Common use of Report on Assessment of Compliance and Attestation Clause in Contracts

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.6; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.28.

Appears in 7 contracts

Samples: Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-3f), Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1)

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Report on Assessment of Compliance and Attestation. (a) With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company Servicer shall: (i) deliver to the Purchaser Owner and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Owner and such Depositor) regarding the CompanyServicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Owner and such Depositor and signed by an authorized officer of the Company Servicer, and shall address each of the Servicing Criteria specified set forth in an exhibit delivered by the Servicer at the time of a Securitization Transaction, which exhibit shall be substantially in the form of Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionC attached hereto; (ii) deliver to the Purchaser Owner and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Owner and such Depositor that attests to, and reports on, the assessment of compliance made by the Company Servicer and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company Servicer pursuant to Section 4.28(b4.26(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser Owner and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the PurchaserOwner, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. D. The Company Servicer acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company Servicer pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. . (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(i) shall address each of the Servicing Criteria specified substantially set forth in the form of Exhibit D hereto an exhibit delivered to the Purchaser concurrently with Owner at the execution time of this Agreement a Securitization Transaction or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment, which exhibit shall be substantially in the form of Exhibit C attached hereto. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company Servicer pursuant to Section 4.284.26.

Appears in 6 contracts

Samples: Flow Servicing Agreement (Citigroup Mortgage Loan Trust 2007-10), Flow Servicing Agreement (Citigroup Mortgage Loan Trust 2007-2), Flow Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar3)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I H hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.29(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. I. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.29.

Appears in 5 contracts

Samples: Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-2 Trust), Master Seller's Warranties and Servicing Agreement (Banc of America Funding Corp), Master Seller's Warranties and Servicing Agreement (Banc of America Funding Corp)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on On or before March 1 of each calendar year, commencing in 2007, the Company Servicer shall: (ia) deliver to the Purchaser Owner, any Master Servicer and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Owner, such Master Servicer and such Depositor) regarding the Company’s Servicer's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Owner, such Master Servicer and such Depositor and signed by an authorized officer of the Company Servicer and shall address each of the "Applicable Servicing Criteria" specified substantially on Exhibit H hereto (or those Servicing Criteria specified substantially otherwise mutually agreed to by the Owner and the Servicer in the form response to evolving interpretations of Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionRegulation AB; (iib) deliver to the Purchaser Owner, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Owner, such Master Servicer and such Depositor that attests to, and reports on, the assessment of the compliance made by the Company Servicer and delivered pursuant to the preceding .preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iiic) cause each Subservicer and each Subcontractor, determined by the Company Servicer pursuant to Section 4.28(b4.24(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser Owner, any Master Servicer and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (ivd) deliver, and cause each Subservicer and each Subcontractor described in clause (iii) to deliver to the PurchaserOwner, any Master Servicer, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. I. The Company Servicer acknowledges that the parties identified in clause (ivd) above may rely on the certification provided by the Company Servicer pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(a) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser Owner concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(c) need not address any elements of the Servicing Criteria other than those specified by the Company Servicer pursuant to Section 4.284.24.

Appears in 4 contracts

Samples: Servicing Agreement (Banc of America Funding 2007-2 Trust), Servicing Agreement (Banc of America Funding 2007-4 Trust), Servicing Agreement (Banc of America Funding 2006-8t2 Trust)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 5th of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Purchaser, such Master Servicer and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Purchaser, such Master Servicer and such Depositor and signed by an authorized officer of the Company Company, and shall address each of the "Applicable Servicing Criteria Criteria" specified substantially in the form of on Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionB hereto; (ii) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Purchaser, such Master Servicer and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b2.06(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to AB and deliver to the Purchaser Purchaser, any Master Servicer and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver deliver, and cause each Subservicer or Subcontractor described in clause (iii) to provide, to the Purchaser, any Master Servicer, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. A; provided that such certification delivered by the Company may not be filed as an exhibit to, or included in, any offering document or registration statement. The Company acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. . (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i2.05(a)(iii) shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit D B hereto delivered to the Purchaser concurrently with the execution of this Agreement Reg AB Addendum or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii2.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.282.06.

