Common use of Information to be Provided by the Servicer Clause in Contracts

Information to be Provided by the Servicer. (a) If so requested by the Owner or any Depositor, the Servicer shall provide such information regarding the Servicer, as servicer of the Mortgage Loans, and each Subservicer (each of the Servicer and each Subservicer, for purposes of this Section 9.3(a), a “Servicing Entity”), as is requested for the purpose of compliance with Item 1108 of Regulation AB. Such information shall include, at a minimum: (i) the Servicing Entity’s form of organization; (ii) a description of how long the Servicing Entity has been servicing mortgage loans; a general discussion of the Servicing Entity’s experience in servicing assets of any type as well as a more detailed discussion of the Servicing Entity’s experience in, and procedures for, the servicing function it will perform under this Agreement and any Reconstitution Agreements; information regarding the size, composition and growth of the Servicing Entity’s portfolio of mortgage loans of a type similar to the Mortgage Loans and information on factors related to the Servicing Entity that may be material, in the good faith judgment of the Owner or any Depositor, to any analysis of the servicing of the Mortgage Loans or the related asset-backed securities, as applicable, including, without limitation: (A) whether any prior securitizations of mortgage loans of a type similar to the Mortgage Loans involving the Servicing Entity have defaulted or experienced an early amortization or other performance triggering event because of servicing during the three-year period immediately preceding the related Securitization Transaction; (B) the extent of outsourcing the Servicing Entity utilizes; (C) whether there has been previous disclosure of material noncompliance with the applicable servicing criteria with respect to other securitizations of mortgage loans involving the Servicing Entity as a servicer during the three-year period immediately preceding the related Securitization Transaction; (D) whether the Servicing Entity has been terminated as servicer in a mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; and (E) such other information as the Owner or any Depositor may reasonably request for the purpose of compliance with Item 1108(b)(2) of Regulation AB; (iii) a description of any material changes during the three-year period immediately preceding the related Securitization Transaction to the Servicing Entity’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreements for mortgage loans of a type similar to the Mortgage Loans; (iv) information regarding the Servicing Entity’s financial condition, to the extent that there is a material risk that an adverse financial event or circumstance involving the Servicing Entity could have a material adverse effect on the performance by the Servicing Entity of its servicing obligations under this Agreement or any Reconstitution Agreement; (v) information regarding advances made by the Servicing Entity on the Mortgage Loans and the Servicing Entity’s overall servicing portfolio of mortgage loans for the three-year period immediately preceding the related Securitization Transaction, which may be limited to a statement by an authorized officer of the Servicing Entity to the effect that the Servicing Entity has made all advances required to be made on mortgage loans serviced by it during such period, or, if such statement would not be accurate, information regarding the percentage and type of advances not made as required, and the reasons for such failure to advance; (vi) a description of the Servicing Entity’s processes and procedures designed to address any special or unique factors involved in servicing loans of a similar type as the Mortgage Loans; (vii) a description of the Servicing Entity’s processes for handling delinquencies, losses, bankruptcies and recoveries, such as through liquidation of mortgaged properties, sale of defaulted mortgage loans or workouts; and (viii) information as to how the Servicing Entity defines or determines delinquencies and charge-offs, including the effect of any grace period, re-aging, restructuring, partial payments considered current or other practices with respect to delinquency and loss experience. (b) If so requested by the Owner or any Depositor for the purpose of satisfying its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Subservicer to) (i) notify the Owner and any Depositor in writing of (A) any material litigation or governmental proceedings pending against the Servicer or any Subservicer, and (B) any affiliations or relationships that develop following the closing date of a Securitization Transaction between the Servicer or any Subservicer and any of the parties: the sponsor, the depositor, the issuing entity, any servicer, any trustee, any originator, any significant obligor, any enhancement or support provider or any other material transaction party (and any other parties identified in writing by the requesting party) with respect to such Securitization Transaction, and (ii) provide to the Owner and any Depositor a description of such proceedings, affiliations or relationships. (c) As a condition to the succession to the Servicer or any Subservicer as servicer or subservicer under this Agreement or any Reconstitution Agreement by any Person (i) into which the Servicer or such Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Subservicer, the Servicer shall provide to the Owner and any Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Owner and any Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Owner and such Depositor, all information reasonably requested by the Owner or any Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any class of asset-backed securities. (d) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this Agreement, if so requested by the Owner or any Depositor, the Servicer shall provide such information regarding the performance or servicing of the Mortgage Loans as is reasonably required to facilitate preparation of distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the monthly reports otherwise required to be delivered by the servicer under this Agreement, commencing with the first such report due not less than ten Business Days following such request.

