Common use of Preparation of Reports Clause in Contracts

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 5 contracts

Samples: Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (HMB Acceptance Corp.)

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Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 2006, and prior to March 31 in each succeeding year so long as a Form 15 Suspension Notification has not been filed for the prior calendar year, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act Act, as amended (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grantsgrants to the Indenture Trustee, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 3 contracts

Samples: Custodial Agreement (Fieldstone Mortgage Investment CORP), Custodial Agreement (NYMT Securities CORP), Transfer and Servicing Agreement (Fieldstone Mortgage Investment Trust, Series 2005-1)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Administrator, from time to time upon request, in XXXXX format or in a format easily convertible to XXXXX, such further information, reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Depositor Securities Administrator reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2005-5)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 20062005, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 2005 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Structured Asset Securities Corp), Transfer and Servicing Agreement (Structured Asset Securities Corp)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 20062005, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 2005 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Indenture Trustee, the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment Trust, Series 2004-4), Transfer and Servicing Agreement (Fieldstone Mortgage Investment Trust, Series 2004-3)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 10 days after each Payment Date(or, the Securities Administrator shallif applicable, in accordance with industry standards customary for securities similar to the Notes within such shorter period of time as is required by the Exchange Act and under the rules and regulations of the Securities and Exchange Commission (the “Commission”) as in effect from time to time (the “Rules”)) following each Payment Date, the Indenture Trustee shall, in accordance with industry standards and the Rules, prepare and file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), and the Master Servicer shall sign, a Form 810-K with D that includes (i) a copy of the statement to the Noteholders Securityholders for such Payment Date and (iii) such other information as an exhibit theretois required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB. The Depositor agrees to cooperate with the Indenture Trustee and Indenture Trustee’s counsel to assist the Indenture Trustee in determining the form and content of any filings that may be required pursuant to this Section 6.07(a), and, without limiting the Indenture Trustee’s responsibility hereunder, otherwise to assist the Indenture Trustee in fulfilling its duties under this Section 6.07(a). Prior to January 30, 200630 in the first year as to which it has received prior instructions from the Depositor to do so, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the Notesstandards, prepare and file a Form 15 Suspension Notification with respect to the IssuerTrust, if applicable. Prior to March 3130, 2006 20[__] and, unless and until a Form 15 Suspension Notification shall have been filed, on or prior to March 31 in 30 of each succeeding year so long as a Form 15 has not been filed for the prior calendar yearthereafter, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, and the Master Servicer shall sign, in substance conforming to industry standards applicable to and complying with the NotesRules, with respect to the IssuerTrust. The Each Form 10-K shall include (w) the certification required pursuant to Rule 13a-14 under the Exchange Act Act), as amended (the “Form 10-K Certification,” ”) signed by an appropriate party or parties (which Form 10-K Certification the Indenture Trustee shall not be signed required to prepare or sign) (x) the annual certifications delivered by the Indenture Trustee, the Administrator, the Master Servicer, the Owner Trustee, each Servicer and each Custodian pursuant to this Agreement, the Servicing Agreements, the Trust Agreement and the Custodial Agreements, (y) the related public accounting firm attestation reports and (z) such other information as is required by the 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 promptly send copies of each periodic report filed on Form 8-K or other applicable form, each annual report on Form 10-K, and each Form 15 Suspension Notification, together in each case with the acceptance confirmation receipt from XXXXX, to [_____________] and to the Depositor (i) by e-mail to the e-mail addresses provided in writing by each of [___________] and the Securities Administrator Depositor, respectively and (ii) to [___________] at [____________________], and to the Depositor at the address specified in Section 9.07, in each case to the attention of a designated contact specified by each of [___________] and the Depositor, respectively.\ The Indenture Trustee shall have no liability for any delay in filing the Form 10-D, Form 10-K or Form 10-K Certification due to the failure of such any party to timely sign the such Form 10-D, Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities AdministratorIndenture 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 Depositor reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator Indenture Trustee shall have no responsibility to file any items other than those specified in this section.