at its own expense, or otherwise make available to the Sponsor, the Depositor, the Master Servicer Depositor and the TrusteeTrustee on or before March 15th of each calendar year beginning in 2007, a report on an regarding such party's assessment of compliance with the Relevant Servicing Criteria (each, an "Assessment of Compliance"), reasonably satisfactory to the Depositor and the Trustee, that contains (Ai) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (Bii) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (Ciii) such party’s 's assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e)such Assessment of Compliance, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (Div) a statement that a registered public accounting firm has issued an attestation report on such party’s 's assessment of compliance with the Relevant Servicing Criteria as of and for such periodperiod and (v) a statement as to which of the Servicing Criteria, if any, are not applicable to such party, which statement shall be based on the activities it performs with respect to asset-backed securities transactions taken as a whole involving such party, that are backed by the same asset type as the Mortgage Loans. If No later than February 1 of each fiscal year for the Trust for which a 10-K is required to be filed pursuant to Section 3.32(c), the Servicer, the Trustee and the Paying Agent are Custodian shall each forward to the same party, Trustee the name of each Servicing Function Participant engaged by it and what Relevant Servicing Criteria of the Paying Agent shall will be included addressed in the Trustee’s report. (ii) report on assessment of compliance prepared by such Servicing Function Participant. When the Master Servicer, the Paying Agent (if other than the Trustee) Trustee and the Trustee Custodian (or any Servicing Function Participant engaged by itthem) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.253.31(b)) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) it. Promptly after receipt of each report on assessment such Assessments of complianceCompliance, the Trustee shall confirm that the assessmentsAssessments of Compliance, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on notify the Depositor of any similar exhibit set forth exceptions. None of such parties shall be required to deliver any such Assessments of Compliance until April 15 in each Servicing Agreement 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 each Servicer, the Trust for the preceding calendar year. The Custodian and each Custodial Agreement any Servicing Function Participant engaged by it shall not be required to deliver or cause the delivery of such Assessments of Compliance 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 each the Trust for the preceding fiscal year. (b) Each of the Servicer, the Trustee and the Custodian, each at its own expense, shall cause, and shall cause each Servicing Function Participant engaged by it to cause, on or before March 15th of each calendar year beginning in 2007, a registered public accounting firm (which may also render other services to the Servicer, the Trustee, the Custodian or such other Servicing Function Participants, as the case may be) that is a member of the American Institute of Certified Public Accountants, to furnish a report (each, an "Attestation Report") to the Trustee and the Depositor, to the effect that (i) it has obtained a representation regarding certain matters from the management of such party, which includes an assertion that such party has complied with the Relevant Servicing Criteria, and (ii) on the basis of an examination conducted by such firm in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board, it is expressing an opinion as to whether such party's compliance with the Relevant Servicing Criteria was fairly stated in all -100- material respects, or it cannot express an overall opinion regarding such party's assessment of compliance with the Relevant Servicing Criteria. In the event that an overall opinion cannot be expressed, such registered public accounting firm shall state in such Attestation Report why it was unable to express such an opinion. Each such related Attestation Report shall be made in accordance with Rules 1-02(a)(3) and 2-02(g) of the Commission's Regulation S-X. Such Attestation Reports must be available for general use and not contain restricted use language. Promptly after receipt of such Attestation Reports, the Trustee shall confirm that each Assessment of Compliance is coupled with a related Attestation Report and shall notify the Depositor of any exceptions. By way None of clarification and the Servicer, the Trustee or any Servicing Function Participant engaged by such parties shall be required to deliver or cause the delivery of such Attestation Reports until April 15 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 avoidance of doubt, preceding fiscal year. The Custodian and any Servicing Function Participant engaged by it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on required to deliver or cause the content of or sufficiency delivery of such assessmentsAttestation Report 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 fiscal year.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) Servicer and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same partyEach such assessment, pursuant to clause (C) above, shall cover, at a minimum, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s reportmatters indicated as obligations with respect to such Person on Exhibit O attached hereto. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) Servicer and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification . (iv) On or prior to the Closing Date, the Master Servicer shall deliver to the Sponsor, the Securities Administrator and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth Depositor a certification in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as form of Exhibit O attached hereto regarding the case may be, and shall not otherwise be reporting on items it will address in its assessment of compliance with the content of or sufficiency of such assessmentsservicing criteria under this Section 9.25(a).

