Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement). (b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement. (c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust. (d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer. (e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information. (f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Mastr Seasoned Securitization Trust 2005-2), Pooling and Servicing Agreement (Mastr Alternative Loan Trust 2005-4), Pooling and Servicing Agreement (Mastr Alternative Loan Trust 2005-5)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 March 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and 's reports, any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by the tenth calendar days day after March 30th of such yeardue date, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-15), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-9), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-12)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and 's reports, any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-8), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-7), Pooling and Servicing Agreement (Mastr Alternative Loan Trust 2004-11)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Ps THR Certs 2004-1), Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2004-3), Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2004-1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 March 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and 's reports, any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by such fifteenth calendar days after March 30th of such yearday, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgage Trust 2004-8), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-10), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-10)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or and servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgage Trust 2003-2), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Certs Ser 2003-4), Pooling and Servicing Agreement (Mort Asset Sec Trans Mort Ps THR Certs Ser 2003-3)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form From 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Purchase and Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Purchase and Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc MRT Ps THR Certs Ser 2003-3), Pooling and Servicing Agreement (Mortgage Pass-Through Certificates Series 2003-4), Pooling and Servicing Agreement (Mastr Seasoned Securitization Trust 2003-1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in March 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and 's reports, any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by the tenth calendar days day after March 30th of such yeardue date, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages 2005-1), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2005-6), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2005-3)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.223.18, the Master Servicer shall review such officer’s certificate and reportsreport. As part of the Form 10-K required to be filed pursuant to paragraph (c) the terms of this Section 9.12Agreement, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, accountants report as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under this Agreement and any significant deficiencies relating to the applicable Servicing AgreementServicer's compliance set forth in the report of the Servicer's certified independent accountants described above.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare for filing, and execute, on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunderFund, and the Master Servicer shall sign and file (via with the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System, (i) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of in each month, each Monthly Statement on Form 8-K under the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to Exchange Act, (ii) on or before March 30th 31 of each year beginning in 2006 (2004 or such earlier other date as may be required by in order to remain in compliance with the Exchange Act and the rules and regulations promulgated thereunder)Section 302 Requirements, the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluding any certification (the "Certification") required by the Section 302 Requirements, and (iii) any directives or interpretations thereof and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. The Certification shall be executed by the Securities and Exchange Commission (senior officer in charge of servicing of the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Servicer. Upon any such filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor Trustee a copy of any such executed report, statement or information.
(f) . Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable lawmaking any such filings and certifications, the Master Servicer shall comply with the provisions set forth in this Section. If permitted by applicable law and unless the Depositor otherwise directs, the Servicer shall file a Form 15 Suspension Notification under the Exchange Act as soon as it is able to do so.
(c) It is the parties intent that compliance by the Servicer with provisions of this Section will constitute compliance with the review required by the Section 302 Requirements. In no event shall the provisions set forth in this Section limit the ability of the Servicer (or the Trustee) to conduct additional procedures or investigations determined by it to be necessary or appropriate to comply with the Section 302 Requirements.
(d) The obligations set forth in paragraphs (a) through (c) of this Section shall only apply with respect to periods for which the TrustServicer is obligated to file Form 8-Ks and 10-Ks pursuant to paragraph (b) of this Section. In the event a Form 15 is properly filed pursuant to paragraph (b) of this Section, unless specifically directed there shall be no further obligations under paragraphs (a) through (c) of this Section commencing with the fiscal year in writing not which the Form 15 is filed (other than the obligations in paragraphs (a) and (b) of this Section to do be performed in such fiscal year that relate back to the prior fiscal year).
(e) The Servicer shall prepare, file and deliver Form 8-Ks required to be filed under the Exchange Act and the Paying Agent shall execute on behalf of the Depositor so long as no certification in respect of such Form 8-K is required by the DepositorSEC. In no event shall the Trustee or any of its agents be obligated or responsible for preparing, executing, filing or delivering in respect of the Trust Fund or another party, either (A) any report or filing required by the SEC to be prepared, executed, filed or delivered in respect of the Trust Fund or another party (other than in the circumstances described in the previous sentence) or (B) any certification in respect of a report or filing required by the SEC.
(f) Not later than 15 calendar days before the date on which the Trust Fund's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission (or, if such day is not a Business Day, the immediately preceding Business Day), the Paying Agent will deliver to the Depositor an officer's certificate for the prior calendar year substantially in the form of Exhibit G hereto.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2004-10), Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2004-8), Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2004-11)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Mort Pass THR Certs Ser 2003-12), Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2003-10), Pooling and Servicing Agreement (Mort Asset Sec Trans Mort Pass Through Certs Ser 2003-9)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.223.18, the Master Servicer shall review such officer’s certificate and reportsreport. As part of the Form 10-K required to be filed pursuant to paragraph (c) the terms of this Section 9.12Agreement, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, accountants report as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under this Agreement and any significant deficiencies relating to the applicable Servicing AgreementServicer's compliance set forth in the report of the Servicer's certified independent accountants described above.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare for filing, and execute, on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunderFund, and the Master Servicer shall sign and file (via with the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System, (i) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of in each month, each Monthly Statement on Form 8-K under the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to Exchange Act, (ii) on or before March 30th 31 of each year beginning in 2006 (2004 or such earlier other date as may be required by in order to remain in compliance with the Exchange Act and the rules and regulations promulgated thereunder)Section 302 Requirements, the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluding any certification (the "Certification") required by the Section 302 Requirements, and (iii) any directives or interpretations thereof and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. The Certification shall be executed by the Securities and Exchange Commission (senior officer in charge of servicing of the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Servicer. Upon any such filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor Trustee a copy of any such executed report, statement or information.
(f) . Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable lawmaking any such filings and certifications, the Master Servicer shall comply with the provisions set forth in this Section. If permitted by applicable law and unless the Depositor otherwise directs, the Servicer shall file a Form 15 Suspension Notification under the Exchange Act as soon as it is able to do so.
(c) It is the parties intent that compliance by the Servicer with provisions of this Section will constitute compliance with the review required by the Section 302 Requirements. In no event shall the provisions set forth in this Section limit the ability of the Servicer (or the Trustee) to conduct additional procedures or investigations determined by it to be necessary or appropriate to comply with the Section 302 Requirements.
(d) The obligations set forth in paragraphs (a) through (c) of this Section shall only apply with respect to periods for which the TrustServicer is obligated to file Form 8-Ks and 10-Ks pursuant to paragraph (b) of this Section. In the event a Form 15 is properly filed pursuant to paragraph (b) of this Section, unless specifically directed there shall be no further obligations under paragraphs (a) through (c) of this Section commencing with the fiscal year in writing not which the Form 15 is filed (other than the obligations in paragraphs (a) and (b) of this Section to do be performed in such fiscal year that relate back to the prior fiscal year).
(e) The Servicer shall prepare, file and deliver Form 8-Ks required to be filed under the Exchange Act and the Paying Agent shall execute on behalf of the Depositor so long as no certification in respect of such Form 8-K is required by the DepositorSEC. In no event shall the Trustee or any of its agents be obligated or responsible for preparing, executing, filing or delivering in respect of the Trust Fund or another party, either (A) any report or filing required by the SEC to be prepared, executed, filed or delivered in respect of the Trust Fund or another party (other than in the circumstances described in the previous sentence) or (B) any certification in respect of a report or filing required by the SEC.
(f) Not later than 15 calendar days before the date on which the Trust Fund's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Comission (or, if such day is not a Business Day, the immediately preceding Business Day), the Paying Agent will deliver to the Depositor an officer's certificate for the prior calendar year substantially in the form of Exhibit G hereto.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.223.18, the Master Servicer shall review such officer’s certificate and reportsreport. As part of the Form 10-K required to be filed pursuant to paragraph (c) the terms of this Section 9.12Agreement, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, accountants report as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under this Agreement and any significant deficiencies relating to the applicable Servicing AgreementServicer's compliance set forth in the report of the Servicer's certified independent accountants described above.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare for filing, and execute, on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunderFund, and the Master Servicer shall sign and file (via with the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System, (i) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of in each month, each Monthly Statement on Form 8-K under the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to Exchange Act, (ii) on or before March 30th 31 of each year beginning in 2006 (2005 or such earlier other date as may be required by in order to remain in compliance with the Exchange Act and the rules and regulations promulgated thereunder)Section 302 Requirements, the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluding any certification (the "Certification") required by the Section 302 Requirements, and (iii) any directives or interpretations thereof and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. The Certification shall be executed by the Securities and Exchange Commission (senior officer in charge of servicing of the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Servicer. Upon any such filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor Trustee a copy of any such executed report, statement or information.