Appears in 4 contracts

Samples: Regulation Ab Compliance Addendum (Banc of America Funding 2006-3 Trust), Regulation Ab Compliance Addendum (Banc of America Funding 2006-2 Trust), Regulation Ab Compliance Addendum (Banc of America Funding 2006-4 Trust)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Purchaser, such Master Servicer and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Purchaser, such Master Servicer and such Depositor and signed by an authorized officer of the Company Company, and shall address each of the "Applicable Servicing Criteria Criteria" specified substantially in the form of on Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionB hereto; (ii) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Purchaser, such Master Servicer and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b2.06(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to AB and deliver to the Purchaser Purchaser, any Master Servicer and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver deliver, and cause each Subservicer and Subcontractor described in clause (iii) to provide, to the Purchaser, any Depositor Depositor, any Master Servicer and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. A. The Company acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Neither the Purchaser nor any Depositor will request delivery of a certification under clause (a)(iv) above unless a Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to an issuing entity whose asset pool includes Mortgage Loans. (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i2.05(a)(iii) shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit D B hereto delivered to the Purchaser concurrently with the execution of this Agreement Reg AB Addendum or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii2.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.282.06.

Appears in 3 contracts

Samples: Regulation Ab Compliance Addendum (Banc of America Funding 2006-I Trust), Flow Sale and Servicing Agreement (Luminent Mortgage Trust 2006-6), Regulation Ab Compliance Addendum (Banc of America Funding 2006-8t2 Trust)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, the Company shall, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I J hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.25(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer xssuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. E. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(iii) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D J hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.25.

Appears in 3 contracts

Samples: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006Transaction, on or before March 1 of each calendar year, commencing in 2007, the Company shall:: <PAGE> (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company Company, and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I H hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.25(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) if requested by the Purchaser or any Depositor not later than February 1 of the calendar year in which such certification is to be delivered, deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. I. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Neither the Purchaser nor any Depositor will request delivery of a certification under clause (iv) above unless a Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to an issuing entity whose asset pool includes Mortgage Loans. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with at the execution time of this Agreement any Securitization Transaction or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.28.4.25. <PAGE>

Appears in 2 contracts

Samples: Servicing Agreement, Servicing Agreement

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Purchaser, such Master Servicer and such Depositor) regarding the Company’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Purchaser, such Master Servicer and such Depositor and signed by an authorized officer of the Company Company, and shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit I J hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Purchaser, such Master Servicer and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b13.06(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser Purchaser, any Master Servicer and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver to the Purchaser, any Depositor Depositor, any Master Servicer and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. K. The Company acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Neither the Purchaser nor any Depositor will request delivery of a certification under clause (a)(iv) above unless a Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to an issuing entity whose asset pool includes Mortgage Loans. (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i13.05(a)(i) shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit D J hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii13.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.2813.06.

