We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

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

Information to be Provided by the Servicer. The Servicer shall, as promptly as practicable following notice to or discovery by the Servicer, provide to the Master Servicer and the Depositor (in writing and in form and substance reasonably satisfactory to the Master Servicer and the Depositor) the information specified in paragraph (a) of this Section. (a) For the purpose of satisfying the reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Sub-Servicer to) (i) provide prompt notice to the Master Servicer and the Depositor in writing of (A) any material litigation or governmental proceedings involving the Servicer or any Sub-Servicer, (B) any affiliations or relationships as set forth in Items 1119(b) and (c) of Regulation AB that develop following the Closing Date between the Servicer, any Sub-Servicer or and any of the parties specified in Item 1119 of Regulation AB, (C) any Event of Default under the terms of this Agreement, (D) any merger, consolidation or sale of substantially all of the assets of the Servicer, and (E) the Servicer's entry into an agreement with a Sub-Servicer to perform or assist in the performance of any of the Servicer's obligations under this Agreement and (ii) provide to the Master Servicer and the Depositor a description of such proceedings, affiliations or relationships, as set forth in Sections 1119(b) and (c) of Regulation AB. (b) As a condition to the succession to the Servicer or any Sub-Servicer as servicer or subservicer under this Agreement by any Person (i) into which the Servicer or such Sub-Servicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Sub-Servicer, the Servicer shall provide to the Master Servicer and the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Master Servicer and the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Master Servicer and the Depositor, all information reasonably requested by the Master Servicer or the 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. (c) In addition to such information as the Servicer, as servicer, is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to the deadline for the filing of any distribution report on Form 10-D in respect of the securitization transaction, the Servicer or such Sub-Servicer, as applicable, shall, to the extent the Servicer or such Sub-Servicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice of the occurrence of any of the following events that have not already been disclosed to such party through the Servicer's prior notice or regular servicing data along with all information, data, and materials related thereto as may be required to be included in the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); and (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB). (d) The Servicer shall provide to the Master Servicer and the Depositor, evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports as required pursuant to this Agreement, and, upon reasonable request, such other information related to the Servicer or any Sub-Servicer or the Servicer or such Sub-Servicer's performance hereunder.

Appears in 4 contracts

Samples: Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Af1), Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar2), Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A2)

Information to be Provided by the Servicer. The Servicer shallshall (i) within five Business Days following request by the Seller or the Depositor, provide to the Seller and the Depositor (or, as applicable, cause each Third-Party Originator and each Sub-Servicer to provide), in writing and in form and substance reasonably satisfactory to the Seller and the Depositor, the information and materials specified in paragraph (c) of this Section, and (ii) as promptly as practicable following notice to or discovery by the Servicer, provide to the Master Servicer Seller and the Depositor (in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor) the information specified in paragraph (a) of this Section. (a) For If so requested by the Seller or the Depositor for the purpose of satisfying the its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Sub-Servicer and Third-Party Originator to) ) (i) provide prompt notice to notify the Master Servicer Seller and the Depositor in writing of (A) any material litigation or governmental proceedings involving pending against the Servicer, any Sub-Servicer or any SubThird-Servicer, Party Originator and (B) any affiliations or relationships as set forth in Items 1119(b) and (c) of Regulation AB that develop following the Closing Date between the Servicer, any Sub-Servicer or any Third-Party Originator (and any other parties identified in writing by the requesting party) with respect to the issuing of the parties specified in Item 1119 of Regulation ABCertificates, (C) any Event of Default under the terms of this Agreement, (D) any merger, consolidation or sale of substantially all of the assets of the Servicer, and (E) the Servicer's entry into an agreement with a Sub-Servicer to perform or assist in the performance of any of the Servicer's obligations under this Agreement and (ii) provide to the Master Servicer Seller and the Depositor a description of such proceedings, affiliations or relationships, as set forth in Sections 1119(b) and (c) of Regulation AB. (b) As a condition to the succession to the Servicer or any Sub-Servicer as servicer or subservicer under this Agreement by any Person (i) into which the Servicer or such Sub-Servicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Sub-Servicer, the Servicer shall provide to the Master Servicer Seller and the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Master Servicer Seller and the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor, all information reasonably requested by the Master Servicer Seller or the 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. (c) In addition to such information as the Servicer, as servicer, is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to if so requested by the deadline for Seller or the filing of any distribution report on Form 10-D in respect of the securitization transactionDepositor, the Servicer shall provide such information regarding the performance or such Sub-Servicer, as applicable, shall, to the extent the Servicer or such Sub-Servicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice servicing of the occurrence Mortgage Loans as is reasonably required to facilitate preparation of any distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the following events that have not already been disclosed to such party through the Servicer's prior notice or regular servicing data along with all information, data, and materials related thereto as may be monthly reports otherwise required to be included in delivered by the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); and (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB). (d) The Servicer shall provide to the Master Servicer and the Depositor, evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports as required Trustee pursuant to Section 4.02 of this Agreement, and, upon reasonable commencing with the first such report due not less than ten Business Days following such request, such other information related to the Servicer or any Sub-Servicer or the Servicer or such Sub-Servicer's performance hereunder.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Fre1), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc3), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Opt1)

