Common use of Certification by Indenture Trustee; Possession of Loan Files Clause in Contracts

Certification by Indenture Trustee; Possession of Loan Files. (a) On or prior to the applicable Transfer Date, the Indenture Trustee shall review the portion of the Loan File required to be delivered pursuant to Section 2.06(b) on the applicable Transfer Date and shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1 on or prior to such Transfer Date. Within two (2) Business Days after the Indenture Trustee receives the portion of the Loan File permitted to be delivered after the applicable Transfer Date pursuant to Section 2.06(b), the Indenture Trustee shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1. Within 360 days after each Transfer Date (or, with respect to any Substitute Loan, within 360 days after the assignment thereof), the Indenture Trustee shall deliver to the Originator, the Servicer, the Trust Depositor, each Hedge Counterparty and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2 evidencing the completeness of the Loan Files with respect to the Loans being transferred on such Transfer Date.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

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Certification by Indenture Trustee; Possession of Loan Files. (a) On or prior to the applicable Transfer Date, the Indenture Trustee shall review the portion of the Loan File required to be delivered pursuant to Section 2.06(b) on the applicable Transfer Date and shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1 L–1 on or prior to such Transfer Date. Within two (2) Business Days after the Indenture Trustee receives the portion of the Loan File permitted to be delivered after the applicable Transfer Date pursuant to Section 2.06(b), the Indenture Trustee shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1L–1. Within 360 days after each Transfer Date (or, with respect to any Substitute Loan, within 360 days after the assignment thereof), the Indenture Trustee shall deliver to the Originator, the Servicer, the Trust Depositor, each Hedge Counterparty and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2 L–2 evidencing the completeness of the Loan Files with respect to the Loans being transferred on such Transfer Date.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Certification by Indenture Trustee; Possession of Loan Files. (a) On or prior to the applicable Transfer Date, the Indenture Trustee shall review the portion of the Loan File required to be delivered pursuant to Section subsection 2.06(b) on the applicable Transfer Date and shall deliver to the ------------------ Originator, the Trust Depositor, each Hedge Counterparty Depositor and the Servicer a certification in the form attached hereto as Exhibit L-1 on or prior to such Transfer Date. Within two (2) ----------- Business Days after the Indenture Trustee receives the portion of the Loan File permitted to be delivered after the applicable Transfer Date pursuant to Section subsection 2.06(b), the Indenture Trustee shall deliver to the Originator, the ------------------ Trust Depositor, each Hedge Counterparty Depositor and the Servicer a certification in the form attached hereto as Exhibit L-1. Within 360 days after each Transfer Date (or, with respect to any ----------- Substitute Loan, within 360 days after the assignment thereof), the Indenture Trustee shall deliver to the Originator, the Servicer, the Trust Depositor, each Hedge Counterparty Depositor and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2 evidencing the ----------- completeness of the Loan Files with respect to the Loans being transferred on such Transfer Date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (MCG Capital Corp)

Certification by Indenture Trustee; Possession of Loan Files. (a) On or prior to the applicable Transfer Date, the Indenture Trustee shall review the portion of the Loan File required to be delivered pursuant to Section 2.06(b2.07(b) on the applicable Transfer Date and shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1 L–1 on or prior to such Transfer Date. Within two (2) Business Days after the Indenture Trustee receives the portion of the Loan File permitted to be delivered after the applicable Transfer Date pursuant to Section 2.06(b2.07(b), the Indenture Trustee shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1L–1. Within 360 days after each Transfer Date (or, with respect to any Substitute Loan, within 360 days after the assignment thereof), the Indenture Trustee shall deliver to the Originator, the Servicer, the Trust Depositor, each Hedge Counterparty and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2 L–2 evidencing the completeness of the Loan Files with respect to the Loans being transferred on such Transfer Date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Certification by Indenture Trustee; Possession of Loan Files. 2.8 (a) On or prior to the applicable Transfer Date, the Indenture Trustee shall review the portion of the Loan File required to be delivered pursuant to Section 2.06(bsubsection 2.6(b) on the applicable Transfer Date and shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty Depositor and the Servicer a certification in the form attached hereto as Exhibit L-1 N on or prior to such Transfer Date. Within two (2) Business Days Promptly after the Indenture Trustee receives the portion of the Loan File permitted to be delivered after the applicable Transfer Date pursuant to Section 2.06(bsubsection 2.6(b), the Indenture Trustee shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty Depositor and the Servicer a certification in the form attached hereto as Exhibit L-1O-1. Within 360 days after each Transfer Date (or, with respect to any Substitute Loan, within 360 days after the assignment thereof), the Indenture Trustee shall deliver to the Originator, the Servicer, the Trust Depositor, each Hedge Counterparty Rating Agency and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2 O-2 evidencing the completeness of the Loan Files with respect to the Loans being transferred on such Transfer Date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (MCG Capital Corp)