(f) . Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable lawmaking any such filings and certifications, the Master Servicer shall comply with the provisions set forth in this Section. If permitted by applicable law and unless the Depositor otherwise directs, the Servicer shall file a Form 15 Suspension Notification under the Exchange Act as soon as it is able to do so.
(c) It is the parties intent that compliance by the Servicer with provisions of this Section will constitute compliance with the review required by the Section 302 Requirements. In no event shall the provisions set forth in this Section limit the ability of the Servicer (or the Trustee) to conduct additional procedures or investigations determined by it to be necessary or appropriate to comply with the Section 302 Requirements.
(d) The obligations set forth in paragraphs (a) through (c) of this Section shall only apply with respect to periods for which the TrustServicer is obligated to file Form 8-Ks and 10-Ks pursuant to paragraph (b) of this Section. In the event a Form 15 is properly filed pursuant to paragraph (b) of this Section, unless specifically directed there shall be no further obligations under paragraphs (a) through (c) of this Section commencing with the fiscal year in writing not which the Form 15 is filed (other than the obligations in paragraphs (a) and (b) of this Section to do be performed in such fiscal year that relate back to the prior fiscal year).
(e) The Servicer shall prepare, file and deliver Form 8-Ks required to be filed under the Exchange Act and the Paying Agent shall execute on behalf of the Depositor so long as no certification in respect of such Form 8-K is required by the DepositorSEC. In no event shall the Trustee or any of its agents be obligated or responsible for preparing, executing, filing or delivering in respect of the Trust Fund or another party, either (A) any report or filing required by the SEC to be prepared, executed, filed or delivered in respect of the Trust Fund or another party (other than in the circumstances described in the previous sentence) or (B) any certification in respect of a report or filing required by the SEC.
(f) Not later than 15 calendar days before the date on which the Trust Fund's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission (or, if such day is not a Business Day, the immediately preceding Business Day), the Paying Agent will deliver to the Depositor an officer's certificate for the prior calendar year substantially in the form of Exhibit G hereto.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Chase Funding Loan Acquisition Trust, Series 2004-Aq1), Pooling and Servicing Agreement (Chase Funding Loan Acquisition Trust, Series 2004-Opt1), Pooling and Servicing Agreement (Chase Funding Trust, Series 2004-2)
Periodic Filings. (a) With respect The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Distribution Payment Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (eachIndenture Trustee shall, a “Distribution Date Statement”)in accordance with applicable law and regulation and industry standards, the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance file with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (Commission via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval SystemSystem (XXXXX) such forms on behalf of the Trust.
(d) Each a Form 810-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include D together with a copy of the statement to the Certificateholders for such Distribution Payment Date as an exhibit theretothereto and any other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, so long as such information is made available to the Indenture Trustee in a format compatible with XXXXX filing requirements. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder)[ ], 20[ ], the Master Servicer shall file a Form 10-KIndenture Trustee shall, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of complianceaccordance with industry standards, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed if applicable. Prior to [ ], 20[ ], the Indenture Trustee shall file [(but will not be required to execute)] a Form 10-K, in writing not substance conforming to do so industry standards, with respect to the Trust. The Form 10-K shall include (w) the certification required pursuant to Rules 13a-14 and 15d-14 under the Exchange Act (the “Form 10-K Certification”) signed by an appropriate party or parties designated by the DepositorDepositor [(which Form 10-K Certification the Indenture Trustee shall not be required to sign)], (x) the annual certifications delivered by the Indenture Trustee, the Administrator, the Master Servicer, the Owner Trustee, each Servicer (or any Subservicer on behalf of such Servicer) and the Custodian pursuant to any basic document, (y) the related public accounting firm attestation reports and (z) such other information as is required by the SEC Rules and Regulation AB. If any party’s report on assessment of compliance with servicing criteria required by clause (x) in the immediately preceding sentence, or the related public accounting firm attestation report required by clause (y) in the immediately preceding sentence, identifies any material instance of noncompliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§ 229.1122(d)), the Indenture Trustee shall identify the material instance of noncompliance in such report in the Form 10-K; and in the event that the Indenture Trustee is unable to include any report required by either clause (x) or (y) in the immediately preceding sentence in the Form 10-K, the Indenture Trustee shall disclose such fact in the Form 10-K together with an explanation as to why such report is not included as an exhibit to the Form 10-K. The Indenture Trustee shall have no liability for any delay in filing the form 10-K due to the failure of any party to timely sign the Form 10-K Certification. The Depositor agrees to promptly furnish to the Indenture Trustee, from time to time upon request, such further information, reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Indenture Trustee reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Indenture Trustee shall have no responsibility to file any items other than those specified in this section. If so requested, the Indenture Trustee shall sign a certification (in the form attached hereto as Exhibit Q for the benefit of the Person(s) signing the Form 10-K Certification regarding certain aspects of such Form 10-K Certification (provided, however, that the Indenture Trustee shall not be required to undertake an analysis of the accountant’s report attached as an exhibit to the Form 10-K).
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (Bayview Financial Securities Co LLC), Transfer and Servicing Agreement (BLG Securities Company, LLC), Transfer and Servicing Agreement (Bayview Financial Securities Co LLC)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mastr Alt Loan Tr 2003-5), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Certs Ser 2003-6)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.223.18, the Master Servicer shall review such officer’s certificate and reportsreport. As part of the Form 10-K required to be filed pursuant to paragraph (c) the terms of this Section 9.12Agreement, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, accountants report as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under this Agreement and any significant deficiencies relating to the applicable Servicing AgreementServicer's compliance set forth in the report of the Servicer's certified independent accountants described above.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare for filing, and execute, on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunderFund, and the Master Servicer shall sign and file (via with the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System, (i) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of in each month, each Monthly Statement on Form 8-K under the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to Exchange Act, (ii) on or before March 30th 31 of each year beginning in 2006 (2003 or such earlier other date as may be required by in order to remain in compliance with the Exchange Act and the rules and regulations promulgated thereunder)Section 302 Requirements, the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluding any certification (the "Certification") required by the Section 302 Requirements, and (iii) any directives or interpretations thereof and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. The Certification shall be executed by the Securities and Exchange Commission (senior officer in charge of servicing of the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Servicer. Upon any such filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor Trustee a copy of any such executed report, statement or information.
(f) . Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable lawmaking any such filings and certifications, the Master Servicer shall comply with the provisions set forth in this Section. If permitted by applicable law and unless the Depositor otherwise directs, the Servicer shall file a Form 15 Suspension Notification under the Exchange Act as soon as it is able to do so.
(c) It is the parties intent that compliance by the Servicer with provisions of this Section will constitute compliance with the review required by the Section 302 Requirements. In no event shall the provisions set forth in this Section limit the ability of the Servicer (or the Trustee) to conduct additional procedures or investigations determined by it to be necessary or appropriate to comply with the Section 302 Requirements.
(d) The obligations set forth in paragraphs (a) through (c) of this Section shall only apply with respect to periods for which the TrustServicer is obligated to file Form 8-Ks and 10-Ks pursuant to paragraph (b) of this Section. In the event a Form 15 is properly filed pursuant to paragraph (b) of this Section, unless specifically directed there shall be no further obligations under paragraphs (a) through (c) of this Section commencing with the fiscal year in writing not which the Form 15 is filed (other than the obligations in paragraphs (a) and (b) of this Section to do be performed in such fiscal year that relate back to the prior fiscal year).