Appears in 2 contracts

Samples: Seller’s Purchase, Warranties and Servicing Agreement (CSMC Trust 2007-4), Seller’s Purchase, Warranties and Servicing Agreement (CSMC Mortgage Backed Trust Series 2007-1)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on On or before March 1 the 60th day following the end of each calendar yearfiscal year of the Trust and BA Credit Card Trust, commencing in 2007with the fiscal year ending December 31, 2015, the Company Trustee shall: (i) deliver to the Purchaser Transferor and any Depositor the Servicer a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the CompanyTrustee’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar yearfiscal year (or, with respect to the report delivered in 2016, for the period from and including July 1, 2015 through and including December 31, 2015), as required under Rules 13a-18 13a‑18 and 15d-18 15d‑18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Transferor and such Depositor the Servicer and signed by an authorized officer of the Company Trustee, and shall address each of the Servicing Criteria specified substantially in Exhibit E hereto or such criteria as mutually agreed upon by the form of Exhibit I hereto delivered to Transferor and the Purchaser at the time of any Securitization TransactionTrustee; (ii) deliver to the Purchaser Transferor and any Depositor the Servicer a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor Transferor that attests to, and reports on, the assessment of compliance made by the Company Trustee and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(31‑02(a)(3) and 2-02(g2‑02(g) of Regulation S-X S‑X under the Securities Act and the Exchange Act;; and (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.6; and (iv) deliver to Transferor, the Purchaser, any Depositor Servicer and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d13a‑14(d) and 15d-14(d15d‑14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Sarbanes‑Oxley Act of 2002) on behalf of an asset-backed issuer the Trust, BA Credit Card Trust or the Transferor with respect to a Securitization Transaction a certification certification, signed by any Vice President or more senior officer of the Trustee, substantially in the form attached hereto as Exhibit J. D or such form as mutually agreed upon by the Transferor and the Trustee. The Company Trustee acknowledges that the parties identified in clause (iviii) above may rely on the certification provided by the Company Trustee pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.28.

Appears in 2 contracts

Samples: Fifth Amended and Restated Series 2001 D Supplement (BA Credit Card Trust), Fifth Amended and Restated Series 2001 D Supplement (BA Master Credit Card Trust II)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, the Company shall, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I J hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.25(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with bacxxx xxxxxx xxxh respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. E. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(iii) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D J hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.25.

Appears in 2 contracts

Samples: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-11), Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006(a) The Company shall use its best efforts to, on or before March 1 5th, but in no event later than March 15th, of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Purchaser, such Master Servicer and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Purchaser, such Master Servicer and such Depositor and signed by an authorized officer of the Company Company, and shall address each of the "Applicable Servicing Criteria Criteria" specified substantially in the form of on Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionB hereto; (ii) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Purchaser, such Master Servicer and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b2.06(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB to deliver to the Purchaser Purchaser, any Master Servicer and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver deliver, and cause each Subservicer and Subcontractor described in clause (iii) to provide, to the Purchaser, any Depositor Depositor, any Master Servicer and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with issxxx xxxx respect to a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. A. The Company acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Neither the Purchaser nor any Depositor will request delivery of a certification under clause (a)(iv) above unless a Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to an issuing entity whose asset pool includes Mortgage Loans. (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i2.05(a)(iii) shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit D B hereto delivered to the Purchaser concurrently with the execution of this Agreement Reg AB Addendum or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii2.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.282.06.

Appears in 2 contracts

Samples: Regulation Ab Compliance Addendum (Banc of America Funding 2007-3 Trust), Regulation Ab Compliance Addendum (Banc of America Funding 2007-4 Trust)

Report on Assessment of Compliance and Attestation. (a) With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company Servicer shall: (i) deliver to the Purchaser Owner and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Owner and such Depositor) regarding the CompanyServicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Owner and such Depositor and signed by an authorized officer of the Company Servicer, and shall address each of the Servicing Criteria specified set forth in an exhibit delivered by the Servicer at the time of a Securitization Transaction, which exhibit shall be substantially in the form of Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionC attached hereto; (ii) deliver to the Purchaser Owner and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Owner and such Depositor that attests to, and reports on, the assessment of compliance made by the Company Servicer and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company Servicer pursuant to Section 4.28(b4.26(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser Owner and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the PurchaserOwner, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. D. The Company Servicer acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company Servicer pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. . (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(i) shall address each of the Servicing Criteria specified substantially set forth in the form of Exhibit D hereto an exhibit delivered to the Purchaser concurrently with Owner at the execution time of this Agreement a Securitization Transaction or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment, which exhibit shall be substantially in the form of Exhibit C attached hereto. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company Servicer pursuant to Section 4.284.26.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Bear Stearns ARM Trust 2007-2), Flow Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar9)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, the Company shall, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I J hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.25(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with backxx xxxxxx xxxx respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. E. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(iii) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D J hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.25.