Appears in 7 contracts

Samples: Confirmation Agreement (Bayview 2006-B), Servicing Confirmation Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-C), Servicing Confirmation Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-A)

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Information to be Provided by the Servicer. (a) If so requested by the Owner or any Depositor, the Servicer shall provide such information regarding the Servicer, as servicer of the Mortgage Loans, and each Subservicer (each of the Servicer and each Subservicer, for purposes of this Section 9.3(a), a “Servicing Entity”), as is requested for the purpose of compliance with Item 1108 of Regulation AB. Such information shall include, at a minimum: (i) the Servicing Entity’s form of organization; (ii) a description of how long the Servicing Entity has been servicing mortgage loans; a general discussion of the Servicing Entity’s experience in servicing assets of any type as well as a more detailed discussion of the Servicing Entity’s experience in, and procedures for, the servicing function it will perform under this Agreement and any Reconstitution Agreements; information regarding the size, composition and growth of the Servicing Entity’s portfolio of mortgage loans of a type similar to the Mortgage Loans and information on factors related to the Servicing Entity that may be material, in the good faith judgment of the Owner or any Depositor, to any analysis of the servicing of the Mortgage Loans or the related asset-backed securities, as applicable, including, without limitation: (A) whether any prior securitizations of mortgage loans of a type similar to the Mortgage Loans involving the Servicing Entity have defaulted or experienced an early amortization or other performance triggering event because of servicing during the three-year period immediately preceding the related Securitization Transaction; (B) the extent of outsourcing the Servicing Entity utilizes; (C) whether there has been previous disclosure of material noncompliance with the applicable servicing criteria with respect to other securitizations of mortgage loans involving the Servicing Entity as a servicer during the three-year period immediately preceding the related Securitization Transaction; (D) whether the Servicing Entity has been terminated as servicer in a mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; and (E) such other information as the Owner or any Depositor may reasonably request for the purpose of compliance with Item 1108(b)(2) of Regulation AB; (iii) a description of any material changes during the three-year period immediately preceding the related Securitization Transaction to the Servicing Entity’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreements for mortgage loans of a type similar to the Mortgage Loans; (iv) information regarding the Servicing Entity’s financial condition, to the extent that there is a material risk that an adverse financial event or circumstance involving the Servicing Entity could have a material adverse effect on the performance by the Servicing Entity of its servicing obligations under this Agreement or any Reconstitution Agreement; (v) information regarding advances made by the Servicing Entity on the Mortgage Loans and the Servicing Entity’s overall servicing portfolio of mortgage loans for the three-year period immediately preceding the related Securitization Transaction, which may be limited to a statement by an authorized officer of the Servicing Entity to the effect that the Servicing Entity has made all advances required to be made on mortgage loans serviced by it during such period, or, if such statement would not be accurate, information regarding the percentage and type of advances not made as required, and the reasons for such failure to advance; (vi) a description of the Servicing Entity’s processes and procedures designed to address any special or unique factors involved in servicing loans of a similar type as the Mortgage Loans; (vii) a description of the Servicing Entity’s processes for handling delinquencies, losses, bankruptcies and recoveries, such as through liquidation of mortgaged properties, sale of defaulted mortgage loans or workouts; and (viii) information as to how the Servicing Entity defines or determines delinquencies and charge-offs, including the effect of any grace period, re-aging, restructuring, partial payments considered current or other practices with respect to delinquency and loss experience. (b) If so requested by the Owner or any Depositor for the purpose of satisfying its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Subservicer to) (i) notify the Owner and any Depositor in writing of (A) any material litigation or governmental proceedings pending against the Servicer or any Subservicer, and (B) any affiliations or relationships that develop following the closing date of a Securitization Transaction between the Servicer or any Subservicer and any of the parties: the sponsor, the depositor, the issuing entity, any servicer, any trustee, any originator, any significant obligor, any enhancement or support provider or any other material transaction party (and any other parties identified in writing by the requesting party) with respect to such Securitization Transaction, and (ii) provide to the Owner and any Depositor a description of such proceedings, affiliations or relationships. (c) As a condition to the succession to the Servicer or any Subservicer as servicer or subservicer Subservicer under this Agreement or any Reconstitution Agreement by any Person (i) into which the Servicer or such Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Subservicer, the Servicer shall provide to the Owner and any Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Owner and any Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Owner and such Depositor, all information reasonably requested by the Owner or any Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any class of asset-backed securities. (d) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this Agreement, if so requested by the Owner or any Depositor, the Servicer shall provide such information regarding the performance or servicing of the Mortgage Loans as is reasonably required to facilitate preparation of distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the monthly reports otherwise required to be delivered by the servicer under this Agreement, commencing with the first such report due not less than ten Business Days following such request.