(e) The Paying Agent shall prepare, execute, file and deliver on behalf of the Servicer Form 8-Ks required to be filed under the Exchange Act so long as no certification in respect of such Form 8-K is required by the DepositorSEC. In no event shall any Paying Agent be obligated or responsible for preparing, executing, filing or delivering in respect of the Trust Fund or another party, either (A) any report or filing required by the SEC to be prepared, executed, filed or delivered in respect of the Trust Fund or another party (other than in the circumstances described in the previous sentence) or (B) any certification in respect of a report or filing required by the SEC.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or and servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date Date, and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Master Adjustable Rate Mortgages Trust 2004-2), Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2004-2)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and 's reports, any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-5), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-6)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mastr Alternative Loan Trust 2004-13), Pooling and Servicing Agreement (Mastr Alternative Loan Trust 2004-12)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 4.03 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the each Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th 31st of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th 31st of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 13a14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2005-8), Pooling and Servicing Agreement (Mastr Second Lien Trust 2005-1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the TrustTrust on or prior to January 30, 2006 unless specifically directed in writing not to do so by the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (MASTR Seasoned Securitization Trust 2005-1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer and each Underlying Master Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer or applicable Underlying Master Servicer and use its reasonable best efforts to cause such the Servicer or applicable Underlying Master Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and Agreement, (iii) any report of the Trust Administrator’s and Master Servicer’s independent public accountants required pursuant to Section 3.223.22 and (iv) the annual compliance certificate and the report of the Trust Administrator’s independent public accountants required pursuant to Sections 9.13 and 9.14, respectively, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to the Trust Administrator’s and any Servicer’s performance of its obligations under this Agreement and the applicable Servicing Agreement, as the case may be.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to the Trust Administrator’s and any Servicer’s performance of its obligations under this Agreement and the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the The Master Servicer shall not file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed in writing not to do so by the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Transaction Inc Mastr Asset Sec Tr 2004-4), Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2004-6)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement Monthly Statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”)Certificateholders, the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Monthly Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Monthly Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Trustee and the Master Servicer shall reasonably cooperate with the Depositor to enable in connection with the Trust to satisfy its Trust's satisfying the reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of prepare, sign and file (via the Trust Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) . Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Monthly Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations, shall be filed on behalf of the Trust. The Master Servicer shall prepare and file (via the Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) each such Forms 10-K, and such Form 10-K shall be executed in accordance with paragraph (d) of this Section 8.12. Such Form 10-K shall include as exhibits the annual statements of compliance, compliance and the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly and timely prepare or file such periodic reports resulting from or relating to (i) the Master Servicer’s 's or the Trustee's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each , or (ii) in the case of any Form 10-K, the failure of or untimely completion of the negotiations referred to in (d) below.
(d) The Trustee, the Master Servicer and the Depositor hereby agree to negotiate in good faith with respect to which such party will be responsible to execute each Form 10-K shall also include a and any certification in (the form attached hereto as Exhibit N or in such other form as may "Sarbanes-Oxley Certification") required to be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluded therewith pursuaxx xx xxx Xxxxanes-Oxley Act of 2002, and the rules and regulations of the Commisxxxx xxxxxxxxxed thereunder (including any directives or interpretations thereof by the Securities and Exchange Commission Commission's staff). The Trustee, the Master Servicer and the Depositor also hereby agree to negotiate in good faith with respect to the provision of any "back-up" certifications and indemnities with respect thereto which may be deemed necessary or appropriate to support the certification items in the Sarbanes-Oxley Certification. In the event such parties agree on such mxxxxxx, xxxx Xgreement shall be amended to reflect such agreement pursuant to Section 10.01. In the event the parties do not agree on such matters, the Depositor shall have the right to terminate the Trustee and/or the Master Servicer in the Depositor's sole discretion, provided that successor(s) thereto (in the “Certification”case of the Master Servicer, the successor not being the Trustee) meeting the requirements for such successor(s) under this Agreement are appointed by the Depositor pursuant to the terms of this Agreement. If the Depositor elects to terminate the Master Servicer pursuant to this Section 8.12(d), which certification the Depositor shall be signed pay to the Master Servicer a termination fee in an amount equal to the product of (i) the Scheduled Principal Balance of all the Mortgage Loans at such time and (ii) 0.02%, plus the reasonable and necessary out-of-pocket costs and expenses incurred by a the Master Servicing OfficerServicer in connection with transferring the Mortgage Files at the direction of the Depositor.
(e) Upon any filing pursuant to this Agreement with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or informationfiling.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-7), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-7)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or and servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the TrustTrust beginning in March 2005.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date Date, and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 March 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2004-1), Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2004-1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mortgage Asset Seczt Trans Inc Mort Pass Thru Certs 2003-8), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Incmastr Asset Sec Tr 2003 7)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement Monthly Statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”)Certificateholders, the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Monthly Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Monthly Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Trustee and the Master Servicer shall reasonably cooperate with the Depositor to enable in connection with the Trust to satisfy its Trust’s satisfying the reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of prepare, sign and file (via the Trust Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) . Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Monthly Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations, shall be filed on behalf of the Trust. The Master Servicer shall prepare and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) each such Forms 10-K, and such Form 10-K shall be executed in accordance with paragraph (d) of this Section 8.12. Such Form 10-K shall include as exhibits the annual statements of compliance, compliance and the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly and timely prepare or file such periodic reports resulting from or relating to (i) the Master Servicer’s or the Trustee’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each , or (ii) in the case of any Form 10-K, the failure of or untimely completion of the negotiations referred to in (d) below.
(d) The Master Servicer and the Depositor hereby agree to negotiate in good faith with respect to which such party will be responsible to execute each Form 10-K shall also include a and any certification in (the form attached hereto as Exhibit N or in such other form as may “Xxxxxxxx-Xxxxx Certification”) required to be required by Rules 13a-14 and 15d-14 under included therewith pursuant to the Exchange Act, as applicableXxxxxxxx-Xxxxx Act of 2002, and the rules and regulations of the Commission promulgated thereunder (including any directives or interpretations thereof by the Securities and Exchange Commission Commission’s staff). The Trustee, the Master Servicer and the Depositor also hereby agree to negotiate in good faith with respect to the provision of any “back-up” certifications and indemnities with respect thereto which may be deemed necessary or appropriate to support the certification items in the Xxxxxxxx-Xxxxx Certification. In the event such parties agree on such matters, this Agreement shall be amended to reflect such agreement pursuant to Section 10.01. In the event the parties do not agree on such matters, the Depositor shall have the right to terminate the Trustee and/or the Master Servicer in the Depositor’s sole discretion, provided that successor(s) thereto (in the “Certification”case of the Master Servicer, the successor not being the Trustee) meeting the requirements for such successor(s) under this Agreement are appointed by the Depositor pursuant to the terms of this Agreement. If the Depositor elects to terminate the Master Servicer pursuant to this Section 8.12(d), which certification the Depositor shall be signed pay to the Master Servicer a termination fee in an amount equal to the product of (i) the Scheduled Principal Balance of all the Mortgage Loans at such time and (ii) 0.02%, plus the reasonable and necessary out-of-pocket costs and expenses incurred by the Master Servicer in connection with transferring the Mortgage Files at the direction of the Depositor. If the Depositor elects to terminate the Trustee pursuant to this Section 8.12(d), the Depositor shall pay to the Trustee a Master Servicing Officertermination fee in an amount equal to $2,000.
(e) Upon any filing pursuant to this Agreement with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor and the Trustee a copy of any such executed report, statement or informationfiling.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-8)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement Monthly Statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”)Certificateholders, the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Monthly Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Monthly Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Sale and Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Sale and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Trustee and the Master Servicer shall reasonably cooperate with the Depositor to enable in connection with the Trust to satisfy its Trust's satisfying the reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of prepare, sign and file (via the Trust Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) . Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Monthly Statement for such Distribution Date as an exhibit thereto. A power of attorney is hereby granted to the Master Servicer for the purposes of signing such Form 8-K on behalf of the Trust. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations, shall be filed on behalf of the Trust. The Master Servicer shall prepare and file (via the Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) each such Forms 10-K, and such Form 10-K shall be executed in accordance with paragraph (d) of this Section 8.12. Such Form 10-K shall include as exhibits the annual statements of compliance, compliance and the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly and timely prepare or file such periodic reports resulting from or relating to (i) the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each , or (ii) in the case of any Form 10-K, the failure of or untimely completion of the negotiations referred to in Section 8.12(d) below.
(d) The Master Servicer and the Depositor hereby agree to negotiate in good faith with respect to which such party will be responsible to execute each Form 10-K shall also include a and any certification in (the form attached hereto as Exhibit N or in such other form as may "Sarbanes-Oxley Certification") required to be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluded therewith pursuaxx xx xxx Xxxxanes-Oxley Act of 2002, and the rules and regulations of the Commisxxxx xxxxxxxxxed thereunder (including any directives or interpretations thereof by the Securities and Exchange Commission (Commission's staff). The Trustee, the “Master Servicer and the Depositor also hereby agree to negotiate in good faith with respect to the provision of any "back-up" certifications and indemnities with respect thereto which may be deemed necessary or appropriate to support the certification items in the Sarbanes-Oxley Certification”). In the event such parties agree on such mxxxxxx, which certification xxxx Xgreement shall be signed amended to reflect such agreement pursuant to Section 10.01. In the event the parties do not agree on such matters, the Depositor shall have the right to terminate the Trustee and/or the Master Servicer in the Depositor's sole discretion, provided that successor(s) thereto (in the case of the Master Servicer, the successor not being the Trustee) meeting the requirements for such successor(s) under this Agreement are appointed by the Depositor pursuant to the terms of this Agreement. If the Depositor elects to terminate (i) the Trustee, the Depositor shall pay to the Trustee a termination fee in an amount equal to $2,000, and/or (ii) the Master Servicing OfficerServicer, the Depositor shall pay to the Master Servicer a termination fee in an amount equal to the product of (x) the Scheduled Principal Balance of all the Mortgage Loans at such time and (y) 0.02%, plus the reasonable and necessary out-of-pocket costs and expenses incurred by the Master Servicer in connection with transferring the Mortgage Files at the direction of the Depositor.