Appears in 1 contract

Samples: Trust Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-3)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement in respect of the Servicer, and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as in respect of the case may beCustodian, and shall not otherwise be reporting on notify the content Depositor of or sufficiency of such assessmentsany exceptions.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeTrustee and the Master Servicer, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q T and on any similar exhibit set forth in each the applicable Servicing Agreement in respect of each any Servicer, and each the applicable Custodial Agreement in respect of each any Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp 2006-S1)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by it) submit their its assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q R and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each CustodianCustodian and, and where the Master Servicer is the Exchange Act Signing Party, shall notify the Depositor of any exceptions. By way of clarification and for . (iv) On or prior to the avoidance of doubtClosing Date, it is acknowledged that the Master Servicer shall deliver to the Sponsor, the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth the Depositor a certification in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as form of Exhibit R attached hereto regarding the case may be, and shall not otherwise be reporting on items it will address in its assessment of compliance with the content of or sufficiency of such assessmentsservicing criteria under this Section 9.25(a).

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2006-2)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria (as identified on Exhibit O) that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeTrustee and the Depositor, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each such report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each the Servicing Agreement in respect of each the Servicer, and each Custodial Agreement in respect of each Custodian, and and, where the Master Servicer is the Exchange Act Signing Party, shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2007-5h)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 2008, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer Servicer, any NIMS Insurer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee Securities Administrator (or any Servicing Function Participant engaged by itsuch party) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q S and on any similar exhibit set forth in the Servicing Agreement in respect of the Servicers, and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as in respect of the case may beCustodian, and shall not otherwise be reporting on notify the content Depositor of or sufficiency of such assessmentsany exceptions.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2007-Eq1)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the SponsorSeller, the Depositor, the Master Servicer Administrator, the Servicer, the Insurers and the Indenture Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria specified on Exhibit J hereto that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e6.07(f), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by itthe Servicer) submit their submits its assessments to the Indenture Trustee, such parties the Servicer will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.254.24) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each such report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each ServicerJ, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Greenpoint Mortgage Funding Trust 2006-He1)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeTrustee and the Master Servicer, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q O and on any similar exhibit set forth in each any Servicing Agreement in respect of each the applicable Servicer, and each any Custodial Agreement in respect of each the applicable Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2006-3)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2006-9)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by itthe Master Servicer) submit their submits its assessments to the TrusteeTrustee and the Master Servicer, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (LMT 2006-4)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Servicer (or any Servicing Function Participant engaged by itthe Master Servicer) submit their submits its assessments to the TrusteeTrustee and the Master Servicer, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q T and on any similar exhibit set forth in the Servicing Agreement in respect of the Servicer, and the Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as in respect of the case may beCustodian, and shall not otherwise be reporting on notify the content Depositor of or sufficiency of such assessmentsany exceptions.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2006-3)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 10 (with a 5 calendar day cure period) of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than Subservicer, the Trustee) Indenture Trustee and the Trusteeany Additional Servicer, each at its own expense, shall furnish, and each of the preceding parties, as applicable, shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, Trust Administrator and the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e6.20(c), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (iib) When the Master Servicer, the Paying Agent (if other than Subservicer, the Indenture Trustee) and the Trustee (, or any Servicing Function Participant engaged by it) Additional Servicer submit their assessments to the TrusteeTrust Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.259.25(c)) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports the report on assessment of compliance prepared by any such Servicing Function Participant. (iii) . Promptly after receipt of each such report on assessment of compliance, the Trustee Trust Administrator shall confirm that the assessments, taken as a whole, address all applicable of the Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q L and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. . (c) By way March 10 (with a 5 calendar day cure period) of clarification each year, commencing in March 2007, the Servicer, the Subservicer, each Additional Servicer and for the avoidance Indenture Trustee, each at its own expense, shall cause, and each of doubtthe preceding parties, as applicable, shall cause any Servicing Function Participant engaged by it is acknowledged that to cause, each at its own expense, a registered public accounting firm (which may also render other services to the Trustee shall rely exclusively on Exhibit Q Servicer, the Subservicer the Additional Servicers and on any similar exhibit set forth in the Indenture Trustee, or such other Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing CriteriaFunction Participants, as the case may be) and that is a member of the American Institute of Certified Public Accountants to furnish a report to the Trust Administrator and the Depositor, to the effect that (i) it has obtained a representation regarding certain matters from the management of such party, which includes an assertion that such party has complied with the Relevant Servicing Criteria, and shall not otherwise be reporting (ii) on the content basis of an examination conducted by such firm in accordance with standards for attestation engagements issued or sufficiency adopted by the PCAOB, it is expressing an opinion as to whether such party’s compliance with the Relevant Servicing Criteria was fairly stated in all material respects, or it cannot express an overall opinion regarding such party’s assessment of compliance with the Relevant Servicing Criteria. In the event that an overall opinion cannot be expressed, such registered public accounting firm shall state in such report why it was unable to express such an opinion. Such report must be available for general use and not contain restricted use language. (d) Promptly after receipt of such assessmentsreport from the Servicer, the Subservicer, the Additional Servicers and the Indenture Trustee, or any Servicing Function Participant engaged by such parties, the Trust Administrator shall confirm that each assessment submitted pursuant to Section 9.25(a) is coupled with an attestation meeting the requirements of this Section and notify the Depositor of any exceptions.