Information to be Provided by the Servicer. The Servicer shall, as promptly as practicable following notice to or discovery by the Servicer, provide to the Master Servicer and the Depositor (in writing and in form and substance reasonably satisfactory to the Master Servicer and the Depositor) the information specified in paragraph (a) At the request of this Section. (a) For the Administrator, acting on behalf of the 20[__]-[__] Securitization Trust, for the purpose of satisfying the its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Sub-Servicer Subservicer to) (i) provide prompt notice to notify the Master Servicer 20[__]-[__] Securitization Trust and the Depositor Administrator in writing of (A) any material litigation or governmental proceedings involving pending against the Servicer or any Sub-Servicer, (B) any affiliations or relationships as set forth in Items 1119(b) and (c) of Regulation AB that develop following the Closing Date between the Servicer, any Sub-Servicer or and any of the parties specified in Item 1119 of Regulation AB, (C) any Event of Default under the terms of this Agreement, (D) any merger, consolidation or sale of substantially all of the assets of the Servicer, and (E) the Servicer's entry into an agreement with a Sub-Servicer to perform or assist in the performance of any of the Servicer's obligations under this Agreement Subservicer and (ii) provide to the Master Servicer 20[__]-[__] Securitization Trust and the Depositor Administrator a description of such proceedings, affiliations or relationships, as set forth in Sections 1119(b) and (c) of Regulation AB. (b) As a condition to the succession to the Servicer or any Sub-Servicer Subservicer as servicer or subservicer Subservicer under this Agreement 20[__]-[__] SUBI Servicing Supplement by any Person (i) into which the Servicer or such Sub-Servicer Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Sub-ServicerSubservicer, the Servicer shall provide to the Master Servicer 20[__]-[__] Securitization Trust, the Administrator and the Depositor, at least 15 calendar days 10 Business Days prior to the effective date of such succession or appointment, (x) written notice to the Master Servicer 20[__]-[__] Securitization Trust and the Depositor Administrator of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Master Servicer 20[__]-[__] Securitization Trust and the DepositorAdministrator, all information reasonably requested by the Master Servicer 20[__]-[__] Securitization Trust or the Depositor Administrator, acting on behalf of the 20[__]-[__] Securitization Trust, 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. (c) In addition to such information as the Servicer, as servicer, is obligated to provide pursuant to other provisions of this Agreement20[__]-[__] SUBI Servicing Supplement, not later than ten days prior to if so requested by the deadline for 20[__]-[__] Securitization Trust or the filing of any distribution report Administrator, acting on Form 10-D in respect behalf of the securitization transaction20[__]-[__] Securitization Trust, the Servicer shall provide such information regarding the performance or such Sub-Servicer, as applicable, shall, to the extent the Servicer or such Sub-Servicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice servicing of the occurrence 20[__]-[__] Contracts and the 20[__]-[__] Leased Vehicles as is reasonably required to facilitate preparation of any distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the following events that have not already been disclosed to such party through the Servicer's prior notice or regular servicing data along with all information, data, and materials related thereto as may be monthly reports otherwise required to be included in the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); and (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB). (d) The Servicer shall provide to the Master Servicer and the Depositor, evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports as required pursuant to this Agreement, and, upon reasonable request, such other information related to delivered by the Servicer or any Sub-Servicer or under this 20[__]-[__] SUBI Servicing Supplement, commencing with the Servicer or first such Sub-Servicer's performance hereunderreport due not less than ten Business Days following such request.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Toyota Lease Trust), Servicing Supplement (Toyota Lease Trust)