(e) Upon any filing pursuant to this Agreement with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or informationfiling.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-4)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any the Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and upon direction from the Depositor, file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the The Master Servicer shall file a Form 15 Suspension Notification with respect to the TrustTrust on or prior to January 30, 2005 unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MASTR Seasoned Securitization Trust 2004-1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer and each Underlying Master Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer or applicable Underlying Master Servicer and use its reasonable best efforts to cause such the Servicer or applicable Underlying Master Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and Agreement, (iii) any report of the Trust Administrator’s and Master Servicer’s independent public accountants required pursuant to Section 3.223.22 and (iv) the annual compliance certificate and the report of the Trust Administrator’s independent public accountants required pursuant to Sections 9.13 and 9.14, respectively, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to the Trust Administrator’s and any Servicer’s performance of its obligations under this Agreement and the applicable Servicing Agreement, as the case may be.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to the Trust Administrator’s and any Servicer’s performance of its obligations under this Agreement and the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 1215-B-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the The Master Servicer shall not file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2004-9)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement Monthly Statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”)Certificateholders, the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Monthly Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Monthly Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Trustee and the Master Servicer shall reasonably cooperate with the Depositor to enable in connection with the Trust to satisfy its Trust's satisfying the reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of prepare, sign and file (via the Trust Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) . Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Monthly Statement for such Distribution Date as an exhibit thereto. A power of attorney is hereby granted to the Master Servicer for purposes of signing such Form 8-K on behalf of the Trust. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations, shall be filed on behalf of the Trust. The Master Servicer shall prepare and file (via the Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) each such Forms 10-K, and such Form 10-K shall be executed in accordance with paragraph (d) of this Section 8.12. Such Form 10-K shall include as exhibits the annual statements of compliance, compliance and the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly and timely prepare or file such periodic reports resulting from or relating to (i) the Master Servicer’s 's or the Trustee's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each , or (ii) in the case of any Form 10-K, the failure of or untimely completion of the negotiations referred to in (d) below.
(d) The Trustee, the Master Servicer and the Depositor hereby agree to negotiate in good faith with respect to which such party will be responsible to execute each Form 10-K shall also include a and any certification in (the form attached hereto as Exhibit N or in such other form as may "Sarbanes-Oxley Certification") required to be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluded therewith pursuaxx xx xxx Xxxxanes-Oxley Act of 2002, and the rules and regulations of the Commisxxxx xxxxxxxxxed thereunder (including any directives or interpretations thereof by the Securities and Exchange Commission Commission's staff). The Trustee, the Master Servicer and the Depositor also hereby agree to negotiate in good faith with respect to the provision of any "back-up" certifications and indemnities with respect thereto which may be deemed necessary or appropriate to support the certification items in the Sarbanes-Oxley Certification. In the event such parties agree on such mxxxxxx, xxxx Xgreement shall be amended to reflect such agreement pursuant to Section 10.01. In the event the parties do not agree on such matters, the Depositor shall have the right to terminate the Trustee and/or the Master Servicer in the Depositor's sole discretion, provided that successor(s) thereto (in the “Certification”case of the Master Servicer, the successor not being the Trustee) meeting the requirements for such successor(s) under this Agreement are appointed by the Depositor pursuant to the terms of this Agreement. If the Depositor elects to terminate the Master Servicer pursuant to this Section 8.12(d), which certification the Depositor shall pay to the Master Servicer a termination fee in an amount equal to the product of (i) the Scheduled Principal Balance of all the Mortgage Loans at such time and (ii) 0.02%, plus the reasonable and necessary out-of-pocket costs and expenses incurred by the Master Servicer in connection with transferring the Mortgage Files at the direction of the Depositor. Amounts payable by the Depositor pursuant to this Section 8.12(d) shall be signed by a Master Servicing Officerpayable solely from the Depositor's own funds and not from any assets of the Trust Fund.
(e) Upon any filing pursuant to this Agreement with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor and the Trustee a copy of any such executed report, statement or informationfiling.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-6)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any the Servicer’s annual compliance with the terms of the applicable Servicing Agreement, pursuant to Section 3.22 and (ii) any report of any the Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required standards pursuant to Section 3.223.23, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such the Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21)compliance, and each such accountant’s report, as well as a report of any significant deficiencies relating to any the Servicer’s performance of its obligations under the applicable Servicing this Agreement.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(dc) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior On or prior to March 30th 31st of each year beginning in March 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and reports, any report of significant deficiencies relating to any the Servicer’s performance of its obligations under the applicable Servicing this Agreement described in paragraph (ba) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by the tenth calendar days day after March 30th of such yeardue date, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N L or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “Certification”), which certification Certification shall be signed by a Master Servicing Officer.
(ed) Upon any filing with the Securities and Exchange Commission, the Master Servicer Securities Administrator shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(fe) Prior to January 30 of the first year in which the Master Servicer Securities Administrator is able to do so under applicable law, the Master Servicer Securities Administrator shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HASCO Trust 2005-Opt1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-10 K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10 K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-10 K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Incmastr Asset Sec Tr 2003 7)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement Monthly Statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”)4.06, the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Monthly Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Monthly Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms Forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement Monthly Statement to the Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission M (the “"Certification”"), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust.
(g) For purposes of paragraph 5 of the Certification, unless specifically directed in writing not to do so by the Depositor, upon request of the Master Servicer, agrees to provide the current contact information of its certified public accountants.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Master Adjustable Rate Mortgages Trust 2003-1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 4.03 (each, a “"Distribution Date Statement”"), the Master Servicer Trustee shall confirm that it has received all distribution and/or servicing information required to be provided to the Trustee by the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer Trustee determines that any such information has not been provided as required or is materially incorrect, the Master Servicer Trustee shall immediately notify the applicable Master Servicer and use its reasonable best efforts to cause such the Master Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer Trustee to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer Trustee shall include each such the annual statement of compliance (as well as any annual statement of compliance certificate and the report of the Master Servicer Trustee's independent public accountants required pursuant to Section 3.21)Sections 8.13 and 8.14 hereof, and each such accountant’s reportrespectively, as well as a report of any significant deficiencies relating to any Servicer’s the Trustee's performance of its obligations under the applicable Servicing this Agreement.
(c) The Master Servicer Trustee shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer Trustee shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer Trustee shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer Trustee within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer Trustee shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s the Trustee's performance of its obligations under the applicable Servicing this Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such yearTrustee. The Master Servicer Trustee shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s Trustee's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N F or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification shall be signed by a Master Servicing OfficerResponsible Officer of the Trustee.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer Trustee shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer The Trustee shall not file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Trust Agreement (MASTR Seasoned Securitization Trust 2004-2)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date "Monthly Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Monthly Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Monthly Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms Forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Monthly Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission M (the “"Certification”"), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust.
(g) For purposes of paragraph 5 of the Certification, unless specifically directed in writing not to do so by the Depositor, upon request of the Master Servicer, agrees to provide the current contact information of its certified public accountants.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Securit Trans Inc Mort Ps THR Cert Ser 2003-1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any the applicable Servicer’s annual compliance with the terms of the applicable Servicing Agreement, pursuant to Section 3.22 and (ii) any report of any the applicable Servicer’s independent public accountants relating to the such Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required standards pursuant to Section 3.223.23, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such the applicable Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21)compliance, and each such accountant’s report, as well as a report of any significant deficiencies relating to any such Servicer’s performance of its obligations under the applicable Servicing this Agreement.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(dc) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior On or prior to March 30th 31st of each year beginning in March 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and reports, any report of significant deficiencies relating to any each Servicer’s performance of its obligations under the applicable Servicing this Agreement described in paragraph (ba) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by the tenth calendar days day after March 30th of such yeardue date, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N L or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “Certification”), which certification Certification shall be signed by a Master Servicing Officer.