Appears in 2 contracts

Samples: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, the Company shall, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I J hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.25(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with baxxxx xxxxxx xxth respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. E. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(iii) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D J hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.25.

Appears in 2 contracts

Samples: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 of each calendar year, commencing in 20072008, the Company Servicer shall: (i) deliver to the Purchaser Master Servicer and any the Depositor a report (in form and substance reasonably satisfactory to the Purchaser Master Servicer and such the Depositor) regarding the Company’s Servicer's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Master Servicer and such the Depositor and signed by an authorized officer of the Company Servicer, and shall address each of the "Applicable Servicing Criteria Criteria" specified substantially in on Exhibit D hereto. Solely for the form purpose of Section 1122(d)(3)(iii) of Exhibit I hereto delivered to D, the Purchaser at term "investor" shall mean the time of any Securitization TransactionMaster Servicer; (ii) deliver to the Purchaser Master Servicer and any the Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Master Servicer and such the Depositor that attests to, and reports on, the assessment of compliance made by the Company Servicer and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-1 02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Sub-Servicer, and each Subcontractor, Subcontractor determined by the Company Servicer pursuant to Section 4.28(b8.06(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to if any, and deliver to the Purchaser Master Servicer and any the Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver deliver, and cause each Sub-Servicer and Subcontractor described in clause (iii), if any, to provide, to the PurchaserDepositor, any Depositor the Master Servicer and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with respect isxxxx xxxx xxxxect to the securitization transaction a Securitization Transaction a certification certification, signed by the appropriate officer of the Servicer, in the form attached hereto as Exhibit J. B. The Company Servicer acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company Servicer pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. . (b) Each assessment of compliance provided by a Subservicer Sub-Servicer pursuant to Section 6.6(i8.05(a)(i) shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit D hereto delivered to the Purchaser Master Servicer concurrently with the execution of this Agreement or, in the case of a Subservicer Sub-Servicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii8.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company Servicer pursuant to Section 4.288.06.

Appears in 2 contracts

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

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 1st of each calendar year, commencing in 2007, the Company Servicer shall: (i) deliver to the Purchaser Master Servicer and any the Depositor a report (in form and substance reasonably satisfactory to the Purchaser Master Servicer and such the Depositor) regarding the CompanyServicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Master Servicer and such the Depositor and signed by an authorized officer of the Company Servicer, and shall address each all of the Servicing Criteria specified substantially in the form of Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionH; (ii) deliver to the Purchaser Master Servicer and any the Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Master Servicer and such the Depositor that attests to, and reports on, the assessment of compliance made by the Company Servicer and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act of 1933, as amended (the “Securities Act”) and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company Servicer pursuant to Section 4.28(b7.04(c) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser Master Servicer and any the Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver and cause each Subservicer and Subcontractor described in clause (iii) to provide, to the PurchaserMaster Servicer, any the Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 20022002 (“Xxxxxxxx-Xxxxx”)) on behalf of an asset-backed issuer the Trust Fund with respect to the transaction relating to this Agreement a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. F. The Company Servicer acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company Servicer pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each Neither the Master Servicer nor the Depositor will request delivery of a certification under clause (a)(iv) above unless a Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the Trust Fund. (b) In the case of a Subservicer appointed subsequent to this Agreement, each assessment of compliance provided by a such Subservicer pursuant to Section 6.6(i5.05(a)(i) shall address each all of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii5.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company Servicer pursuant to Section 4.287.04.

Appears in 1 contract

Samples: Securitization Subservicing Agreement (Sail 2006-3)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and Owner, any Master Servicer or any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Owner, such Master Servicer and such Depositor) regarding the CompanyServicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Owner, such Master Servicer and such Depositor and signed by an authorized officer of the Company Servicer and shall address each of the “Applicable Servicing Criteria specified substantially in the form of on Exhibit I H hereto delivered to the Purchaser Owner at the time of any Securitization Transaction; (ii) deliver to the Purchaser Owner, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Owner, such Master Servicer and such Depositor that attests to, and reports on, the assessment of the compliance made by the Company Servicer and delivered pursuant to the preceding .preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g202(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company Servicer pursuant to Section 4.28(b4.24(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser Owner, any Master Servicer and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the PurchaserOwner, any Master Servicer, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. I. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser Owner concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company Servicer pursuant to Section 4.284.24.

