Common use of Back-up Xxxxxxxx-Xxxxx Certification Clause in Contracts

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 2010, the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix C (in the case of a Reporting Subcontractor) and as Appendix D (in the case of the Servicer) on which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. The Seller will not request delivery of a certification under this Section 11.06 unless the Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the Issuer. So long as the Servicer is the Seller or an Affiliate of the Seller, the Servicer is not required to deliver the Performance Certification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the Seller. Each of the Indenture Trustee, the Servicer and Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the Issuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20102008, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix C D (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix D E (in the case of the Servicer) on which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. The Seller Depositor will not request delivery of a certification under this Section 11.06 clause unless the Seller Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the IssuerTrust. So long as the Servicer is the Seller or an Affiliate of the SellerDepositor, the Servicer may, but is not required to deliver the Performance CertificationCertificate. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the SellerDepositor. Each of the Indenture Trustee, Trustee and the Servicer and Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the IssuerTrust.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 201020__, the Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “"Certifying Person”") a certification (each, a “"Performance Certification”") and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix C Exhibit I (in the case of the Trustee or a Reporting Subcontractor) and as Appendix D Exhibit J (in the case of the Servicer) on which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s 's officers, directors and Affiliates (collectively with the Certifying Person, “"Certification Parties”") can reasonably rely. The Seller Depositor will not request delivery of a certification under this Section 11.06 clause unless the Seller Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the IssuerTrust. So long as the Servicer is the Seller or an Affiliate of the SellerDepositor, the Servicer may, but is not required to deliver the Performance CertificationCertificate. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the SellerDepositor. Each of the Indenture Trustee, Trustee and the Servicer and Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s 's attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the IssuerTrust.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20102007, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “"Certifying Person”") a certification (each, a “"Performance Certification”") and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix C (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix D (in the case of the Servicer) on which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s 's officers, directors and Affiliates (collectively with the Certifying Person, “"Certification Parties”") can reasonably rely. The Seller will not request delivery of a certification under this Section 11.06 unless the Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the Issuer. So long as the Servicer is the Seller or an Affiliate of the Seller, the Servicer is not required to deliver the Performance Certification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the Seller. Each of the Indenture Trustee, Trustee and the Servicer and Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s 's attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the Issuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 201020___, the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix C (in the case of a Reporting Subcontractor) and as Appendix D (in the case of the Servicer) on which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. The Seller will not request delivery of a certification under this Section 11.06 unless the Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the Issuer. So long as the Servicer is the Seller or an Affiliate of the Seller, the Servicer is not required to deliver the Performance Certification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the Seller. Each of the Indenture Trustee, the Servicer and Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the Issuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20102009, the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix C (in the case of a Reporting Subcontractor) and as Appendix D (in the case of the Servicer) on which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. The Seller will not request delivery of a certification under this Section 11.06 unless the Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the Issuer. So long as the Servicer is the Seller or an Affiliate of the Seller, the Servicer is not required to deliver the Performance Certification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the Seller. Each of the Indenture Trustee, Trustee and the Servicer and Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the Issuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20102011, the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix C (in the case of a Reporting Subcontractor) and as Appendix D (in the case of the Servicer) on which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. The Seller will not request delivery of a certification under this Section 11.06 unless the Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the Issuer. So long as the Servicer is the Seller or an Affiliate of the Seller, the Servicer is not required to deliver the Performance Certification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the Seller. Each of the Indenture Trustee, the Servicer and Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the Issuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20102009, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix C D (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix D E (in the case of the Servicer) on which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. The Seller Depositor will not request delivery of a certification under this Section 11.06 clause unless the Seller Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the IssuerTrust. So long as the Servicer is the Seller or an Affiliate of the SellerDepositor, the Servicer may, but is not required to deliver the Performance CertificationCertificate. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the SellerDepositor. Each of the Indenture Trustee, Trustee and the Servicer and Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the IssuerTrust.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 201020__, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “"Certifying Person”") a certification (each, a “"Performance Certification”") and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix C D (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix D E (in the case of the Servicer) on which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s 's officers, directors and Affiliates (collectively with the Certifying Person, “"Certification Parties”") can reasonably rely. The Seller Depositor will not request delivery of a certification under this Section 11.06 clause unless the Seller Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the IssuerTrust. So long as the Servicer is the Seller or an Affiliate of the SellerDepositor, the Servicer may, but is not required to deliver the Performance CertificationCertificate. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the SellerDepositor. Each of the Indenture Trustee, Trustee and the Servicer and Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s 's attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the IssuerTrust.