Appears in 6 contracts

Samples: Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-B), Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-A), Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-D)

Information to be Provided by the Servicer. In connection with any Securitization Transaction, the Servicer shall (i) within five (5) Business Days following a request by the Transferor, provide to the Transferor, in writing, the information specified in this Section 9.3, and (ii) as promptly as practicable following notice to or discovery by the Servicer of any changes to such information, provide to the Transferor, in writing, such updated information. (a) If so requested by the Owner or any DepositorTransferor, the Servicer shall provide to the Transferor such information regarding the Servicer, as servicer of the Mortgage Loans, Servicer and each Subservicer (each of the Servicer and each Subservicer, for purposes of this Section 9.3(a)paragraph, a “Servicing EntityParty”), as is requested for the purpose of compliance with Item 1108 of Regulation AB. Such information shall include, at a minimum: (iA) the Servicing EntityParty’s name and form of organization; (iiB) a description of how long the Servicing Entity Party has been servicing mortgage loanscredit or charge card receivables; a general discussion of the Servicing EntityParty’s experience in servicing assets of any type as well as a more detailed discussion of the Servicing EntityParty’s experience in, and procedures for, the servicing function it will perform under this Agreement and any Reconstitution AgreementsAgreement; information regarding the size, composition and growth of the Servicing EntityParty’s portfolio of mortgage loans credit card accounts of a type similar to the Mortgage Loans Accounts and information on factors related to the Servicing Entity Party that may be material, in the good faith judgment of the Owner or any DepositorTransferor, to any analysis of the servicing of the Mortgage Loans Receivables or the related asset-backed securities, as applicable, including, without limitation: (A1) whether any prior securitizations of mortgage loans of a type similar to the Mortgage Loans credit or charge card receivables involving the Servicing Entity have Party defaulted or experienced an early amortization or other performance triggering event because of servicing during the three-year period immediately preceding the related Securitization Transaction; (B2) the extent of outsourcing the Servicing Entity Party utilizes; (C3) whether there has been previous disclosure of material noncompliance with the applicable servicing criteria with respect to other securitizations of mortgage loans credit card receivables involving the Servicing Entity Party as a servicer during the three-year period immediately preceding the related Securitization Transaction; (D4) whether the Servicing Entity Party has been terminated as servicer in a mortgage loan securitizationsecuritization of credit or charge card receivables, either due to a servicing default or to application of a servicing performance test or trigger; and (E5) such other information as the Owner or any Depositor Transferor may reasonably request for the purpose of compliance with Item 1108(b)(2) of Regulation AB; (iiiC) a description of any material changes during the three-year period immediately preceding the related Securitization Transaction to the Servicing EntityParty’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreements for mortgage loans of a type similar to the Mortgage LoansAgreement; (ivD) information regarding the Servicing EntityParty’s financial condition, to the extent that there is a material risk that an adverse financial event or circumstance involving the Servicing Entity Party could have a material adverse effect on the performance by the Servicing Entity Party of its servicing obligations under this Agreement or any Reconstitution Agreement; (v) information regarding advances made by the Servicing Entity on the Mortgage Loans and the Servicing Entity’s overall servicing portfolio of mortgage loans for the three-year period immediately preceding the related Securitization Transaction, which may be limited to a statement by an authorized officer of the Servicing Entity to the effect that the Servicing Entity has made all advances required to be made on mortgage loans serviced by it during such period, or, if such statement would not be accurate, information regarding the percentage and type of advances not made as required, and the reasons for such failure to advance; (viE) a description of the Servicing EntityParty’s processes and procedures designed to address any special or unique factors involved in servicing loans of a similar type as the Mortgage Loansservicing; (viiF) a description of the Servicing EntityParty’s processes for handling delinquencies, losses, bankruptcies and recoveries, such as through liquidation of mortgaged properties, sale of defaulted mortgage loans or workoutsreceivables; and (viiiG) information as to how the Servicing Entity Party defines or determines delinquencies and charge-offs, including the effect of any grace period, re-aging, restructuring, partial payments considered current or other practices with respect to delinquency and loss experience. (b) If so requested by the Owner or any Depositor for the purpose of satisfying its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Subservicer to) (i) notify the Owner and any Depositor in writing of (A) any material litigation or governmental proceedings pending against the Servicer or any Subservicer, and (B) any affiliations or relationships that develop following the closing date of a Securitization Transaction between the Servicer or any Subservicer and any of the parties: the sponsor, the depositor, the issuing entity, any servicer, any trustee, any originator, any significant obligor, any enhancement or support provider or any other material transaction party (and any other parties identified in writing by the requesting party) with respect to such Securitization Transaction, and (ii) provide to the Owner and any Depositor a description of such proceedings, affiliations or relationships. (c) As a condition to the succession to the Servicer or any Subservicer as servicer or subservicer under this Agreement or any Reconstitution Agreement by any Person (i) into which the Servicer or such Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any such Subservicer, the Servicer shall provide to the Owner and any Depositor, Transferor at least 15 fifteen (15) calendar days prior to the effective date of such succession or appointment, (x) written notice to the Owner and any Depositor Transferor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Owner and such DepositorTransferor, all information reasonably requested by the Owner or any Depositor Transferor in order to comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any class of asset-backed securitiesSeries, Class or Tranche. (dc) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this Agreement, if so requested by the Owner or any DepositorTransferor, the Servicer shall provide to the Transferor such information regarding the performance or servicing of the Mortgage Loans Receivables as is reasonably required to facilitate preparation of distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the monthly distribution reports otherwise required to be delivered monthly by the servicer Servicer under this Agreement, commencing with the first such report due not less than ten (10) Business Days following such request.