Appears in 1 contract

Samples: Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor Master Servicer a report (in form and substance reasonably satisfactory to the Purchaser and such DepositorMaster Servicer) regarding the Company’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor Master Servicer and signed by an authorized officer of the Company Company, and shall address each of the “Applicable Servicing Criteria” specified on Exhibit G hereto (or those servicing Criteria specified substantially in the form of Exhibit I hereto delivered otherwise mutually ageed to by the Purchaser at and the time Company and any Person that will be responsible for signing any Sarbanes Certification with respect to a Securitization Transaction in response to evolving interpretations of any Securitization TransactionRegulation AB); (ii) deliver to the Purchaser and any Depositor Master Servicer a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor Master Servicer that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b4.26(ii) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to AB and deliver to the Purchaser and any Depositor Master Servicer an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver deliver, and cause each Subservicer and Subcontractor described in clause (iii) to deliver, to the Purchaser, any Depositor Master Servicer and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. H. The Company acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. . (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(a)(i) shall address each of the Applicable Servicing Criteria specified on a certification substantially in the form of Exhibit D G hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.28Criteria.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (MASTR Asset Backed Securities Trust 2006-Ab1)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 15 of each calendar year, year when the Depositor is required to file reports under the Exchange Act with respect to the related Securitization Transaction commencing in 2007, the Company shall: (i) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Purchaser, such Master Servicer and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company Company, and shall address each of the "Applicable Servicing Criteria Criteria" specified substantially in the form of on Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionB hereto; (ii) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Purchaser, such Master Servicer and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; ; (iii) cause each Subservicer and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b2.06(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB to deliver to the Purchaser Purchaser, any Master Servicer and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.28.

Appears in 1 contract

Samples: Reconstitution Agreement (HarborView 2007-7)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I H hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.29(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. I. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(iii) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.29.

Appears in 1 contract

Samples: Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-1)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor Master Servicer a report (in form and substance reasonably satisfactory to the Purchaser and such DepositorMaster Servicer) regarding the Company’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor Master Servicer and signed by an authorized officer of the Company Company, and shall address each of the “Applicable Servicing Criteria” specified on Exhibit G hereto (or xxxx servicing Criteria specified substantially in the form of Exhibit I hereto delivered otherwise mutually ageed to by the Purchaser at and the time Company and any Person that will be responsible for signing any Sarbanes Certification with respect to a Securitization Transaction in response to evolving interpretations of any Securitization TransactionRegulation AB); (ii) deliver to the Purchaser and any Depositor Master Servicer a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor Master Servicer that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b4.26(ii) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to AB and deliver to the Purchaser and any Depositor Master Servicer an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver deliver, and cause each Subservicer and Subcontractor described in clause (iii) to deliver, to the Purchaser, any Depositor Master Servicer and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. H. The Company acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. . (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(a)(i) shall address each of the Applicable Servicing Criteria specified on a certification substantially in the form of Exhibit D G hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.28Criteria.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (MASTR Alternative Loan Trust 2006-1)

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Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 5th of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Purchaser, such Master Servicer and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Purchaser, such Master Servicer and such Depositor and signed by an authorized officer of the Company Company, and shall address each of the "Applicable Servicing Criteria Criteria" specified substantially in the form of on Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionB hereto; (ii) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Purchaser, such Master Servicer and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b2.06(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to AB and deliver to the Purchaser Purchaser, any Master Servicer and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver deliver, and cause each Subservicer or Subcontractor described in clause (iii) to provide, to the Purchaser, any Master Servicer, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with respect wixx xxxxxct to a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. A; provided that such certification delivered by the Company may not be filed as an exhibit to, or included in, any offering document or registration statement. The Company acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. . (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i2.05(a)(iii) shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit D B hereto delivered to the Purchaser concurrently with the execution of this Agreement Reg AB Addendum or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii2.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.282.06.