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp), Transfer and Servicing Agreement (Structured Asset Securities Corp)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2005-4), Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2005-1)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within Within 15 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2006, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification in the form set forth in Exhibit G required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” ”) signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the prepare such Form 10-K due to and provide the failure of Depositor with such party to timely sign the Form 10-K or not later than March 20th of each year in which a Form 10-K Certificationshall be filed. The Following its receipt thereof, the Depositor hereby grants, and in the case of the shall execute such Form 10-K Certificationand provide the original of such Form 10-K to the Indenture Trustee not later than March 25th (or, an Authorized Officer if the applicable March 25th is not a Business Day, the next succeeding Business Day) of each year; provided, however, that if the filing of such Form 10-K shall be required to occur on a date earlier than March 30th of each year as may be required by the Exchange Act and the Rules and Regulations of the Depositor will grantSecurities and Exchange Commission, then the time periods for preparation and execution of such Form 10-K set forth in this sentence shall be adjusted accordingly. Such Form 10-K when filed shall include as exhibits the Servicer’s annual statement of compliance described under Section 4.09 and the accountant’s report described under Section 4.10 in each case to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish extent they have been timely delivered to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this sectionIndenture Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (GSR Trust 2005-Hel1)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 2006, and prior to March 31 in each succeeding year so long as a Form 15 Suspension Notification has not been filed for the prior calendar year, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act Act, as amended (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, grants to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (New York Mortgage Trust 2005-3)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 Within 10 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the "Commission"), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEDGAR), a Form 8-K with a copy xxxx of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the IssuerIssuing Entity, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2006, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the IssuerIssuing Entity. The Form 10-K shall include the certification in the form set forth in Exhibit G required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the "Form 10-K Certification,” ") signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the prepare such Form 10-K due to and provide the failure of Depositor with such party to timely sign the Form 10-K or not later than March 20th of each year in which a Form 10-K Certificationshall be filed. The Following its receipt thereof, the Depositor hereby grants, and in the case of the shall execute such Form 10-K Certificationand provide the original of such Form 10-K to the Indenture Trustee not later than March 25th (or, an Authorized Officer if the applicable March 25th is not a Business Day, the next succeeding Business Day) of each year; provided, however, that if the filing of such Form 10-K shall be required to occur on a date earlier than March 30th of each year as may be required by the Exchange Act and the Rules and Regulations of the Depositor will grantSecurities and Exchange Commission, then the time periods for preparation and execution of such Form 10-K set forth in this sentence shall be adjusted accordingly. Such Form 10-K when filed shall include as exhibits the Servicer's annual statement of compliance described under Section 4.09 and the accountant's report described under Section 4.10 in each case to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish extent they have been timely delivered to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this sectionIndenture Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Financial Asset Securities Corp)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the "Commission"), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEDGAR), a Form 8-K with a copy of the xxx statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the "Form 10-K Certification," which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2005-2)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within Within 15 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the "Commission"), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2006, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification in the form set forth in Exhibit G required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the "Form 10-K Certification,” ") signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the prepare such Form 10-K due to and provide the failure of Depositor with such party to timely sign the Form 10-K or not later than March 20th of each year in which a Form 10-K Certificationshall be filed. The Following its receipt thereof, the Depositor hereby grants, and in the case of the shall execute such Form 10-K Certificationand provide the original of such Form 10-K to the Indenture Trustee not later than March 25th (or, an Authorized Officer if the applicable March 25th is not a Business Day, the next succeeding Business Day) of each year; provided, however, that if the filing of such Form 10-K shall be required to occur on a date earlier than March 30th of each year as may be required by the Exchange Act and the Rules and Regulations of the Depositor will grantSecurities and Exchange Commission, then the time periods for preparation and execution of such Form 10-K set forth in this sentence shall be adjusted accordingly. Such Form 10-K when filed shall include as exhibits the Servicer's annual statement of compliance described under Section 4.09 and the accountant's report described under Section 4.10 in each case to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish extent they have been timely delivered to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this sectionIndenture Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He1)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006[ - ], the Securities Trust Administrator shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year[ - ], the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grantsgrants to the Indenture Trustee, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy the reports listed in subsections (e) through (g) of this Section 6.07 in respect of the statement Trust Fund as and to the Noteholders for such Payment Date as an exhibit theretoextent required under the Exchange Act each of which reports and any amendment thereof shall be signed by the Exchange Act Signing Party. Prior to January 30, 20062007, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2007, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” ”) signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, grants to the Master Servicer and the Securities Administrator Indenture Trustee a limited power of attorney to execute and file each such document on behalf of the DepositorDepositor (other than the Form 10-K and the related Form 10-K Certification). To the extent any certifications pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended, or any similar certifications which may be required to be filed with any Form 8-K, the Depositor shall designate the appropriate party to sign such certification (which shall not be the Indenture Trustee). Such power of attorney shall continue until either the earlier of (i) receipt by the Master Servicer and the Securities Administrator Indenture Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities AdministratorIndenture 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 Depositor reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator Indenture Trustee shall have no responsibility to file any items other than those specified in this sectionSection 6.07.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Greenpoint Mortgage Funding Trust 2006-He1)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 200620[__], the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2005, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” ”) signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, grants to the Master Servicer and the Securities Administrator Indenture Trustee a limited power of attorney to execute and file each such document on behalf of the DepositorDepositor (other than the Form 10-K and the related Form 10-K Certification). To the extent any certifications pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended, or any similar certifications which may be required to be filed with any Form 8-K, the Depositor shall designate the appropriate party to sign such certification (which shall not be the Indenture Trustee). Such power of attorney shall continue until either the earlier of (i) receipt by the Master Servicer and the Securities Administrator Indenture Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities AdministratorIndenture 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 Depositor reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator Indenture Trustee shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Structured Asset Securities Corp)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 20062005, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 2005, and prior to March 31 in each succeeding year so long as a Form 15 Suspension Notification has not been filed for the prior calendar year, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act Act, as amended (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grantsgrants to the Indenture Trustee, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment Trust, Series 2004-5)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2006, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” ”) signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, grants to the Master Servicer and the Securities Administrator Indenture Trustee a limited power of attorney to execute and file each such document on behalf of the DepositorDepositor (other than the Form 10-K and the related Form 10-K Certification). To the extent any certifications pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended, or any similar certifications which may be required to be filed with any Form 8-K, the Depositor shall designate the appropriate party to sign such certification (which shall not be the Indenture Trustee). Such power of attorney shall continue until either the earlier of (i) receipt by the Master Servicer and the Securities Administrator Indenture Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities AdministratorIndenture 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 Depositor reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator Indenture Trustee shall have no responsibility to file any items other than those specified in this sectionSection 6.07.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 [15] days after each Payment Distribution Date, the Securities Administrator shall, in accordance with industry standards customary for securities similar to the Notes Certificates as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “CommissionSEC Rules”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 810-K D with (i) a copy of the statement to the Noteholders Certificateholders for such Payment Distribution Date as an exhibit theretothereto and (ii) such 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 Administrator in a format compatible with XXXXX filing requirements. Prior to January 30, 200620[ ], the Securities Administrator shall, in accordance with industry standards applicable to the NotesCertificates, file a Form 15 Suspension Notification with respect to the IssuerTrust Fund, if applicable. Prior to March 31, 2006 20[ ] and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesCertificates, with respect to the Issuer. Trust Fund.] The Form 10-K shall include (w) the certification required pursuant to Rule 13a-14 under the Exchange Act and any future guidance from the Commission (the “Form 10-K Certification,” which ”) signed by or on behalf of the Depositor, (x) the annual certifications delivered by the Trustee, the Securities Administrator, the Master Servicer, the Servicer (or the Subservicer on its behalf), any Subcontractor and the Custodian pursuant to this Agreement and the Subservicing Agreement, (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 Securities Administrator shall identify the material instance of noncompliance in such report in the Form 10-K; and in the event that the Securities Administrator is unable to include any report required by either clause (x) or (y) in the immediately preceding sentence in the Form 10-K, the Securities Administrator shall disclose such fact in the Form 10-K Certification shall be signed by together with an explanation as to why such report is not included as an exhibit to the Master Servicer). Form 10-K. The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the IssuerTrust Fund. The Depositor agrees to promptly furnish to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HMB Acceptance Corp.)