(ed) Upon any filing with the Securities and Exchange Commission, the Master Servicer Securities Administrator shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(fe) Prior to January 30 of the first year in which the Master Servicer Securities Administrator is able to do so under applicable law, the Master Servicer Securities Administrator shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2005-I1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-4)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any the Servicer’s annual compliance with the terms of the applicable Servicing Agreement, pursuant to Section 3.22 and (ii) any report of any the Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required standards pursuant to Section 3.223.23, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such the Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21)compliance, and each such accountant’s report, as well as a report of any significant deficiencies relating to any the Servicer’s performance of its obligations under the applicable Servicing this Agreement.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(dc) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior On or prior to March 30th of each year beginning in March 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and reports, any report of significant deficiencies relating to any the Servicer’s performance of its obligations under the applicable Servicing this Agreement described in paragraph (ba) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by the tenth calendar days day after March 30th of such yeardue date, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N L or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “Certification”), which certification Certification shall be signed by a Master Servicing Officer.
(ed) Upon any filing with the Securities and Exchange Commission, the Master Servicer Securities Administrator shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(fe) Prior to January 30 of the first year in which the Master Servicer Securities Administrator is able to do so under applicable law, the Master Servicer Securities Administrator shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HASCO Trust 2005-Nc2)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement Monthly Statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”)Certificateholders, the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Monthly Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Monthly Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Trustee and the Master Servicer shall reasonably cooperate with the Depositor to enable in connection with the Trust to satisfy its Trust's satisfying the reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of prepare, sign and file (via the Trust Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) . Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Monthly Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations, shall be filed on behalf of the Trust. The Master Servicer shall prepare and file (via the Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) each such Forms 10-K, and such Form 10-K shall be executed in accordance with paragraph (d) of this Section 8.12. Such Form 10-K shall include as exhibits the annual statements of compliance, compliance and the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly and timely prepare or file such periodic reports resulting from or relating to (i) the Master Servicer’s 's or the Trustee's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each , or (ii) in the case of any Form 10-K, the failure of or untimely completion of the negotiations referred to in (d) below.
(d) The Trustee, the Master Servicer and the Depositor hereby agree to negotiate in good faith with respect to which such party will be responsible to execute each Form 10-K shall also include a and any certification in (the form attached hereto as Exhibit N or in such other form as may "Sarbanes-Oxley Certification") required to be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluded therewith pursuaxx xx xxx Xxxxanes-Oxley Act of 2002, and the rules and regulations of the Commisxxxx xxxxxxxxxed thereunder (including any directives or interpretations thereof by the Securities and Exchange Commission Commission's staff). The Trustee, the Master Servicer and the Depositor also hereby agree to negotiate in good faith with respect to the provision of any "back-up" certifications and indemnities with respect thereto which may be deemed necessary or appropriate to support the certification items in the Sarbanes-Oxley Certification. In the event such parties agree on such mxxxxxx, xxxx Xgreement shall be amended to reflect such agreement pursuant to Section 10.01. In the event the parties do not agree on such matters, the Depositor shall have the right to terminate the Trustee and/or the Master Servicer in the Depositor's sole discretion, provided that successor(s) thereto (in the “Certification”case of the Master Servicer, the successor not being the Trustee) meeting the requirements for such successor(s) under this Agreement are appointed by the Depositor pursuant to the terms of this Agreement. If the Depositor elects to terminate the Master Servicer pursuant to this Section 8.12(d), which certification the Depositor shall pay to the Master Servicer a termination fee in an amount equal to the product of (i) the Stated Principal Balance of all the Mortgage Loans at such time and (ii) 0.02%, plus the reasonable and necessary out-of-pocket costs and expenses incurred by the Master Servicer in connection with transferring the Mortgage Files at the direction of the Depositor. All such amounts shall be signed by a Master Servicing Officerpayable from funds of the Depositor and not from any assets of the Trust Fund.
(e) Upon any filing pursuant to this Agreement with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or informationfiling.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-3)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Securitization Transactions Inc)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in March 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and reports, any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by the tenth calendar days day after March 30th of such yeardue date, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “Certification”), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 March 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by such fifteenth calendar days after March 30th of such yearday, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-4)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) the terms of this Section 9.12Agreement, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer accountants report required pursuant to Section 3.21)3.18, and each such accountant’s report, as well as a report of any significant deficiencies the Officer's Certificate delivered by the Servicer pursuant to Section 3.17 relating to any the Servicer’s 's performance of its obligations under this Agreement and the applicable Servicing Officer's Certificate delivered by the Master Servicer pursuant to Section 11.08 relating to the Master Servicer's performance of its obligations under this Agreement.
(cb) The Master Servicer shall reasonably cooperate with prepare for filing, and execute (other than the Depositor to enable initial filings and the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare Form 10-Ks), on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunderFund, and the Master Servicer shall sign and file (via with the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System, (i) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of in each month, each Monthly Statement on Form 8-K under the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to Exchange Act executed by the Master Servicer, (ii) on or before March 30th 30 of each year beginning in 2006 (or such earlier other date as may be required by in order to remain in compliance with the Exchange Act and the rules and regulations promulgated thereunder)Section 302 Requirements, the Master Servicer shall file a Form 10-KK under the Exchange Act executed by the Master Servicer, in substance as including any certification (the "Certification") required by applicable law the Section 302 Requirements, and (iii) any and all reports, statements and information (to be provided to the Master Servicer in EDGAR-compatible format) respecting the Trust Fund and/or the Certificxxxx required to be filed on behalf of the Trust Fund under the Exchange Act, provided that the Depositor provides notice to the Master Servicer and the Securities Administrator that such reports, statements or applicable Securities information is so required to be filed and Exchange Commission staff’s interpretationsprovides the Master Servicer with adequate compensation therefor. Such The Certification and Form 10-K shall include as exhibits the annual statements be executed by a senior officer of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including Upon such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) . Prior to January 30 of the first year in which making any such filings and certifications, the Master Servicer is able to do so under applicable law, shall comply with the provisions set forth in this Section. The Master Servicer shall file a Form 15 Suspension Notification under the Exchange Act unless the Depositor directs otherwise in writing. The Depositor hereby grants to the Master Servicer a limited power of attorney to execute and file each such document on behalf of the Depositor. Such power of attorney shall continue until either the earlier of (i) receipt by the Master Servicer from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust Fund. The Depositor agrees to promptly furnish to the Master Servicer, from time to time upon request, such further information, reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Depositor reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Master Servicer shall have no responsibility to file any items other than those specified in this Section.
(c) [RESERVED]
(d) The obligations set forth in paragraphs (a) through (c) of this Section shall only apply with respect to periods for which the Master Servicer is obligated to file Form 8-Ks and 10-Ks pursuant to paragraph (b) of this Section. In the event a Form 15 is properly filed pursuant to paragraph (b) of this Section, there shall be no further obligations under paragraphs (a) through (c) of this Section with respect to the Trust, unless specifically directed fiscal year in writing not which the Form 15 is filed (other than the obligations in paragraphs (a) and (b) of this Section to do so by be performed in such fiscal year that relate back to the Depositorprior fiscal year).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Ownit Series 2005-2)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement Distribution Date Statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Transactions Inc Mastr Asset Sec Tr 03 2)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form From 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Purchase and Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Purchase and Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission O (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust.
(g) For purposes of paragraph 5 of the Certification, unless specifically directed in writing not to do so by the Depositor, upon request of the Master Servicer, agrees to provide the current contact information of its certified public accountants.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2003-1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-10 K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mastr Asset Sec Tr 2003 11)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 5.04(b) (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer any Subservicer for inclusion in the Servicer's Certificate on which such Distribution Date StatementStatement is based. In the event that the Master Servicer Subservicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer Subservicer and the Trustee and use its reasonable best efforts to cause such Servicer the Subservicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to provide a corrected Servicer's Certificate to the Trustee and to enable the Trustee to distribute the Distribution Date Statement at the time required in this Agreementby Section 5.04(b).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.223.19, the Master Servicer shall review such officer’s certificate report and reportsshall deliver a copy of such report to the Depositor's certified public accountants and the Trustee. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12Section, the Master Servicer Trustee shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, accountants report as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under this Agreement known to the applicable Servicing AgreementTrustee and any significant deficiencies relating to the Servicer's compliance set forth in the report of the Servicer's certified independent accountants described above.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunderTrustee shall, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
, prepare and file with the Securities and Exchange Commission (dthe "SEC") Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior (i) on or prior to March 30th of each year beginning in 2006 31 (or such earlier date as may then be required by the Exchange Act and the SEC rules and regulations promulgated thereunder)or regulations) of each year commencing in 2003, the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such an annual report on Form 10-K shall include (or its successor) for the preceding calendar year; (ii) within 15 days after each Distribution Date, a current report on Form 8-K (or its successor), containing as exhibits an exhibit the annual statements of compliance, the accountant’s reports and any report of significant deficiencies Distribution Date Statement relating to such Distribution Date; and (iii) any Servicer’s and all other reports, statements and information respecting the Trust which are required, or which the Depositor deems desirable, to be filed with the SEC pursuant to Sections 13(a) or 15(d) of the Securities and Exchange Act of 1934, as amended, each such report, statement and information to be filed on or prior to the required filing date for such report, statement or information. Upon the request of the Trustee, each of the Servicer and the Depositor shall cooperate with the Trustee in the preparation of any such report and shall provide to the Trustee in a timely manner all such information as the Trustee may reasonably request in connection with the performance of its duties and obligations under the applicable Servicing Agreement described in paragraph this Section.