Appears in 1 contract

Samples: Trust Agreement (Fieldstone Mortgage Investment CORP)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) Servicer and the TrusteeCredit Risk Manager, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) Servicer and the Trustee Credit Risk Manager (or any Servicing Function Participant engaged by itthe Master Servicer) submit their submits its assessments to the TrusteeTrustee and the Master Servicer, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Depositor what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Exchange Act Signing Party shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q T and on any similar exhibit set forth in each the applicable Servicing Agreement in respect of each any Servicer, and each the applicable Custodial Agreement in respect of each any Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-S2)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Credit Risk Manager, the Paying Agent (if other than the Trustee) and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-Bc2)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee, each at its own expense, shall furnish, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the Trustee, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee (or any Servicing Function Participant engaged by it) submit their assessments to the Trustee, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q and on any similar exhibit set forth in each Servicing Agreement in respect of each Servicer, and each Custodial Agreement in respect of each Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2006-8)

Assessment of Compliance and Attestation Reports. (a) Assessment of Compliance (i) By March 15 of each year, commencing in March 20082007, the Master Servicer, the Paying Agent (if other than the Trustee) and the TrusteeSecurities Administrator, each at its own expense, shall furnish, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Sponsor, the Depositor, the Master Servicer and the TrusteeSecurities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 6.20(e), including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. If the Trustee and the Paying Agent are the same party, the Relevant Servicing Criteria of the Paying Agent shall be included in the Trustee’s report. (ii) When the Master Servicer, the Paying Agent (if other than the Trustee) and the Trustee Securities Administrator (or any Servicing Function Participant engaged by it) submit their assessments to the TrusteeSecurities Administrator, such parties will also at such time include the assessment (and attestation pursuant to subsection (b) of this Section 9.25) of each Servicing Function Participant engaged by it and shall indicate to the Trustee Securities Administrator what Relevant Servicing Criteria will be addressed in any such reports prepared by any such Servicing Function Participant. (iii) Promptly after receipt of each report on assessment of compliance, the Trustee Securities Administrator shall confirm that the assessments, taken as a whole, address all applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria (and disclose the inapplicability of the Servicing Criteria not determined to be Relevant Criteria) for each party as set forth on Exhibit Q S and on any similar exhibit set forth in each Servicing Agreement in respect of each the Servicer, and each the Custodial Agreement in respect of each the Custodian, and shall notify the Depositor of any exceptions. By way of clarification and for the avoidance of doubt, it is acknowledged that the Trustee shall rely exclusively on Exhibit Q and on any similar exhibit set forth in the Servicing Agreement and Custodial Agreement to determine such applicable Servicing Criteria and Relevant Servicing Criteria, as the case may be, and shall not otherwise be reporting on the content of or sufficiency of such assessments.

Appears in 1 contract

Samples: Trust Agreement (TBW 2006-3)

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