Appears in 6 contracts

Samples: Servicing Agreement, Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)

Information to be Provided by the Servicer. In connection with any Securitization Transaction, the Servicer shall (i) within five (5) Business Days following request by the Transferors, provide to the Transferors, in writing, the information specified in this Section, and (ii) as promptly as practicable following notice to or discovery by the Servicer of any changes to such information, provide to the Transferors, in writing, such updated information. (a) If so requested by the Owner or any DepositorTransferors, the Servicer shall provide to the Transferors such information regarding the Servicer, as servicer of the Mortgage Loans, Servicer and each Subservicer (each of the Servicer and each Subservicer, for purposes of this Section 9.3(a)paragraph, a “Servicing EntityParty”), as is requested for the purpose of compliance with Item 1108 of Regulation AB. Such information shall include, at a minimum: (iA) the Servicing EntityParty’s name and form of organization; (iiB) a description of how long the Servicing Entity Party has been servicing mortgage loanscredit card receivables; a general discussion of the Servicing EntityParty’s experience in servicing assets of any type as well as a more detailed discussion of the Servicing EntityParty’s experience in, and procedures for, the servicing function it will perform under this Agreement and any Reconstitution AgreementsSupplement; information regarding the size, composition and growth of the Servicing EntityParty’s portfolio of mortgage loans credit card accounts of a type similar to the Mortgage Loans Accounts and information on factors related to the Servicing Entity Party that may be material, in the good faith judgment of the Owner or any DepositorTransferors, to any analysis of the servicing of the Mortgage Loans Receivables or the related asset-backed securities, as applicable, including, without limitation: (A1) whether any prior securitizations of mortgage loans of a type similar to the Mortgage Loans credit card receivables involving the Servicing Entity have Party defaulted or experienced an early amortization or other performance triggering event because of servicing during the three-year period immediately preceding the related Securitization Transaction; (B2) the extent of outsourcing the Servicing Entity Party utilizes; (C3) whether there has been previous disclosure of material noncompliance with the applicable servicing criteria with respect to other securitizations of mortgage loans credit card receivables involving the Servicing Entity Party as a servicer during the three-year period immediately preceding the related Securitization Transaction; (D4) whether the Servicing Entity Party has been terminated as servicer in a mortgage loan securitizationsecuritization of credit card receivables, either due to a servicing default or to application of a servicing performance test or trigger; and (E5) such other information as the Owner or any Depositor Transferors may reasonably request for the purpose of compliance with Item 1108(b)(2) of Regulation AB; (iiiC) a description of any material changes during the three-year period immediately preceding the related Securitization Transaction to the Servicing EntityParty’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreements for mortgage loans of a type similar to the Mortgage LoansSupplement; (ivD) information regarding the Servicing EntityParty’s financial condition, to the extent that there is a material risk that an adverse financial event or circumstance involving the Servicing Entity Party could have a material adverse effect on the performance by the Servicing Entity Party of its servicing obligations under this Agreement or any Reconstitution AgreementSupplement; (v) information regarding advances made by the Servicing Entity on the Mortgage Loans and the Servicing Entity’s overall servicing portfolio of mortgage loans for the three-year period immediately preceding the related Securitization Transaction, which may be limited to a statement by an authorized officer of the Servicing Entity to the effect that the Servicing Entity has made all advances required to be made on mortgage loans serviced by it during such period, or, if such statement would not be accurate, information regarding the percentage and type of advances not made as required, and the reasons for such failure to advance; (viE) a description of the Servicing EntityParty’s processes and procedures designed to address any special or unique factors involved in servicing loans of a similar type as the Mortgage Loansservicing; (viiF) a description of the Servicing EntityParty’s processes for handling delinquencies, losses, bankruptcies and recoveries, such as through liquidation of mortgaged properties, sale of defaulted mortgage loans or workoutsreceivables; and (viiiG) information as to how the Servicing Entity Party defines or determines delinquencies