(bd) of this Section 9.12, in each case The Servicer shall deliver to the extent they have been Trustee on a timely delivered basis to permit the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and Trustee to file a Form 12b-25 including such documents it as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect an exhibit to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each each annual report on Form 10-K shall also include a required to be file pursuant to paragraph (c) of this Section, the certification in required under 302(a) of the form attached hereto Xxxxxxxx-Xxxxx Act of 2002 (as Exhibit N amended from time to time) and any rules or in such other form as may be regulations promulgated with respect thereto (collectively, the "Section 302 Requirements"). It is the parties' intent that compliance by the Servicer with the provisions of this Section 3.22 will constitute compliance with the review required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives Section 302 Requirements. In no event shall the provisions set forth in this Section 3.22 limit the ability of the Servicer (or interpretations thereof the Trustee) to conduct additional procedures or investigations determined by it to be necessary or appropriate to comply with the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing OfficerSection 302 Requirements.
(e) Upon any filing The obligations set forth in paragraphs (b) through (d) of this Section shall only apply with respect to periods for which the Trustee is obligated to file reports on Form 8-K or 10-K pursuant to paragraph (c) of this Section. In the event that, upon request of the Depositor, a Form 15D is properly filed pursuant to paragraph (c) of this Section, there shall be no further obligations under paragraphs (b) through (d) of this Section commencing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first fiscal year in which the Master Servicer Form 15D is able filed (other than the obligations to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect be performed in such fiscal year that relate back to the Trust, unless specifically directed in writing not to do so by the Depositorprior fiscal year).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mort Ps THR Cer Ser 2002-9)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer’s annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pas THR Certs Se 2003 9)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each the Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any the Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any the Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such the Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 March 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and 's reports, any report of significant deficiencies relating to any the Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by the tenth calendar days day after March 30th of such yeardue date, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-13)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.223.18, the Master Servicer shall review such officer’s certificate and reportsreport. As part of the Form 10-K required to be filed pursuant to paragraph (c) the terms of this Section 9.12Agreement, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, accountants report as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under this Agreement and any significant deficiencies relating to the applicable Servicing AgreementServicer's compliance set forth in the report of the Servicer's certified independent accountants described above.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare for filing, and execute, on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunderFund, and the Master Servicer shall sign and file (via with the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System, (i) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of in each month, each Monthly Statement on Form 8-K under the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to Exchange Act, (ii) on or before March 30th 31 of each year beginning in 2006 (2004 or such earlier other date as may be required by in order to remain in compliance with the Exchange Act and the rules and regulations promulgated thereunder)Section 302 Requirements, the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluding any certification (the "Certification") required by the Section 302 Requirements, and (iii) any directives or interpretations thereof and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. The Certification shall be executed by the Securities and Exchange Commission (senior officer in charge of servicing of the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Servicer. Upon any such filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor Trustee a copy of any such executed report, statement or information.
(f) . Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable lawmaking any such filings and certifications, the Master Servicer shall comply with the provisions set forth in this Section. If permitted by applicable law and unless the Depositor otherwise directs, the Servicer shall file a Form 15 Suspension Notification under the Exchange Act as soon as it is able to do so.
(c) It is the parties intent that compliance by the Servicer with provisions of this Section will constitute compliance with the review required by the Section 302 Requirements. In no event shall the provisions set forth in this Section limit the ability of the Servicer (or the Trustee) to conduct additional procedures or investigations determined by it to be necessary or appropriate to comply with the Section 302 Requirements.
(d) The obligations set forth in paragraphs (a) through (c) of this Section shall only apply with respect to periods for which the TrustServicer is obligated to file Form 8-Ks and 10-Ks pursuant to paragraph (b) of this Section. In the event a Form 15 is properly filed pursuant to paragraph (b) of this Section, unless specifically directed there shall be no further obligations under paragraphs (a) through (c) of this Section commencing with the fiscal year in writing not which the Form 15 is filed (other than the obligations in paragraphs (a) and (b) of this Section to do be performed in such fiscal year that relate back to the prior fiscal year).
(e) The Paying Agent shall prepare, execute, file and deliver on behalf of the Servicer Form 8-Ks required to be filed under the Exchange Act so long as no certification in respect of such Form 8-K is required by the DepositorSEC. In no event shall any Paying Agent be obligated or responsible for preparing, executing, filing or delivering in respect of the Trust Fund or another party, either (A) any report or filing required by the SEC to be prepared, executed, filed or delivered in respect of the Trust Fund or another party (other than in the circumstances described in the previous sentence) or (B) any certification in respect of a report or filing required by the SEC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Funding Inc)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement Monthly Statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”)Certificateholders, the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Monthly Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Monthly Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Trustee and the Master Servicer shall reasonably cooperate with the Depositor to enable in connection with the Trust to satisfy its Trust's satisfying the reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of prepare, sign and file (via the Trust Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) . Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Monthly Statement for such Distribution Date as an exhibit thereto. A power of attorney is hereby granted to the Master Servicer for purposes of signing such Form 8-K on behalf of the Trust. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations, shall be filed on behalf of the Trust. The Master Servicer shall prepare and file (via the Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) each such Forms 10-K, and such Form 10-K shall be executed in accordance with paragraph (d) of this Section 8.12. Such Form 10-K shall include as exhibits the annual statements of compliance, compliance and the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly and timely prepare or file such periodic reports resulting from or relating to (i) the Master Servicer’s 's or the Trustee's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each , or (ii) in the case of any Form 10-K, the failure of or untimely completion of the negotiations referred to in (d) below.
(d) The Trustee, the Master Servicer and the Depositor hereby agree to negotiate in good faith with respect to which such party will be responsible to execute each Form 10-K shall also include a and any certification in (the form attached hereto as Exhibit N or in such other form as may "Sarbanes-Oxley Certification") required to be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluded therewith pursuaxx xx xxx Xxxxanes-Oxley Act of 2002, and the rules and regulations of the Commisxxxx xxxxxxxxxed thereunder (including any directives or interpretations thereof by the Securities and Exchange Commission Commission's staff). The Trustee, the Master Servicer and the Depositor also hereby agree to negotiate in good faith with respect to the provision of any "back-up" certifications and indemnities with respect thereto which may be deemed necessary or appropriate to support the certification items in the Sarbanes-Oxley Certification. In the event such parties agree on such mxxxxxx, xxxx Xgreement shall be amended to reflect such agreement pursuant to Section 10.01. In the event the parties do not agree on such matters, the Depositor shall have the right to terminate the Trustee and/or the Master Servicer in the Depositor's sole discretion, provided that successor(s) thereto (in the “Certification”case of the Master Servicer, the successor not being the Trustee) meeting the requirements for such successor(s) under this Agreement are appointed by the Depositor pursuant to the terms of this Agreement. If the Depositor elects to terminate the Master Servicer pursuant to this Section 8.12(d), which certification the Depositor shall be signed pay to the Master Servicer a termination fee in an amount equal to the product of (i) the Scheduled Principal Balance of all the Mortgage Loans at such time and (ii) 0.02%, plus the reasonable and necessary out-of-pocket costs and expenses incurred by a the Master Servicing OfficerServicer in connection with transferring the Mortgage Files at the direction of the Depositor.
(e) Upon any filing pursuant to this Agreement with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or informationfiling.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Assset Sec Trans Inc Mastr Alternative Loan 2002-2)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Each Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable and the Trust to satisfy its Administrator in connection with the Trust’s satisfying the reporting requirements under the Exchange Act. The Master Servicer shall prepare .