Information to be Provided by the Servicer. The Servicer shallshall (i) within five Business Days following request by the Seller or the Depositor, provide to the Seller and the Depositor (or, as applicable, cause each Sub-Servicer to provide), in writing and in form and substance reasonably satisfactory to the Seller and the Depositor, the information and materials specified in paragraph (c) of this Section, and (ii) as promptly as practicable following notice to or discovery by the Servicer, provide to the Master Servicer Seller and the Depositor (in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor) the information specified in paragraph (a) of this Section. (a) For If so requested by the Seller or the Depositor for the purpose of satisfying the its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Sub-Servicer (other than Fremont Sub-Servicer) to) (i) provide prompt notice to notify the Master Servicer Seller and the Depositor in writing of (A) any material litigation or governmental proceedings involving pending against the Servicer or Servicer, any Sub-Servicer (other than Fremont Sub-Servicer, ) and (B) any affiliations or relationships as set forth in Items 1119(b) and (c) of Regulation AB that develop following the Closing Date between the Servicer, any Sub-Servicer or (other than Fremont Sub-Servicer) (and any other parties identified in writing by the requesting party) with respect to the issuing of the parties specified in Item 1119 of Regulation ABCertificates, (C) any Event of Default under the terms of this Agreement, (D) any merger, consolidation or sale of substantially all of the assets of the Servicer, and (E) the Servicer's entry into an agreement with a Sub-Servicer to perform or assist in the performance of any of the Servicer's obligations under this Agreement and (ii) provide to the Master Servicer Seller and the Depositor a description of such proceedings, affiliations or relationships, as set forth in Sections 1119(b) and (c) of Regulation AB. (b) As a condition to the succession to the Servicer or any Sub-Servicer (other than Fremont Sub-Servicer) as servicer or subservicer under this Agreement by any Person (i) into which the Servicer or such Sub-Servicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Sub-Servicer (other than Fremont Sub-Servicer), the Servicer shall provide to the Master Servicer Seller and the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Master Servicer Seller and the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor, all information reasonably requested by the Master Servicer Seller or the 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. (c) In addition to such information as the Servicer, as servicer, is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to if so requested by the deadline for Seller or the filing of any distribution report on Form 10-D in respect of the securitization transactionDepositor, the Servicer shall provide such information regarding the performance or such Sub-Servicer, as applicable, shall, to the extent the Servicer or such Sub-Servicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice servicing of the occurrence Mortgage Loans as is reasonably required to facilitate preparation of any distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the following events that have not already been disclosed to such party through the Servicer's prior notice or regular servicing data along with all information, data, and materials related thereto as may be monthly reports otherwise required to be included in delivered by the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); and (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB). (d) The Servicer shall provide to the Master Servicer and the Depositor, evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports as required Trustee pursuant to Section 4.02 of this Agreement, and, upon reasonable commencing with the first such report due not less than ten Business Days following such request, such other information related to the Servicer or any Sub-Servicer or the Servicer or such Sub-Servicer's performance hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2007-Fre1)