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master 145322 HomeBanc 2005-2 Transfer and Servicing Agreement 119 Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Homebanc Corp)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with Transfer and Servicing Agreement 125 respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Administrator, from time to time upon request, in XXXXX format or in a format easily convertible to XXXXX, such further information, reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Depositor Securities Administrator reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Homebanc Corp)

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Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 20062005, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2005, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grantsgrants to the Indenture Trustee, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Asset Backed Sec Corp Fieldstone Mort Inv Tr Ser 2004-2)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the "Commission"), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2006, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the "Form 10-K Certification,” ") signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, grants to the Master Servicer and the Securities Administrator Indenture Trustee a limited power of attorney to execute and file each such document on behalf of the DepositorDepositor (other than the Form 10-K and the related Form 10-K Certification). To the extent any certifications pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended, or any similar certifications which may be required to be filed with any Form 8-K, the Depositor shall designate the appropriate party to sign such certification (which shall not be the Indenture Trustee). Such power of attorney shall continue until either the earlier of (i) receipt by the Master Servicer and the Securities Administrator Indenture Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities AdministratorIndenture 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 Depositor reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator Indenture Trustee shall have no responsibility to file any items other than those specified in this sectionSection 6.07.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He3)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 [15] days after each Payment Distribution Date, the Securities Administrator shall, in accordance with industry standards customary for securities similar to the Notes Certificates as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “CommissionSEC Rules”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 810-K D with (i) a copy of the statement to the Noteholders Certificateholders for such Payment Distribution Date as an exhibit theretothereto and (ii) such 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 Administrator in a format compatible with XXXXX filing requirements. Prior to January 30, 200620[ ], the Securities Administrator shall, in accordance with industry standards applicable to the NotesCertificates, file a Form 15 Suspension Notification with respect to the IssuerTrust Fund, if applicable. Prior to March 31, 2006 20[ ] and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesCertificates, with respect to the Issuer. Trust Fund.] The Form 10-K shall include (w) the certification required pursuant to Rule 13a-14 under the Exchange Act and any future guidance from the Commission (the “Form 10-K Certification,” which ”) signed by or on behalf of the Depositor, (x) the annual certifications delivered by the Trustee, the Securities Administrator, the Master Servicer, the Servicer[s] [(or the Subservicer on its behalf)], any Subcontractor and the Custodian pursuant to this Agreement and the Subservicing Agreement, (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 Securities Administrator shall identify the material instance of noncompliance in such report in the Form 10-K; and in the event that the Securities Administrator is unable to include any report required by either clause (x) or (y) in the immediately preceding sentence in the Form 10-K, the Securities Administrator shall disclose such fact in the Form 10-K Certification shall be signed by together with an explanation as to why such report is not included as an exhibit to the Master Servicer). Form 10-K. The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the IssuerTrust Fund. The Depositor agrees to promptly furnish to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (TBALT Corp.)