(b) Not later than 15 calendar days before the date on behalf of which the Trust any Forms 8-K (or other comparable required Depositor’s annual report on Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as is required by to be filed in accordance with the Exchange Act and the rules and regulations promulgated thereunderof the Commission (or, if such day is not a Business Day, the immediately preceding Business Day), the Master Servicer will deliver to the Depositor and the Trust Administrator an Officer’s Certificate for the prior calendar year in substantially the form of Exhibit D-1 to this Agreement. The Master Servicer agrees to indemnify and hold harmless the Depositor, the Trust Administrator and each Person, if any, who “controls” the Depositor or the Trust Administrator within the meaning of the Securities Act and their respective officers, directors and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs, fees and expenses that such Person may sustain arising out of third party claims based on (i) the failure of Master Servicer to deliver or cause to be delivered when required any Officer’s Certificate pursuant to this Section 3.15(b), or (ii) any material misstatement or omission contained in any Officer’s Certificate provided pursuant to this Section 3.15(b). If an event occurs that would otherwise result in an indemnification obligation under clauses (i) or (ii) above, but the indemnification provided for in this Section 3.15(b) by the Master Servicer is unavailable or insufficient to hold harmless such Persons, then the Master Servicer shall contribute to the amount paid or payable by such Persons as a result of the losses, claims, damages or liabilities of such Persons in such proportion as is appropriate to reflect the relative fault of the Depositor or the Trust Administrator on the one hand and the Master Servicer shall sign on the other. The Master Servicer acknowledges that the Depositor and file (via the Securities and Exchange CommissionTrust Administrator are relying on such Servicer’s Electronic Data Gathering and Retrieval System) such forms on behalf performance of its obligations under this Agreement in order to perform their respective obligations under Section 6.16 of the TrustIndenture.
(dc) Each Not later than 15 calendar days before the date on which the Depositor’s annual report on Form 810-K shall is required to be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by accordance with the Exchange Act and the rules and regulations promulgated thereunderof the Commission (or, if such day is not a Business Day, the immediately preceding Business Day), each Servicer, with respect to the Loans serviced by such Servicer, will deliver to the Trust Administrator, and the Trust Administrator shall forward to the Depositor and the Master Servicer, an Officer’s Certificate for the prior calendar year in substantially the form of Exhibit D-2 to this Agreement. Each Servicer agrees to indemnify and hold harmless the Depositor, the Trust Administrator, the Master Servicer shall file a Form 10-Kand each Person, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits if any, who “controls” the annual statements of complianceDepositor, the accountantTrust Administrator or the Master Servicer within the meaning of the Securities Act and their respective officers, directors and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs, fees and expenses that such Person may sustain arising out of third party claims based on (i) the failure of such Servicer to deliver or cause to be delivered when required any Officer’s reports Certificate pursuant to this Section 3.15(c), or (ii) any material misstatement or omission contained in any Officer’s Certificate provided by such Servicer pursuant to this Section 3.15(c). If an event occurs that would otherwise result in an indemnification obligation under clauses (i) or (ii) above, but the indemnification provided for in this Section 3.15(c) by such Servicer is unavailable or insufficient to hold harmless such Persons, then such Servicer shall contribute to the amount paid or payable by such Persons as a result of the losses, claims, damages or liabilities of such Persons in such proportion as is appropriate to reflect the relative fault of the Depositor, the Trust Administrator or the Master Servicer on the one hand and any report of significant deficiencies relating to any such Servicer on the other. Each Servicer acknowledges that the Depositor, the Trust Administrator and the Master Servicer are relying on such Servicer’s performance of its obligations under this Agreement in order to perform their respective obligations under this Section 3.15 (in the case of the Master Servicer) and Section 6.16 of the Indenture (in the case of the Depositor and the Trust Administrator).
(d) If the Commission issues additional interpretative guidance or promulgates additional rules or regulations, or if other changes in applicable Servicing Agreement law occur, that would require the reporting arrangements, or the allocation of responsibilities with respect thereto, described in paragraph (b) this Section 3.15, to be conducted differently than as described, the parties hereto will reasonably cooperate to amend the provisions of this Section 9.123.15 in order to comply with such amended reporting requirements and such amendment of this Section 3.15. Any such amendment shall be made in accordance with Section 8.01 without the consent of the Securityholders, and may result in each case to a change in the extent they have been timely delivered to reports filed by the Master ServicerTrust Administrator on behalf of the Trust under the Exchange Act. If they are not so timely deliveredNotwithstanding the foregoing, the Depositor, Servicers, the Master Servicer and the Trust Administrator shall notify the Depositor not be obligated to enter into any amendment pursuant to this Section 3.15 that adversely affects its obligations and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 immunities under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officerthis Agreement.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-Hf1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.223.18, the Master Servicer shall review such officer’s certificate and reportsreport. As part of the Form 10-K required to be filed pursuant to paragraph (c) the terms of this Section 9.12Agreement, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, accountants report as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under this Agreement and any significant deficiencies relating to the applicable Servicing AgreementServicer's compliance set forth in the report of the Servicer's certified independent accountants described above.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare for filing, and execute, on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunderFund, and the Master Servicer shall sign and file (via with the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System, (i) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of in each month, each Monthly Statement on Form 8-K under the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to Exchange Act, (ii) on or before March 30th 31 of each year beginning in 2006 (2004 or such earlier other date as may be required by in order to remain in compliance with the Exchange Act and the rules and regulations promulgated thereunder)Section 302 Requirements, the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluding any certification (the "Certification") required by the Section 302 Requirements, and (iii) any directives or interpretations thereof and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. The Certification shall be executed by the Securities and Exchange Commission (senior officer in charge of servicing of the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Servicer. Upon any such filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor Trustee a copy of any such executed report, statement or information.
(f) . Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable lawmaking any such filings and certifications, the Master Servicer shall comply with the provisions set forth in this Section 3.20. If permitted by applicable law and unless the Depositor otherwise directs, the Servicer shall file a Form 15 Suspension Notification under the Exchange Act as soon as it is able to do so.
(c) It is the parties intent that compliance by the Servicer with provisions of this Section will constitute compliance with the review required by the Section 302 Requirements. In no event shall the provisions set forth in this Section limit the ability of the Servicer (or the Trustee) to conduct additional procedures or investigations determined by it to be necessary or appropriate to comply with the Section 302 Requirements.
(d) The obligations set forth in paragraphs (a) through (c) of this Section shall only apply with respect to periods for which the TrustServicer is obligated to file Form 8-Ks and 10-Ks pursuant to paragraph (b) of this Section. In the event a Form 15 is properly filed pursuant to paragraph (b) of this Section, unless specifically directed there shall be no further obligations under paragraphs (a) through (c) of this Section commencing with the fiscal year in writing not which the Form 15 is filed (other than the obligations in paragraphs (a) and (b) of this Section to do be performed in such fiscal year that relate back to the prior fiscal year).
(e) The Servicer shall prepare, file and deliver Form 8-Ks required to be filed under the Exchange Act and the Paying Agent shall execute on behalf of the Depositor so long as no certification in respect of such Form 8-K is required by the DepositorSEC. In no event shall the Trustee or any of its agents be obligated or responsible for preparing, executing, filing or delivering in respect of the Trust Fund or another party, either (A) any report or filing required by the SEC to be prepared, executed, filed or delivered in respect of the Trust Fund or another party (other than in the circumstances described in the previous sentence) or (B) any certification in respect of a report or filing required by the SEC.
(f) Not later than 15 calendar days before the date on which the Trust Fund's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Comission (or, if such day is not a Business Day, the immediately preceding Business Day), the Paying Agent will deliver to the Depositor an officer's certificate for the prior calendar year substantially in the form of Exhibit G hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Funding Inc)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or and servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date Date, and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 March 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by such fifteenth calendar days after March 30th of such yearday, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed in writing instructed by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mastr Adj Rate Mort Tr 2004 3)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 4.03 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the each Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.12, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, as well as a report of any significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 13a14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2005-Ab1)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, 3.22 the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 2005 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mastr Asset Sec Tr 2004-5)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “"Distribution Date Statement”"), the Master Servicer shall confirm that it has received all distribution and/or and servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such the Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any Servicer’s 's annual compliance with the terms of the applicable Purchase and Servicing Agreement, (ii) any report of any Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Purchase and Servicing Agreement Agreement, and (iii) any report of the Master Servicer’s 's independent public accountants required pursuant to Section 3.22, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement.
(c) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and Date, which shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year beginning in 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s 's reports and any report of significant deficiencies relating to any Servicer’s 's performance of its obligations under the applicable Purchase and Servicing Agreement described in paragraph (b) of this Section 9.128.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a an amended Form 12b-25 10-K including such documents as exhibits within fifteen (15) calendar days reasonably promptly after March 30th of such yearthey are delivered to the Master Servicer. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N M or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any directives or interpretations thereof by the Securities and Exchange Commission (the “"Certification”"), which certification shall be signed by a Master Servicing Officer.