Information to be Provided by the Servicer. The Servicer shallshall (i) within five Business Days following request by the Seller or the Depositor, provide to the Seller and the Depositor (or, as applicable, cause each Third-Party Originator and each Sub-Servicer to provide), in writing and in form and substance reasonably satisfactory to the Seller and the Depositor, the information and materials specified in paragraph (c) of this Section, and (ii) as promptly as practicable following notice to or discovery by the Servicer, provide to the Master Servicer Seller and the Depositor (in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor) the information specified in paragraph (a) of this Section. (a) For If so requested by the Seller or the Depositor for the purpose of satisfying the its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Sub-Servicer and Third-Party Originator to) ) (i) provide prompt notice to notify the Master Servicer Seller and the Depositor in writing of (A) any material litigation or governmental proceedings involving pending against the Servicer, any Sub-Servicer or any SubThird-Servicer, Party Originator and (B) any affiliations or relationships as set forth in Items 1119(b) and (c) of Regulation AB that develop following the Closing Date between the Servicer, any Sub-Servicer or any Third-Party Originator (and any other parties identified in writing by the requesting party) with respect to the issuing of the parties specified in Item 1119 of Regulation ABCertificates, (C) any Event of Default under the terms of this Agreement, (D) any merger, consolidation or sale of substantially all of the assets of the Servicer, and (E) the Servicer's entry into an agreement with a Sub-Servicer to perform or assist in the performance of any of the Servicer's obligations under this Agreement and (ii) provide to the Master Servicer Seller and the Depositor a description of such proceedings, affiliations or relationships, as set forth in Sections 1119(b) and (c) of Regulation AB. (b) As a condition to the succession to the Servicer or any Sub-Servicer as servicer or subservicer under this Agreement by any Person (i) into which the Servicer or such Sub-Servicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Sub-Servicer, the Servicer shall provide to the Master Servicer Seller and the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Master Servicer Seller and the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor, all information reasonably requested by the Master Servicer Seller or the 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. (c) In addition to such information as the Servicer, as servicer, is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to if so requested by the deadline for Seller or the filing of any distribution report on Form 10-D in respect of the securitization transactionDepositor, the Servicer shall provide such information regarding the performance or such Sub-Servicer, as applicable, shall, to the extent the Servicer or such Sub-Servicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice servicing of the occurrence Mortgage 139 Loans as is reasonably required to facilitate preparation of any distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the following events that have not already been disclosed to such party through the Servicer's prior notice or regular servicing data along with all information, data, and materials related thereto as may be monthly reports otherwise required to be included in delivered by the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); and (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB). (d) The Servicer shall provide to the Master Servicer and the Depositor, evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports as required Trustee pursuant to Section 4.02 of this Agreement, and, upon reasonable commencing with the first such report due not less than ten Business Days following such request, such other information related to the Servicer or any Sub-Servicer or the Servicer or such Sub-Servicer's performance hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Fre2)

Information to be Provided by the Servicer. The Servicer shallshall (i) within five Business Days following request by the Seller or the Depositor, provide to the Seller and the Depositor (or, as applicable, cause each Third-Party Originator and each Sub-Servicer to provide), in writing and in form and substance reasonably satisfactory to the Seller and the Depositor, the information and materials specified in paragraph (c) of this Section, and (ii) as promptly as practicable following notice to or discovery by the Servicer, provide to the Master Servicer Seller and the Depositor (in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor) the information specified in paragraph (a) of this Section. (a) For If so requested by the Seller or the Depositor for the purpose of satisfying the its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Sub-Servicer and Third-Party Originator to) (i) provide prompt notice to notify the Master Servicer Seller and the Depositor in writing of (A) any material litigation or governmental proceedings involving pending against the Servicer, any Sub-Servicer or any SubThird-Servicer, Party Originator and (B) any affiliations or relationships as set forth in Items 1119(b) and (c) of Regulation AB that develop following the Closing Date between the Servicer, any Sub-Servicer or any Third-Party Originator (and any other parties identified in writing by the requesting party) with respect to the issuing of the parties specified in Item 1119 of Regulation ABCertificates, (C) any Event of Default under the terms of this Agreement, (D) any merger, consolidation or sale of substantially all of the assets of the Servicer, and (E) the Servicer's entry into an agreement with a Sub-Servicer to perform or assist in the performance of any of the Servicer's obligations under this Agreement and (ii) provide to the Master Servicer Seller and the Depositor a description of such proceedings, affiliations or relationships, as set forth in Sections 1119(b) and (c) of Regulation AB. (b) As a condition to the succession to the Servicer or any Sub-Servicer as servicer or subservicer under this Agreement by any Person (i) into which the Servicer or such Sub-Servicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Sub-Servicer, the Servicer shall provide to the Master Servicer Seller and the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Master Servicer Seller and the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor, all information reasonably requested by the Master Servicer Seller or the 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. (c) In addition to such information as the Servicer, as servicer, is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to if so requested by the deadline for Seller or the filing of any distribution report on Form 10-D in respect of the securitization transactionDepositor, the Servicer shall provide such information regarding the performance or such Sub-Servicer, as applicable, shall, to the extent the Servicer or such Sub-Servicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice servicing of the occurrence Mortgage Loans as is reasonably required to facilitate preparation of any distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the following events that have not already been disclosed to such party through the Servicer's prior notice or regular servicing data along with all information, data, and materials related thereto as may be monthly reports otherwise required to be included in delivered by the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); and (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB). (d) The Servicer shall provide to the Master Servicer and the Depositor, evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports as required Trustee pursuant to Section 4.02 of this Agreement, and, upon reasonable commencing with the first such report due not less than ten Business Days following such request, such other information related to the Servicer or any Sub-Servicer or the Servicer or such Sub-Servicer's performance hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc5)