and charge-offs, including the effect of any grace period, re-aging, restructuring, partial payments considered current or other practices with respect to delinquency and loss experience. (b) If so requested by the Owner or any Depositor for the purpose of satisfying its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Subservicer to) (i) notify the Owner and any Depositor in writing of (A) any material litigation or governmental proceedings pending against the Servicer or any Subservicer, and (B) any affiliations or relationships that develop following the closing date of a Securitization Transaction between the Servicer or any Subservicer and any of the parties: the sponsor, the depositor, the issuing entity, any servicer, any trustee, any originator, any significant obligor, any enhancement or support provider or any other material transaction party (and any other parties identified in writing by the requesting party) with respect to such Securitization Transaction, and (ii) provide to the Owner and any Depositor a description of such proceedings, affiliations or relationships. (c) As a condition to the succession to the Servicer or any Subservicer as servicer or subservicer under this Agreement or any Reconstitution Agreement Supplement by any Person (i) into which the Servicer or such Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any such Subservicer, the Servicer shall provide to the Owner and any Depositor, Transferors at least 15 fifteen (15) calendar days prior to the effective date of such succession or appointment, (x) written notice to the Owner and any Depositor Transferors of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Owner and such DepositorTransferors, all information reasonably requested by the Owner or any Depositor Transferors in order to comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any class of asset-backed securitiesSeries or Class. (dc) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this AgreementAgreement and any Supplement, if so requested by the Owner or any DepositorTransferors, the Servicer shall provide to the Transferors such information regarding the performance or servicing of the Mortgage Loans Receivables as is reasonably required to facilitate preparation of distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the monthly distribution reports otherwise required to be delivered monthly by the servicer Servicer under this AgreementAgreement and any Supplement, commencing with the first such report due not less than ten (10) Business Days following such request.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Credit Account Master Trust), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Information to be Provided by the Servicer. In connection with any Securitization Transaction, the Servicer shall (i) within five (5) Business Days following request by the Transferor, provide to the Transferor, in writing, the information specified in this Section, and (ii) as promptly as practicable following notice to or discovery by the Servicer of any changes to such information, provide to the Transferor, in writing, such updated information. (a) If so requested by the Owner or any DepositorTransferor, the Servicer shall provide to the Transferor such information regarding the Servicer, as servicer of the Mortgage Loans, Servicer and each Subservicer (each of the Servicer and each Subservicer, for purposes of this Section 9.3(a)paragraph, a “Servicing EntityParty”), as is requested for the purpose of compliance with Item 1108 of Regulation AB. Such information shall include, at a minimum: (iA) the Servicing EntityParty’s name and form of organization; (iiB) a description of how long the Servicing Entity Party has been servicing mortgage loanscredit card receivables; a general discussion of the Servicing EntityParty’s experience in servicing assets of any type as well as a more detailed discussion of the Servicing EntityParty’s experience in, and procedures for, the servicing function it will perform under this Agreement and any Reconstitution AgreementsSupplement; information regarding the size, composition and growth of the Servicing EntityParty’s portfolio of mortgage loans credit card accounts of a type similar to the Mortgage Loans Accounts and information on factors related to the Servicing Entity Party that may be material, in the good faith judgment of the Owner or any DepositorTransferor, to any analysis of the servicing of the Mortgage Loans Receivables or the related asset-backed securities, as applicable, including, without limitation: (A1) whether any prior securitizations of mortgage loans of a type similar to the Mortgage Loans credit card receivables involving the Servicing Entity have Party defaulted or experienced an early amortization or other performance triggering event because of servicing during the three-year period immediately preceding the related Securitization Transaction; (B2) the extent of outsourcing the Servicing Entity Party