Certification by Indenture Trustee; Possession of Loan Files. (a) On or prior to the applicable Transfer Date, the Indenture Trustee shall review the portion of the Loan File required to be delivered pursuant to Section 2.06(b) on the applicable Transfer Date and shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1 L—1 on or prior to such Transfer Date. Within two (2) Business Days after the Indenture Trustee receives the portion of the Loan File permitted to be delivered after the applicable Transfer Date pursuant to Section 2.06(b), the Indenture Trustee shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1L—1. Within 360 days after each Transfer Date (or, with respect to any Substitute Loan, within 360 days after the assignment thereof), the Indenture Trustee shall deliver to the Originator, the Servicer, the Trust Depositor, each Hedge Counterparty and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2 L—2 evidencing the completeness of the Loan Files with respect to the Loans being transferred on such Transfer Date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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Certification by Indenture Trustee; Possession of Loan Files. (a) On or prior to the applicable Transfer Date, the Indenture Trustee shall review the portion of the Loan File required to be delivered pursuant to Section subsection 2.06(b) on the applicable Transfer Date and shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1 on or prior to such Transfer Date. Within two (2) Business Days after the Indenture Trustee receives the portion of the Loan File permitted to be delivered after the applicable Transfer Date pursuant to Section subsection 2.06(b), the Indenture Trustee shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1. Within 360 days after each Transfer Date (or, with respect to any Substitute Loan, within 360 days after the assignment thereof), the Indenture Trustee shall deliver to the Originator, the Servicer, the Trust Depositor, each Hedge Counterparty and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2 evidencing the completeness of the Loan Files with respect to the Loans being transferred on such Transfer Date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Certification by Indenture Trustee; Possession of Loan Files. (a) On or prior to the applicable Transfer Date, the Indenture Trustee shall review the portion of the Loan File required to be delivered pursuant to Section subsection 2.06(b) on the applicable Transfer Date and shall deliver to the Originator, the Trust Depositor, each Hedge Swap Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1 on or prior to such Transfer Date. Within two (2) Business Days after the Indenture Trustee receives the portion of the Loan File permitted to be delivered after the applicable Transfer Date pursuant to Section subsection 2.06(b), the Indenture Trustee shall deliver to the Originator, the Trust Depositor, each Hedge Swap Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1. Within 360 days after each Transfer Date (or, with respect to any Substitute Loan, within 360 days after the assignment thereof), the Indenture Trustee shall deliver to the Originator, the Servicer, the Trust Depositor, each Hedge Swap Counterparty and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2 evidencing the completeness of the Loan Files with respect to the Loans being transferred on such Transfer Date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Certification by Indenture Trustee; Possession of Loan Files. (a) Review; Certification. On or prior to the applicable Transfer Date, the Indenture Trustee shall review the portion of the Loan File required to be delivered pursuant to Section 2.06(b) 2.07 on the applicable Transfer Date and shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1 L–1 on or prior to such Transfer Date. Within two (2) Business Days after the Indenture Trustee receives the portion of the Loan File permitted to be delivered after the applicable Transfer Date pursuant to Section 2.06(b)2.07, the Indenture Trustee shall deliver to the Originator, the Trust Depositor, each Hedge Counterparty and the Servicer a certification in the form attached hereto as Exhibit L-1L–1. Within 360 days after each Transfer Date (or, with respect to any Substitute Loan, within 360 days after the assignment thereof), the Indenture Trustee shall deliver to the Originator, the Servicer, the Trust Depositor, S&P, each Hedge Counterparty and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2 L–2 evidencing the completeness of the Loan Files with respect to the Loans being transferred on such Transfer Date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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