Information to be Provided by the Servicer. The Servicer shallshall (i) within five Business Days following request by the Seller or the Depositor, provide to the Seller and the Depositor (or, as applicable, cause each Third-Party Originator and each Sub-Servicer to provide), in writing and in form and substance reasonably satisfactory to the Seller and the Depositor, the information and materials specified in paragraph (c) of this Section, and (ii) as promptly as practicable following notice to or discovery by the Servicer, provide to the Master Servicer Seller and the Depositor (in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor) the information specified in paragraph (a) of this Section. (a) For If so requested by the Seller or the Depositor for the purpose of satisfying the its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Servicer shall (or shall cause each Sub-Servicer and Third-Party Originator to) ) (i) provide prompt notice to notify the Master Servicer Seller and the Depositor in writing of (A) any material litigation or governmental proceedings involving pending against the Servicer, any Sub-Servicer or any SubThird-Servicer, Party Originator and (B) any affiliations or relationships as set forth in Items 1119(b) and (c) of Regulation AB that develop following the Closing Date between the Servicer, any Sub-Servicer or any Third-Party Originator (and any other parties identified in writing by the requesting party) with respect to the issuing of the parties specified in Item 1119 of Regulation ABCertificates, (C) any Event of Default under the terms of this Agreement, (D) any merger, consolidation or sale of substantially all of the assets of the Servicer, and (E) the Servicer's entry into an agreement with a Sub-Servicer to perform or assist in the performance of any of the Servicer's obligations under this Agreement and (ii) provide to the Master Servicer Seller and the Depositor a description of such proceedings, affiliations or relationships, as set forth in Sections 1119(b) and (c) of Regulation AB. (b) As a condition to the succession to the Servicer or any Sub-Servicer as servicer or subservicer under this Agreement by any Person (i) into which the Servicer or such Sub-Servicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Servicer or any Sub-Servicer, the Servicer shall provide to the Master Servicer Seller and the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Master Servicer Seller and the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Master Servicer Seller and the Depositor, all information reasonably requested by the Master Servicer Seller or the 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. (c) In addition to such information as the Servicer, as servicer, is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to if so requested by the deadline for Seller or the filing of any distribution report on Form 10-D in respect of the securitization transactionDepositor, the Servicer shall provide such information regarding the performance or such Sub-Servicer, as applicable, shall, to the extent the Servicer or such Sub-Servicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice servicing of the occurrence Mortgage Loans as is reasonably required to facilitate preparation of any distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the following events that have not already been disclosed to such party through the Servicer's prior notice or regular servicing data along with all information, data, and materials related thereto as may be monthly reports otherwise required to be included in delivered by the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); and (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB). (d) The Servicer shall provide to the Master Servicer and the Depositor, evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports as required Trustee pursuant to Section 4.02 of this Agreement, and, upon reasonable commencing with the first such report due not less than ten Business Days following such request, such other information related to the Servicer or any Sub-Servicer or the Servicer or such Sub-Servicer's performance hereunder.. 133

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc2)