utilizes; (C3) whether there has been previous disclosure of material noncompliance with the applicable servicing criteria with respect to other securitizations of mortgage loans credit card receivables involving the Servicing Entity Party as a servicer during the three-year period immediately preceding the related Securitization Transaction; (D4) whether the Servicing Entity Party has been terminated as servicer in a mortgage loan securitizationsecuritization of credit card receivables, either due to a servicing default or to application of a servicing performance test or trigger; and (E5) such other information as the Owner or any Depositor Transferor may reasonably request for the purpose of compliance with Item 1108(b)(2) of Regulation AB; (iiiC) a description of any material changes during the three-year period immediately preceding the related Securitization Transaction to the Servicing EntityParty’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreements for mortgage loans of a type similar to the Mortgage LoansSupplement; (ivD) information regarding the Servicing EntityParty’s financial condition, to the extent that there is a material risk that an adverse financial event or circumstance involving the Servicing Entity Party could have a material adverse effect on the performance by the Servicing Entity Party of its servicing obligations under this Agreement or any Reconstitution AgreementSupplement; (v) information regarding advances made by the Servicing Entity on the Mortgage Loans and the Servicing Entity’s overall servicing portfolio of mortgage loans for the three-year period immediately preceding the related Securitization Transaction, which may be limited to a statement by an authorized officer of the Servicing Entity to the effect that the Servicing Entity has made all advances required to be made on mortgage loans serviced by it during such period, or, if such statement would not be accurate, information regarding the percentage and type of advances not made as required, and the reasons for such failure to advance; (viE) a description of the Servicing EntityParty’s processes and procedures designed to address any special or unique factors involved in servicing loans of a similar type as the Mortgage Loansservicing; (viiF) a description of the Servicing EntityParty’s processes for handling delinquencies, losses, bankruptcies and recoveries, such as through liquidation of mortgaged properties, sale of defaulted mortgage loans or workoutsreceivables; and (viiiG) information as to how the Servicing Entity Party defines or determines delinquencies and charge-offs, including the effect of any grace period, re-aging, restructuring, partial payments considered current or other practices with respect to delinquency and loss experience. (b) If so requested by the Owner or any Depositor for the purpose of satisfying its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Subservicer to) (i) notify the Owner and any Depositor in writing of (A) any material litigation or governmental proceedings pending against the Servicer or any Subservicer, and (B) any affiliations or relationships that develop following the closing date of a Securitization Transaction between the Servicer or any Subservicer and any of the parties: the sponsor, the depositor, the issuing entity, any servicer, any trustee, any originator, any significant obligor, any enhancement or support provider or any other material transaction party (and any other parties identified in writing by the requesting party) with respect to such Securitization Transaction, and (ii) provide to the Owner and any Depositor a description of such proceedings, affiliations or relationships. (c) As a condition to the succession to the Servicer or any Subservicer as servicer or subservicer under this Agreement or any Reconstitution Agreement by any Person (i) into which the Servicer or such Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Subservicer, the Servicer shall provide to the Owner and any Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Owner and any Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Owner and such Depositor, all information reasonably requested by the Owner or any Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any class of asset-backed securities. (d) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this AgreementAgreement and any Supplement, if so requested by the Owner or any DepositorTransferor, the Servicer shall provide to the Transferor such information regarding the performance or servicing of the Mortgage Loans Receivables as is reasonably required to facilitate preparation of distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the monthly distribution reports otherwise required to be delivered monthly by the servicer Servicer under this AgreementAgreement and any Supplement, commencing with the first such report due not less than ten (10) Business Days following such request.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust)