Appears in 1 contract

Samples: Regulation Ab Compliance Addendum (Banc of America Funding 2007-2 Trust)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 1st of each calendar year, commencing in 20072008, the Company Servicer shall: (i) deliver to the Purchaser Master Servicer, the Depositor and any Depositor the Securities Administrator a report (in form and substance reasonably satisfactory to the Purchaser Master Servicer and such the Depositor) regarding the CompanyServicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Master Servicer and such the Depositor and signed by an authorized officer of the Company Servicer, and shall address each all of the Servicing Criteria specified substantially in the form of Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionH; (ii) deliver to the Purchaser Master Servicer, the Depositor and any Depositor the Securities Administrator a report of a registered public accounting firm reasonably acceptable to the Purchaser Master Servicer and such the Depositor that attests to, and reports on, the assessment of compliance made by the Company Servicer and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act of 1933, as amended (the “Securities Act”) and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company Servicer pursuant to Section 4.28(b7.04(c) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser Master Servicer, the Depositor and any Depositor the Securities Administartor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) if requested by the Master Servicer, the Depositor or the Securities Administrator not later than February 28th of the calendar year in which such certification is to be delivered, deliver to the PurchaserMaster Servicer, any Depositor the Depositor, the Securities Administrator and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 20022002 (“Xxxxxxxx-Xxxxx”)) on behalf of an asset-backed issuer the Trust Fund with respect to a Securitization Transaction the transaction relating to this Agreement a certification in the form attached hereto as Exhibit J. F. The Company Servicer acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company Servicer pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each Neither the Master Servicer nor the Depositor will request delivery of a certification under clause (a)(iv) above unless a Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the Trust Fund. (b) In the case of a Subservicer appointed subsequent to this Agreement, each assessment of compliance provided by a such Subservicer pursuant to Section 6.6(i5.05(a)(i) shall address each all of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii5.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company Servicer pursuant to Section 4.287.04.

Appears in 1 contract

Samples: Securitization Subservicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc3)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor Master Servicer a report (in form and substance reasonably satisfactory to the Purchaser and such DepositorMaster Servicer) regarding the Company’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor Master Servicer and signed by an authorized officer of the Company Company, and shall address each of the “Applicable Servicing Criteria” specified on Exhibit G hereto (or those servicing Criteria specified substantially in the form of Exhibit I hereto delivered otherwise mutually agreed to by the Purchaser at and the time Company and any Person that will be responsible for signing any Sarbanes Certification with respect to a Securitization Transaction in response to evolving interpretations of any Securitization TransactionRegulation AB); (ii) deliver to the Purchaser and any Depositor Master Servicer a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor Master Servicer that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b4.26(ii) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to AB and deliver to the Purchaser and any Depositor Master Servicer an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver deliver, and cause each Subservicer and Subcontractor described in clause (iii) to deliver, to the Purchaser, any Depositor Master Servicer and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. H. The Company acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. . (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(a)(i) shall address each of the Applicable Servicing Criteria specified on a certification substantially in the form of Exhibit D G hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(a)(iii) need not address any elements of the Servicing Criteria other than those specified by Criteria. (xiii) Section 6.07 of the Company pursuant to Section 4.28.Servicing Agreement is hereby deleted in its entirety and replaced with the following:

Appears in 1 contract

Samples: Servicing Agreement (MASTR Asset Securitization Trust 2006-2)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I H hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.29(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with respect xxxx xxspect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. I. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(iii) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.29.

Appears in 1 contract

Samples: Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-22)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I H hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.29(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarxxxxx-Xxxxx Act Xxt of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. I. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.29.