(e) Upon any filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(f) Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable law, the Master Servicer shall file a Form 15 Suspension Notification with respect to the Trust, unless specifically directed in writing not to do so by the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Tr MSTR Alt Ln Tr Mt Ps THR Ct Sr 2003-3)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s certificate relating to any Servicer’s annual compliance with the terms of the applicable Servicing Agreement, (ii) any report of any Servicer’s independent public accountants relating to the Servicer’s compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required pursuant to Section 3.223.18, the Master Servicer shall review such officer’s certificate and reportsreport. As part of the Form 10-K required to be filed pursuant to paragraph (c) the terms of this Section 9.12Agreement, the Master Servicer shall include each such annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21), and each such accountant’s report, accountants report as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under this Agreement and any significant deficiencies relating to the applicable Servicing AgreementServicer's compliance set forth in the report of the Servicer's certified independent accountants described above.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Exchange Act. The Master Servicer shall prepare for filing, and execute, on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunderFund, and the Master Servicer shall sign and file (via with the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System, (i) such forms on behalf of the Trust.
(d) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of in each month, each Monthly Statement on Form 8-K under the statement to Certificateholders for such Distribution Date as an exhibit thereto. Prior to Exchange Act, (ii) on or before March 30th 31 of each year beginning in 2006 (2004 or such earlier other date as may be required by in order to remain in compliance with the Exchange Act and the rules and regulations promulgated thereunder)Section 302 Requirements, the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and any report of significant deficiencies relating to any Servicer’s performance of its obligations under the applicable Servicing Agreement described in paragraph (b) of this Section 9.12, in each case to the extent they have been timely delivered to the Master Servicer. If they are not so timely delivered, the Master Servicer shall notify the Depositor and file a Form 12b-25 including such documents as exhibits within fifteen (15) calendar days after March 30th of such year. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicableincluding any certification (the "Certification") required by the Section 302 Requirements, and (iii) any directives or interpretations thereof and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. The Certification shall be executed by the Securities and Exchange Commission (senior officer in charge of servicing of the “Certification”), which certification shall be signed by a Master Servicing Officer.
(e) Servicer. Upon any such filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor Trustee a copy of any such executed report, statement or information.
(f) . Prior to January 30 of the first year in which the Master Servicer is able to do so under applicable lawmaking any such filings and certifications, the Master Servicer shall comply with the provisions set forth in this Section. If permitted by applicable law and unless the Depositor otherwise directs, the Servicer shall file a Form 15 Suspension Notification under the Exchange Act as soon as it is able to do so.
(c) It is the parties intent that compliance by the Servicer with provisions of this Section will constitute compliance with the review required by the Section 302 Requirements. In no event shall the provisions set forth in this Section limit the ability of the Servicer (or the Trustee) to conduct additional procedures or investigations determined by it to be necessary or appropriate to comply with the Section 302 Requirements.
(d) The obligations set forth in paragraphs (a) through (c) of this Section shall only apply with respect to periods for which the TrustServicer is obligated to file Form 8-Ks and 10-Ks pursuant to paragraph (b) of this Section. In the event a Form 15 is properly filed pursuant to paragraph (b) of this Section, unless specifically directed there shall be no further obligations under paragraphs (a) through (c) of this Section commencing with the fiscal year in writing not which the Form 15 is filed (other than the obligations in paragraphs (a) and (b) of this Section to do be performed in such fiscal year that relate back to the prior fiscal year).
(e) The Paying Agent shall prepare, execute, file and deliver on behalf of the Servicer Form 8-Ks required to be filed under the Exchange Act so long as no certification in respect of such Form 8-K is required by the DepositorSEC. In no event shall any Paying Agent be obligated or responsible for preparing, executing, filing or delivering in respect of the Trust Fund or another party, either (A) any report or filing required by the SEC to be prepared, executed, filed or delivered in respect of the Trust Fund or another party (other than in the circumstances described in the previous sentence) or (B) any certification in respect of a report or filing required by the SEC.
(f) Not later than 15 calendar days before the date on which the Trust Fund's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Comission (or, if such day is not a Business Day, the immediately preceding Business Day), the Paying Agent will deliver to the Depositor an officer's certificate for the prior calendar year substantially in the form of Exhibit G hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Funding Inc)
Periodic Filings. (a) With respect to each Distribution Date, prior to the issuance of the related monthly statement to Certificateholders pursuant to Section 4.04 (each, a “Distribution Date Statement”), the Master Servicer shall confirm that it has received all distribution and/or servicing information required to be provided to the Master Servicer by each Servicer for inclusion in such Distribution Date Statement. In the event the Master Servicer determines that any such information has not been provided as required or is materially incorrect, the Master Servicer shall immediately notify the applicable Servicer and use its reasonable best efforts to cause such Servicer to provide or correct, as the case may be, such information promptly (but in any event in time to permit the Master Servicer to distribute the Distribution Date Statement at the time required in this Agreement).
(b) Promptly upon receipt by the Master Servicer of (i) any officer’s 's certificate relating to any the Servicer’s 's annual compliance with the terms of the applicable Servicing Agreement, pursuant to Section 3.22 and (ii) any report of any the Servicer’s 's independent public accountants relating to the Servicer’s 's compliance with servicing standards, as required under the applicable Servicing Agreement and (iii) any report of the Master Servicer’s independent public accountants required standards pursuant to Section 3.223.23, the Master Servicer shall review such officer’s 's certificate and reports. As part of the Form 10-K required to be filed pursuant to paragraph (c) of this Section 9.128.12, the Master Servicer shall include each such the Servicer's annual statement of compliance (as well as any annual statement of compliance of the Master Servicer required pursuant to Section 3.21)compliance, and each such accountant’s 's report, as well as a report of any significant deficiencies relating to any the Servicer’s 's performance of its obligations under the applicable Servicing this Agreement.
(cb) The Master Servicer shall reasonably cooperate with the Depositor to enable the Trust to satisfy its reporting requirements under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). The Master Servicer shall prepare on behalf of the Trust any Forms 8-K (or other comparable required Form containing the same or comparable information or other information mutually agreed upon) and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations promulgated thereunder, and the Master Servicer shall sign and file (via the Securities and Exchange Commission’s 's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust.
(dc) Each Form 8-K shall be filed by the Master Servicer within 15 days after each Distribution Date and shall include a copy of the statement to Certificateholders Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior On or prior to March 30th of each year beginning in March 2006 (or such earlier date as may be required by the Exchange Act and the rules and regulations promulgated thereunder), the Master Servicer shall file a Form 10-K, in substance as required by applicable law or applicable Securities and Exchange Commission staff’s 's interpretations. Such Form 10-K shall include as exhibits the annual statements of compliance, the accountant’s reports and 's reports, any report of significant deficiencies relating to any the Servicer’s 's performance of its obligations under the applicable Servicing this Agreement described in paragraph (ba) of this Section 9.128.12 and any other exhibits that may be required as a result of any new rules adopted by the Securities and Exchange Commission, in each case to the extent they have been timely delivered to the Master Servicer. If they In accordance with the Exchange Act and the rules and regulations promulgated thereunder, if such exhibits are not so timely delivered, the Master Servicer shall notify (i) file the Depositor balance of the Form 10-K, indicating on the cover page thereof which of such exhibits are omitted, and (ii) no later than one Business Day after the due date for Form 10-K, file a Form 12b-25 including 12b-25, notifying the Securities and Exchange Commission of its inability to timely file all or any required portion of Form 10-K. No later than the fifteenth calendar day after the due date for Form 10-K, the Master Servicer shall, to the extent in its possession, file such documents as exhibits within fifteen (15) with the Securities and Exchange Commission. If the Master Servicer has not received such exhibits by the tenth calendar days day after March 30th of such yeardue date, the Master Servicer shall notify the Depositor. The Master Servicer shall have no liability with respect to any failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s 's inability or failure to obtain any information not resulting from its own negligence, bad faith or willful misconduct. Each Form 10-K shall also include a certification in the form attached hereto as Exhibit N L or in such other form as may be required by Rules 13a-14 and 15d-14 under the Exchange Act, as applicable, and any existing or future directives or interpretations thereof or rules subsequently adopted by the Securities and Exchange Commission (the “"Certification”"), which certification Certification shall be signed by a Master Servicing Officer.
(ed) Upon any filing with the Securities and Exchange Commission, the Master Servicer Securities Administrator shall promptly deliver to the Depositor a copy of any such executed report, statement or information.
(fe) Prior to January 30 of the first year in which the Master Servicer Securities Administrator is able to do so under applicable law, the Master Servicer Securities Administrator shall file a Form 15 Suspension Notification with respect to the Trust, Trust unless specifically directed instructed in writing by the Depositor not to do so by the Depositorso.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HASCO Trust 2005-Nc1)
