Common use of INFORMATION DELIVERED TO THE RATING AGENCY Clause in Contracts

INFORMATION DELIVERED TO THE RATING AGENCY. (a) The Servicer hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each Servicer's Certificate that it delivers to the Trustee and the Surety Bond Issuer pursuant to Section 8.09, (ii) a copy of each annual Officers' Certificate as to compliance and any notice of Default that it delivers to the Trustee pursuant to Section 8.10, (iii) a statement for each Collection Period including delinquency and loss information for the Receivables, the amount of any draws on the Surety Bond, (iv) written notice of any merger, consolidation, or other succession of the Servicer, pursuant to Section 13.03, or the Depositor, pursuant to Section 12.03, (v) a copy of each amendment to this Agreement and (vi) any Opinion of Counsel delivered to the Trustee pursuant to Section 17.02(i). (b) The Trustee hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each statement or notification to Certificateholders delivered pursuant to Section 9.07, 14.03 or 15.10, (ii) a copy of each annual certified public accountant's report received by the Trustee pursuant to Section 8.11, (iii) a copy of each amendment to this Agreement and (iv) a copy of the notice of termination of the Trust provided to Certificateholders pursuant to Section 16.01. (c) For purposes of delivery pursuant to paragraphs (a) and (b) of this Article VIII, the addresses for the Rating Agencies are: Structured Finance/Asset Backed Surveillance Group Standard & Poor's Ratings Group, a division of XxXxxx-Xxxx, Inc. 00 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxx'x Investors Service, Inc. Attention: ABS Monitoring Department 4th Floor 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (d) The provisions of this Article V are included herein for convenience of reference only and shall not be construed to be contractual undertakings or obligations. The failure of the Servicer or the Trustee to comply with any or all of the provisions of this Article V shall not constitute an Event of Default or a default of any kind under this Agreement or make any remedy available to any Person.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp)

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INFORMATION DELIVERED TO THE RATING AGENCY. (a) The Servicer hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each Servicer's Certificate that it delivers to the Trustee and the Surety Bond Issuer pursuant to Section 8.09, (ii) a copy of each annual Officers' Certificate as to compliance and any notice of Default that it delivers to the Trustee pursuant to Section 8.10, (iii) a copy of each annual certified public accountant's report that it delivers to the Trustee pursuant to Section 8.11, (iv) a statement for each Collection Period including delinquency and loss information for the Receivables, the amount of any draws on the Surety Bond, (ivv) written notice of any merger, consolidation, or other succession of the Servicer, pursuant to Section 13.03, or the Depositor, pursuant to Section 12.03, (vvi) a copy of each amendment to this Agreement and (vivii) any Opinion of Counsel delivered to the Trustee pursuant to Section 17.02(i). (b) The Trustee hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each statement or notification to Certificateholders delivered pursuant to Section 9.07, 14.03 or 15.10, (ii) a copy of each annual certified public accountant's report received by the Trustee pursuant to Section 8.11, (iii) a copy of each amendment to this Agreement and (iviii) a copy of the notice of termination of the Trust provided to Certificateholders pursuant to Section 16.01. (c) For purposes of delivery pursuant to paragraphs (a) and (b) of this Article VIII, the addresses for the Rating Agencies are: Structured Finance/Asset Backed Surveillance Group Standard & Poor's Ratings Group, a division of XxXxxx-Xxxx, Inc. 00 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxx'x Investors Service, Inc. Attention: ABS Monitoring Department 4th Floor 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (d) The provisions of this Article V are included herein for convenience of reference only and shall not be construed to be contractual undertakings or obligations. The failure of the Servicer or the Trustee to comply with any or all of the provisions of this Article V shall not constitute an Event of Default or a default of any kind under this Agreement or make any remedy available to any Person.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp)