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 20062004, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2004, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” ”) signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, grants to the Master Servicer and the Securities Administrator Indenture Trustee a limited power of attorney to execute and file each such document on behalf of the DepositorDepositor (other than the Form 10-K and the related Form 10-K Certification). To the extent any certifications pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended, or any similar certifications which may be required to be filed with any Form 8-K, the Depositor shall designate the appropriate party to sign such certification (which shall not be the Indenture Trustee). Such power of attorney shall continue until either the earlier of (i) receipt by the Master Servicer and the Securities Administrator Indenture Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities AdministratorIndenture 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 Depositor reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator Indenture Trustee shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Custodial Agreement (Sasco Mortgage Loan Trust Series 2003-Gel1)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 20062005, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2005, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” ”) signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, grants to the Master Servicer and the Securities Administrator Indenture Trustee a limited power of attorney to execute and file each such document on behalf of the DepositorDepositor (other than the Form 10-K and the related Form 10-K Certification). To the extent any certifications pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended, or any similar certifications which may be required to be filed with any Form 8-K, the Depositor shall designate the appropriate party to sign such certification (which shall not be the Indenture Trustee). Such power of attorney shall continue until either the earlier of (i) receipt by the Master Servicer and the Securities Administrator Indenture Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities AdministratorIndenture 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 Depositor reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator Indenture Trustee shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Lehman Abs Corp)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 20062005, the Securities Trust Administrator shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2005, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grantsgrants to the Indenture Trustee, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Merrill Lynch Mort Inv Fieldstone Mort Inv Tr Ser 2004-1)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 [15] days after each Payment Date, the Securities Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “CommissionSEC Rules”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 810-K D with (i) a copy of the statement to the Noteholders for such Payment Date as an exhibit theretothereto and (ii) such 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 Administrator in a format compatible with XXXXX filing requirements. Prior to January 30, 200620[ ], the Securities Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 20[ ] and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. .] The Form 10-K shall include (w) the certification required pursuant to Rule 13a-14 under the Exchange Act and any future guidance from the Commission (the “Form 10-K Certification,” which ”) signed by or on behalf of the Depositor, (x) the annual certifications delivered by the Indenture Trustee, the Securities Administrator, the Master Servicer, the Owner Trustee, the Servicer (or the Subservicer on its behalf), any Subcontractor and the Custodian pursuant to this Agreement, the Subservicing Agreement and the Trust Agreement, (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 Securities Administrator shall identify the material instance of noncompliance in such report in the Form 10-K; and in the event that the Securities Administrator is unable to include any report required by either clause (x) or (y) in the immediately preceding sentence in the Form 10-K, the Securities Administrator shall disclose such fact in the Form 10-K Certification shall be signed by together with an explanation as to why such report is not included as an exhibit to the Master Servicer). Form 10-K. The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (HMB Acceptance Corp.)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 Within 10 days after each Payment Date, the Securities Administrator Indenture Trustee shall, in accordance with industry standards customary for securities similar to the Notes Securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders Securityholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator Indenture Trustee shall, in accordance with industry standards applicable to the NotesSecurities, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year2006, the Securities Administrator Indenture Trustee shall file (and the Master Servicer but will not execute) a Form 10-K, in substance conforming to industry standards applicable to the NotesSecurities, with respect to the Issuer. The Form 10-K shall include the certification in the form set forth in Exhibit G required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification,” ”) signed by an appropriate party or parties designated by the Depositor (which Form 10-K Certification the Indenture Trustee shall not be signed by the Master Servicerrequired to sign). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the prepare such Form 10-K due to and provide the failure of Depositor with such party to timely sign the Form 10-K or not later than March 20th of each year in which a Form 10-K Certificationshall be filed. The Following its receipt thereof, the Depositor hereby grants, and in the case of the shall execute such Form 10-K Certificationand provide the original of such Form 10-K to the Indenture Trustee not later than March 25th (or, an Authorized Officer if the applicable March 25th is not a Business Day, the next succeeding Business Day) of each year; provided, however, that if the filing of such Form 10-K shall be required to occur on a date earlier than March 30th of each year as may be required by the Exchange Act and the Rules and Regulations of the Depositor will grantSecurities and Exchange Commission, then the time periods for preparation and execution of such Form 10-K set forth in this sentence shall be adjusted accordingly. Such Form 10-K when filed shall include as exhibits the Servicer’s annual statement of compliance described under Section 4.09 and the accountant’s report described under Section 4.10 in each case to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish extent they have been timely delivered to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this sectionIndenture Trustee.