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Information to be Provided by the Servicer. In connection with any Securitization Transaction, the Servicer shall (i) within five (5) Business Days following request by the Transferor, provide to the Transferor, in writing, the information specified in this Section 13.03, and (ii) as promptly as practicable following notice to or discovery by the Servicer of any changes to such information, provide to the Transferor, in writing, such updated information. (a) If so requested by the Owner or any Depositor, the The Servicer shall provide such information regarding the Servicer, as servicer of the Mortgage Loans, Servicer and each Subservicer Subservicer, if any, (each of the Servicer and each Subservicer, for purposes of this Section 9.3(a)paragraph, a “Servicing EntityParty), ) as is requested required for the purpose of compliance with Item 1108 of Regulation AB. Such information shall include, at a minimum: (iA) the Servicing EntityParty’s name and form of organization; (iiB) a description of how long the Servicing Entity Party has been servicing mortgage loanscredit card accounts; a general discussion of the Servicing EntityParty’s experience in servicing assets of any type as well as a more detailed discussion of the Servicing EntityParty’s experience in, and procedures for, the servicing function it will perform under this Agreement and any Reconstitution AgreementsAgreement; information regarding the size, composition and growth of the Servicing EntityParty’s portfolio of mortgage loans credit card accounts of a type similar to the Mortgage Loans Accounts and information on factors related to the Servicing Entity Party that may be material, in the good faith judgment of the Owner or any DepositorTransferor, to any analysis of the servicing of the Mortgage Loans Accounts or the related asset-backed securities, as applicable, including, without limitation: (A1) whether any prior securitizations of mortgage loans of a type similar to the Mortgage Loans credit card receivables involving the Servicing Entity have Party has defaulted or experienced an early amortization or other performance triggering event because of servicing during the three-year period immediately preceding the related Securitization Transaction; (B2) the extent of outsourcing the Servicing Entity Party utilizes; (C3) whether there has been previous disclosure of material noncompliance with the applicable servicing criteria with respect to other securitizations of mortgage loans credit card receivables involving the Servicing Entity Party as a servicer during the three-year period immediately preceding the related Securitization Transaction; (D4) whether the Servicing Entity Party has been terminated as servicer in a mortgage loan securitizationsecuritization of credit card receivables, either due to a servicing default or to application of a servicing performance test or trigger; and (E5) such other information as the Owner or any Depositor Transferor may reasonably request for the purpose of compliance with Item 1108(b)(2) of Regulation AB; (iiiC) a description of any material changes during the three-year period immediately preceding the related Securitization Transaction to the Servicing EntityParty’s policies or procedures with respect to the servicing function it will perform under this Agreement and or any Reconstitution Agreements for mortgage loans of a type similar to the Mortgage LoansTransaction Document; (ivD) information regarding the Servicing EntityParty’s financial condition, to the extent that there is a material risk that an adverse financial event or circumstance involving the Servicing Entity Party could have a material adverse effect on the performance by the Servicing Entity Party of its servicing obligations under this Agreement or any Reconstitution AgreementTransaction Document; (v) information regarding advances made by the Servicing Entity on the Mortgage Loans and the Servicing Entity’s overall servicing portfolio of mortgage loans for the three-year period immediately preceding the related Securitization Transaction, which may be limited to a statement by an authorized officer of the Servicing Entity to the effect that the Servicing Entity has made all advances required to be made on mortgage loans serviced by it during such period, or, if such statement would not be accurate, information regarding the percentage and type of advances not made as required, and the reasons for such failure to advance; (viE) a description of the Servicing EntityParty’s processes and procedures designed to address any special or unique factors involved in servicing loans of a similar type as the Mortgage Loansservicing; (viiF) a description of the Servicing EntityParty’s processes for handling delinquencies, losses, bankruptcies and recoveries, such as through liquidation of mortgaged properties, sale of defaulted mortgage loans or workoutsreceivables; and (viiiG) information as to how the Servicing Entity Party defines or determines delinquencies and charge-offs, including the effect of any grace period, re-aging, restructuring, partial payments considered current or other practices with respect to delinquency and loss experience. (b) If so requested by the Owner or any Depositor for the purpose of satisfying its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Subservicer to) (i) notify the Owner and any Depositor in writing of (A) any material litigation or governmental proceedings pending against the Servicer or any Subservicer, and (B) any affiliations or relationships that develop following the closing date of a Securitization Transaction between the Servicer or any Subservicer and any of the parties: the sponsor, the depositor, the issuing entity, any servicer, any trustee, any originator, any significant obligor, any enhancement or support provider or any other material transaction party (and any other parties identified in writing by the requesting party) with respect to such Securitization Transaction, and (ii) provide to the Owner and any Depositor a description of such proceedings, affiliations or relationships. (c) As a condition to the succession to the Servicer or any Subservicer as servicer or subservicer under this Agreement or any Reconstitution Agreement Transaction Document by any Person (i) into or with which the Servicer or such Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Subservicer, the Servicer shall provide to the Owner and any Depositor, Transferor at least 15 fifteen (15) calendar days prior to the effective date of such succession or appointment, (x) written notice to the Owner and any Depositor Transferor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Owner and such DepositorTransferor, all information reasonably requested required by the Owner or any Depositor Transferor in order to comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any series or class of asset-backed securitiesNotes issued by the Issuing Entity. (dc) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this AgreementAgreement or any Transaction Document, if so requested by the Owner or any DepositorTransferor, the Servicer shall provide such information regarding the performance of the Receivables or the servicing of the Mortgage Loans Accounts as is reasonably required to facilitate preparation of distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the monthly distribution reports otherwise required to be delivered monthly by the servicer Servicer under this AgreementAgreement or any Transaction Document, commencing with the first such report due not less than ten (10) Business Days following such request.