INFORMATION DELIVERED TO THE RATING AGENCY. (a) The Servicer hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each Servicer's Certificate that it delivers to the Trustee and the Surety Bond Issuer Insurer pursuant to Section 8.09, (ii) a copy of each annual Officers' Certificate as to compliance and any notice of Default that it delivers to the Trustee pursuant to Section 8.10, (iii) a copy of each annual certified public accountant's report that it delivers to the Trustee pursuant to Section 8.11, (iv) a statement for each Collection Period including delinquency and loss information for the Receivables, the amount of any draws on the Surety BondPolicy, (ivv) written notice of any merger, consolidation, or other succession of the Servicer, pursuant to Section 13.03, or the Depositor, pursuant to Section 12.03, (vvi) a copy of each amendment to this Agreement and (vivii) any Opinion of Counsel delivered to the Trustee pursuant to Section 17.02(i). (b) The Trustee and the Servicer hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each statement or notification to Certificateholders delivered pursuant to Section 9.07, 14.03 or 15.10, (ii) a copy of each annual certified public accountant's report received by the Trustee pursuant to Section 8.11, (iii) a copy of each amendment to this Agreement and (iviii) a copy of the notice of termination of the Trust provided to Certificateholders pursuant to Section 16.01. (c) For purposes of delivery pursuant to paragraphs (a) and (b) of this Article VIII, the addresses for the Rating Agencies are: Structured Finance/Asset Backed Surveillance Group Standard & Poor's Ratings Group, a division of XxXxxx-Xxxx, Inc. 00 XxxxxxxxXxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxx'x Investors Service, Inc. Attention: ABS Monitoring Department 4th Floor 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (d) The provisions of this Article V are included herein for convenience of reference only and shall not be construed to be contractual undertakings or obligations. The failure of the Servicer or the Trustee to comply with any or all of the provisions of this Article V shall not constitute an Event of Default or a default of any kind under this Agreement or make any remedy available to any Person.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp)

INFORMATION DELIVERED TO THE RATING AGENCY. (a) The Servicer hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each Servicer's Certificate that it delivers to the Trustee and the Surety Bond Issuer Insurer pursuant to Section 8.09, (ii) a copy of each annual Officers' Certificate as to compliance and any notice of Default that it delivers to the Trustee pursuant to Section 8.10, (iii) a copy of each annual certified public accountant's report that it delivers to the Trustee pursuant to Section 8.11, (iv) a statement for each Collection Period including delinquency and loss information for the Receivables, the amount of any draws on the Surety BondPolicy, (ivv) written notice of any merger, consolidation, or other succession of the Servicer, pursuant to Section 13.03, or the Depositor, pursuant to Section 12.03, (vvi) a copy of each amendment to this Agreement and (vivii) any Opinion of Counsel delivered to the Trustee pursuant to Section 17.02(i). (b) The Each of the Trustee and the Servicer hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each statement or notification to Certificateholders delivered pursuant to Section 9.07, 14.03 or 15.10, (ii) a copy of each annual certified public accountant's report received by the Trustee pursuant to Section 8.11, (iii) a copy of each amendment to this Agreement and (iviii) a copy of the notice of termination of the Trust provided to Certificateholders pursuant to Section 16.01. (c) For purposes of delivery pursuant to paragraphs (a) and (b) of this Article VIIIV, the addresses for the Rating Agencies are: Structured Finance/Asset Backed Surveillance Group Standard & Poor's Ratings Group, a division of XxXxxx-Xxxx, Inc. 00 XxxxxxxxXxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxx'x Investors Service, Inc. Attention: ABS Monitoring Department 4th Floor 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (d) The provisions of this Article V are included herein for convenience of reference only and shall not be construed to be contractual undertakings or obligations. The failure of the Servicer or the Trustee to comply with any or all of the provisions of this Article V shall not constitute an Event of Default or a default of any kind under this Agreement or make any remedy available to any Person.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp)