Appears in 1 contract

Samples: Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He4)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the "Commission"), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 2006, and prior to March 31 in each succeeding year so long as a Form 15 Suspension Notification has not been filed for the prior calendar year, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act Act, as amended (the "Form 10-K Certification," which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, grants to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.. 139

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Trust Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Trust Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 2006, and prior to March 31 in each succeeding year so long as a Form 15 Suspension Notification has not been filed for the prior calendar year, the Securities Trust Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act Act, as amended (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Trust Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grantsgrants to the Indenture Trustee, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Trust Administrator 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 and the Securities Trust Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Trust Administrator, 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 Securities Trust Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Servicing Agreement (Fieldstone Mortgage Investment CORP)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Payment Date, the Securities Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “Commission”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXXEDGAR), a Form 8-K with a copy of the statement to the Noteholders for such Payment sucx Xxxment Date as an exhibit thereto. Prior to January 30, 2006, the Securities Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the “Form 10-K Certification,” which Form 10-K Certification shall be signed by the Master Servicer). The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Administrator, from time to time upon request, in EDGAR format or in a format easily convertible to EDGAR, such further informationinfoxxxxxon, reports, and financial statements within its control xxx xontrol related to this Agreement and the Mortgage Loans as the Depositor Securities Administrator reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Securities Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2005-4)

Preparation of Reports. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 [15] days after each Payment Date, the Securities Administrator shall, in accordance with industry standards customary for securities similar to the Notes as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission (the “CommissionSEC Rules”), file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 810-K D with (i) a copy of the statement to the Noteholders for such Payment Date as an exhibit theretothereto and (ii) such 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 Administrator in a format compatible with XXXXX filing requirements. Prior to January 30, 200620[ ], the Securities Administrator shall, in accordance with industry standards applicable to the Notes, file a Form 15 Suspension Notification with respect to the Issuer, if applicable. Prior to March 31, 2006 20[ ] and prior to March 31 in each succeeding year so long as a Form 15 has not been filed for the prior calendar year, the Securities Administrator shall file (and the Master Servicer will execute) a Form 10-K, in substance conforming to industry standards applicable to the Notes, with respect to the Issuer. .] The Form 10-K shall include (w) the certification required pursuant to Rule 13a-14 under the Exchange Act and any future guidance from the Commission (the “Form 10-K Certification,” which ”) signed by or on behalf of the Depositor, (x) the annual certifications delivered by the Indenture Trustee, the Securities Administrator, the Master Servicer, the Owner Trustee, the Servicer[s] [(or the Subservicer on its behalf)], any Subcontractor and the Custodian pursuant to this Agreement[, the Subservicing Agreement] and the Trust Agreement, (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 Securities Administrator shall identify the material instance of noncompliance in such report in the Form 10-K; and in the event that the Securities Administrator is unable to include any report required by either clause (x) or (y) in the immediately preceding sentence in the Form 10-K, the Securities Administrator shall disclose such fact in the Form 10-K Certification shall be signed by together with an explanation as to why such report is not included as an exhibit to the Master Servicer). Form 10-K. The Indenture Trustee and the Securities Administrator shall have no liability for any delay in filing the Form 10-K due to the failure of such party to timely sign the Form 10-K or Form 10-K Certification. The Depositor hereby grants, and in the case of the Form 10-K Certification, an Authorized Officer of the Depositor will grant, to the Master Servicer and the Securities Administrator 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 and the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Issuer. The Depositor agrees to promptly furnish to the Securities Administrator, 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 Securities Administrator shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (TBALT Corp.)

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