Appears in 3 contracts

Samples: Transfer and Servicing Agreement (Chase Card Funding LLC), Transfer and Servicing Agreement (Chase Issuance Trust), Transfer and Servicing Agreement (Chase Issuance Trust)

Information to be Provided by the Servicer. In connection with any Securitization Transaction, the Servicer shall (i) within five (5) Business Days following a request by the Transferor, provide to the Transferor, in writing, the information specified in this Section 9.3, and (ii) as promptly as practicable following notice to or discovery by the Servicer of any changes to such information, provide to the Transferor, in writing, such updated information. (a) If so requested by the Owner or any DepositorTransferor, the Servicer shall provide to the Transferor such information regarding the Servicer, as servicer of the Mortgage Loans, Servicer and each Subservicer (each of the Servicer and each Subservicer, for purposes of this Section 9.3(a)paragraph, a “Servicing EntityParty”), as is requested for the purpose of compliance with Item 1108 of Regulation AB. Such information shall include, at a minimum: (iA) the Servicing EntityParty’s name and form of organization; (iiB) a description of how long the Servicing Entity Party has been servicing mortgage loanscredit card receivables; a general discussion of the Servicing EntityParty’s experience in servicing assets of any type as well as a more detailed discussion of the Servicing EntityParty’s experience in, and procedures for, the servicing function it will perform under this Agreement and any Reconstitution AgreementsAgreement; information regarding the size, composition and growth of the Servicing EntityParty’s portfolio of mortgage loans credit card accounts of a type similar to the Mortgage Loans Accounts and information on factors related to the Servicing Entity Party that may be material, in the good faith judgment of the Owner or any DepositorTransferor, to any analysis of the servicing of the Mortgage Loans Receivables or the related asset-backed securities, as applicable, including, without limitation: (A1) whether any prior securitizations of mortgage loans of a type similar to the Mortgage Loans credit card receivables involving the Servicing Entity have Party defaulted or experienced an early amortization or other performance triggering event because of servicing during the three-year period immediately preceding the related Securitization Transaction; (B2) the extent of outsourcing the Servicing Entity Party utilizes; (C3) whether there has been previous disclosure of material noncompliance with the applicable servicing criteria with respect to other securitizations of mortgage loans credit card receivables involving the Servicing Entity Party as a servicer during the three-year period immediately preceding the related Securitization Transaction; (D4) whether the Servicing Entity Party has been terminated as servicer in a mortgage loan securitizationsecuritization of credit card receivables, either due to a servicing default or to application of a servicing performance test or trigger; and (E5) such other information as the Owner or any Depositor Transferor may reasonably request for the purpose of compliance with Item 1108(b)(2) of Regulation AB; (iiiC) a description of any material changes during the three-year period immediately preceding the related Securitization Transaction to the Servicing EntityParty’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreements for mortgage loans of a type similar to the Mortgage LoansAgreement; (ivD) information regarding the Servicing EntityParty’s financial condition, to the extent that there is a material risk that an adverse financial event or circumstance involving the Servicing Entity Party could have a material adverse effect on the performance by the Servicing Entity Party of its servicing obligations under this Agreement or any Reconstitution Agreement; (v) information regarding advances made by the Servicing Entity on the Mortgage Loans and the Servicing Entity’s overall servicing portfolio of mortgage loans for the three-year period immediately preceding the related Securitization Transaction, which may be limited to a statement by an authorized officer of the Servicing Entity to the effect that the Servicing Entity has made all advances required to be made on mortgage loans serviced by it during such period, or, if such statement would not be accurate, information regarding the percentage and type of advances not made as required, and the reasons for such failure to advance; (viE) a description of the Servicing EntityParty’s processes and procedures designed to address any special or unique factors involved in servicing loans of a similar type as the Mortgage Loansservicing; (viiF) a description of the Servicing EntityParty’s processes for handling delinquencies, losses, bankruptcies and recoveries, such as through liquidation of mortgaged properties, sale of defaulted mortgage loans or workoutsreceivables; and (viiiG) information as to how the Servicing Entity Party defines or determines delinquencies and charge-offs, including the effect of any grace period, re-aging, restructuring, partial payments considered current or other practices with respect to delinquency and loss experience. (b) If so requested by the Owner or any Depositor for the purpose of satisfying its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Subservicer to) (i) notify the Owner and any Depositor in writing of (A) any material litigation or governmental proceedings pending against the Servicer or any Subservicer, and (B) any affiliations or relationships that develop following the closing date of a Securitization Transaction between the Servicer or any Subservicer and any of the parties: the sponsor, the depositor, the issuing entity, any servicer, any trustee, any originator, any significant obligor, any enhancement or support provider or any other material transaction party (and any other parties identified in writing by the requesting party) with respect to such Securitization Transaction, and (ii) provide to the Owner and any Depositor a description of such proceedings, affiliations or relationships. (c) As a condition to the succession to the Servicer or any Subservicer as servicer or subservicer under this Agreement or any Reconstitution Agreement by any Person (i) into which the Servicer or such Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any such Subservicer, the Servicer shall provide to the Owner and any Depositor, Transferor at least 15 fifteen (15) calendar days prior to the effective date of such succession or appointment, (x) written notice to the Owner and any Depositor Transferor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Owner and such DepositorTransferor, all information reasonably requested by the Owner or any Depositor Transferor in order to comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any class of asset-backed securitiesSeries or Class. (dc) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this Agreement, if so requested by the Owner or any DepositorTransferor, the Servicer shall provide to the Transferor such information regarding the performance or servicing of the Mortgage Loans Receivables as is reasonably required to facilitate preparation of distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the monthly distribution reports otherwise required to be delivered monthly by the servicer Servicer under this Agreement, commencing with the first such report due not less than ten (10) Business Days following such request.

Appears in 2 contracts

Samples: Servicing Agreement (Dryrock Issuance Trust), Servicing Agreement (Dryrock Issuance Trust)

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