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INFORMATION DELIVERED TO THE RATING AGENCY. (a) The Servicer hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each Servicer's Certificate that it delivers to the Trustee and the Surety Bond Issuer Insurer pursuant to Section 8.09, (ii) a copy of each annual Officers' Certificate as to compliance and any notice of Default that it delivers to the Trustee pursuant to Section 8.10, (iii) a copy of each annual certified public accountant's report that it delivers to the Trustee pursuant to Section 8.11, (iv) a statement for each Collection Period including delinquency and loss information for the Receivables, the amount of Subsequent Receivables purchased from the Depositor and the amount of any draws on the Surety BondPolicy, (ivv) written notice of any merger, consolidation, or other succession of the Servicer, pursuant to Section 13.03, or the Depositor, pursuant to Section 12.0317.03, (vvi) a copy of each amendment to this the Agreement and (vivii) any Opinion of Counsel delivered to the Trustee pursuant to Section 17.02(i). (b) The Trustee and the Servicer hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each statement or notification to Certificateholders delivered pursuant to Section 9.07, 14.03 or 15.10, (ii) a copy of each annual certified public accountant's report received by the Trustee pursuant to Section 8.11, (iii) a copy of each amendment to this the Agreement and (iv) a copy of the notice of termination of the Trust provided to Certificateholders pursuant to Section 16.01. (c) For purposes of delivery pursuant to paragraphs (a) and (b) of this Article VIIIV, the addresses address for the Rating Agencies are: Structured Finance/Asset Backed Surveillance Group Standard & Poor's Ratings Group, a division of XxXxxx-Xxxx, Inc. 00 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxx'x Investors Service, Inc. Attention: ABS Monitoring Department 4th Floor 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (d) The provisions of this Article V are included herein for convenience of reference only and shall not be construed to be contractual undertakings or obligations. The failure of the Servicer or the Trustee to comply with any or all of the provisions of this Article V shall not constitute an Event of Default or a default of any kind under this Agreement or make any remedy available to any Person.POOLING AND SERVICING AGREEMENT

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Deposit CORP)

INFORMATION DELIVERED TO THE RATING AGENCY. (a) The Servicer hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each Servicer's Certificate that it delivers to the Trustee and the Surety Bond Issuer pursuant to Section 8.0913.09 of the Standard Terms, (ii) a copy of each annual Officers' Certificate as to compliance and any notice of Default that it delivers to the Trustee pursuant to Section 8.1013.10 of the Standard Terms, (iii) a statement for each Collection Period including delinquency and loss information for the Receivables, Receivables and the amount of any draws on Subsequent Receivables purchased from the Surety BondDepositor, (iv) written notice of any merger, consolidation, or other succession of the Servicer, pursuant to Section 13.0318.03 of the Standard Terms, or the Depositor, pursuant to Section 12.0317.03 of the Standard Terms, (v) a copy of each amendment to this the Agreement or the Standard Terms and (vi) any Opinion of Counsel delivered to the Trustee pursuant to Section 17.02(i)22.02(i) of the Standard Terms. (b) The Trustee hereby expresses its intention to deliver promptly to the Rating Agency (i) a copy of each statement or notification to Certificateholders delivered pursuant to Section 9.0714.07, 14.03 19.03 or 15.1020.10 of the Standard Terms, (ii) a copy of each annual certified public accountant's report received by the Trustee pursuant to Section 8.1113.11 of the Standard Terms, (iii) a copy of each amendment to this the Agreement and (iv) a copy of the notice of termination of the Trust provided to Certificateholders pursuant to Section 16.0121.01 of the Standard Terms. (c) For purposes of delivery pursuant to paragraphs (a) and (b) of this Article VIII, the addresses address for the Rating Agencies are: Structured Finance/Asset Backed Surveillance Group Standard & Poor's Ratings Group, a division of XxXxxx-Xxxx, Inc. 00 Xxxxxxxx, 00xx Xxxxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxx'x Investors Service, Inc. Attention: ABS Monitoring Department 4th Floor 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (d) The provisions of this Article V VIII are included herein for convenience of reference only and shall not be construed to be contractual undertakings or obligations. The failure of the Servicer or the Trustee to comply with any or all of the provisions of this Article V VIII shall not constitute an Event of Default or a default of any kind under this Pooling and Servicing Agreement or make any remedy available to any Person.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp)

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