Appears in 1 contract

Samples: Master Seller’s Warranties and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, the Company shall, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I J hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.25(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with backex xxxxxx xxxx respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. E. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(iii) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D J hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.25.

Appears in 1 contract

Samples: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, the Company shall, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I J hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.25(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with bxxxxx xxxxxx xith respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. E. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(iii) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D J hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.25.

Appears in 1 contract

Samples: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-2)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I H hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.29(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. I. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.29.

Appears in 1 contract

Samples: Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-2f)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Purchaser, such Master Servicer and such Depositor) regarding the Company’s 's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Purchaser, such Master Servicer and such Depositor and signed by an authorized officer of the Company Company, and shall address each of the "Applicable Servicing Criteria Criteria" specified substantially in the form of on Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionB hereto; (ii) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Purchaser, such Master Servicer and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company pursuant to Section 4.28(b2.06(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to AB and deliver to the Purchaser Purchaser, any Master Servicer and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver deliver, and cause each Subservicer and Subcontractor described in clause (iii) to provide, to the Purchaser, any Depositor Depositor, any Master Servicer and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification certification, signed by the appropriate officer of the Company, in the form attached hereto as Exhibit J. A. The Company acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Neither the Purchaser nor any Depositor will request delivery of a certification under clause (a)(iv) above unless a Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to an issuing entity whose asset pool includes Mortgage Loans. (a) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i2.05(a)(iii) shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit D B hereto delivered to the Purchaser concurrently with the execution of this Agreement Reg AB Addendum or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii2.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.282.06.

Appears in 1 contract

Samples: Flow Sale and Servicing Agreement (Banc of America Funding 2006-D Trust)

Report on Assessment of Compliance and Attestation. With respect to (a) In connection with any Mortgage Loans that are the subject of a Public Securitization Transaction occurring on or after January 1, 2006Transaction, on or before March 1 15 of each calendar year, commencing in 2007, the Company Servicer shall: (i) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Purchaser, such Master Servicer and such Depositor) regarding the Company’s Servicer's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Purchaser, such Master Servicer and such Depositor and signed by an authorized officer of the Company Servicer, and shall address each of the "Applicable Servicing Criteria Criteria" specified substantially in the form of on Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionB hereto; (ii) deliver to the Purchaser Purchaser, any Master Servicer and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Purchaser, such Master Servicer and such Depositor that attests to, and reports on, the assessment of compliance made by the Company Servicer and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company Servicer pursuant to Section 4.28(b2.06(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to AB and deliver to the Purchaser Purchaser, any Master Servicer and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.28.

Appears in 1 contract

Samples: Flow Servicing Agreement (Luminent Mortgage Trust 2006-7)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on (a) On or before March 1 1st of each calendar year, commencing in 2007, the Company Servicer shall: (i) deliver to the Purchaser Master Servicer and any the Depositor a report (in form and substance reasonably satisfactory to the Purchaser Master Servicer and such the Depositor) regarding the CompanyServicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Master Servicer and such the Depositor and signed by an authorized officer of the Company Servicer, and shall address each all of the Servicing Criteria specified substantially in the form of Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionH; (ii) deliver to the Purchaser Master Servicer and any the Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Master Servicer and such the Depositor that attests to, and reports on, the assessment of compliance made by the Company Servicer and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act of 1933, as amended (the “Securities Act”) and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company Servicer pursuant to Section 4.28(b7.04(c) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser Master Servicer and any the Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (ia) and (iib) of this Section 6.6Section; and (iv) not later than February 28th of the calendar year in which such certification is to be delivered, deliver to the PurchaserMaster Servicer, any the Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarxxxxx-Xxxxx Act Xxt of 20022002 (“Sarxxxxx-Xxxxx”)) on behalf of an asset-backed issuer the Trust Fund with respect to a Securitization Transaction the transaction relating to this Agreement a certification in the form attached hereto as Exhibit J. F. The Company Servicer acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company Servicer pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each Neither the Master Servicer nor the Depositor will request delivery of a certification under clause (a)(iv) above unless a Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the Trust Fund. (b) In the case of a Subservicer appointed subsequent to this Agreement, each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i5.05(a)(i) shall address each all of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii5.05(a)(iii) need not address any elements of the Servicing Criteria other than those specified by the Company Servicer pursuant to Section 4.287.04.

Appears in 1 contract

Samples: Securitization Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-4)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I H hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.29(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. I. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(i) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.29.

Appears in 1 contract

Samples: Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-3f)

Report on Assessment of Compliance and Attestation. (a) With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company Servicer shall: (i) deliver to the Purchaser Owner and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser Owner and such Depositor) regarding the Company’s Servicer's assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser Owner and such Depositor and signed by an authorized officer of the Company Servicer, and shall address each of the Servicing Criteria specified set forth in an exhibit delivered by the Servicer at the time of a Securitization Transaction, which exhibit shall be substantially in the form of Exhibit I hereto delivered to the Purchaser at the time of any Securitization TransactionC attached hereto; (ii) deliver to the Purchaser Owner and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser Owner and such Depositor that attests to, and reports on, the assessment of compliance made by the Company Servicer and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer Subservicer, and each Subcontractor, Subcontractor determined by the Company Servicer pursuant to Section 4.28(b4.26(b) to be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser Owner and any Depositor an assessment of compliance and accountants' attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the PurchaserOwner, any Depositor and any other Person that will be responsible for signing the certification (a "Sarbanes Certification") required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002) on behalf of an asset-backed issuer with bacxxx xxxxxx xxxh respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. D. The Company Servicer acknowledges that the parties identified in clause (iva)(iv) above may rely on the certification provided by the Company Servicer pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. . (b) Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(i) shall address each of the Servicing Criteria specified substantially set forth in the form of Exhibit D hereto an exhibit delivered to the Purchaser concurrently with Owner at the execution time of this Agreement a Securitization Transaction or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment, which exhibit shall be substantially in the form of Exhibit C attached hereto. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company Servicer pursuant to Section 4.284.26.

Appears in 1 contract

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2006-5)

Report on Assessment of Compliance and Attestation. With respect to any Mortgage Loans that are the subject of a Securitization Transaction occurring on or after January 1, 2006, on or before March 1 of each calendar year, commencing in 2007, the Company shall: (i) deliver to the Purchaser and any Depositor a report (in form and substance reasonably satisfactory to the Purchaser and such Depositor) regarding the Company’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company and shall address each of the Servicing Criteria specified substantially in the form of Exhibit I H hereto delivered to the Purchaser at the time of any Securitization Transaction; (ii) deliver to the Purchaser and any Depositor a report of a registered public accounting firm reasonably acceptable to the Purchaser and such Depositor that attests to, and reports on, the assessment of compliance made by the Company and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor, determined by the Company pursuant to Section 4.28(b4.29(b) to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Purchaser and any Depositor an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section 6.66.06; and (iv) deliver to the Purchaser, any Depositor and any other Person that will be responsible for signing the certification (a “Sarbanes Certification”) required by Rules 13a-14(d) and 15d-14(d) under the Exchange Act (pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002) on behalf of an asset-backed issuer with respect to a Securitization Transaction a certification in the form attached hereto as Exhibit J. I. The Company acknowledges that the parties identified in clause (iv) above may rely on the certification provided by the Company pursuant to such clause in signing a Sarbanes Certification and filing such with the Commission. Each assessment of compliance provided by a Subservicer pursuant to Section 6.6(i6.06(iii) shall address each of the Servicing Criteria specified substantially in the form of Exhibit D H hereto delivered to the Purchaser concurrently with the execution of this Agreement or, in the case of a Subservicer subsequently appointed as such, on or prior to the date of such appointment. An assessment of compliance provided by a Subcontractor pursuant to Section 6.6(iii6.06(iii) need not address any elements of the Servicing Criteria other than those specified by the Company pursuant to Section 4.284.29.

Appears in 1 contract

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

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