Reporting Requirements of the Commission. (a) On or before March 1 of each calendar year, the Indenture Trustee shall deliver to the Master Servicer, each Servicer, each Subservicer (if any) and the Depositor a report regarding its assessment of compliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§ 229.1122(d)), as of and for the period ending the end of each fiscal year, with respect to asset-backed security transactions taken as a whole involving the Indenture Trustee, and that are backed by the same asset type as the Mortgage Loans. Each such report shall include all of the statements required under paragraph (a) of Item 1122 of Regulation AB (§ 229.1122(a)). (b) On or before March 1 of each calendar year, the Indenture Trustee shall deliver to the Master Servicer, each Servicer, each Subservicer (if any) and the Depositor a report by a registered public accounting firm that attests to, and reports on, the assessment made by the Indenture Trustee pursuant to subsection (a) above. Each such report shall be made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board. (c) The Indenture Trustee shall notify the Master Servicer, the Servicer, the Subservicer (if any) and the Depositor (i) of any legal proceedings pending against the Administrator of the type described in Item 1117 (§ 229.1117) of Regulation AB and (ii) if the Administrator shall become (but only to the extent not previously disclosed) at any time an affiliate of any of the Issuer, the Owner Trustee, the Indenture Trustee, the Master Servicer, the Servicer, any Originator contemplated by Item 1110 (§ 229.1110) of Regulation AB, any significant obligor contemplated by Item 1112 (§ 229.1112) of Regulation AB, any enhancement or support provider contemplated by Items 1114 or 1115 (§§ 229.1114-1115) of Regulation AB or any other material party to the Trust contemplated by Item 1100(d)(1) (§ 229.1100(d)(1)) of Regulation AB, as applicable.
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (Bayview Financial Securities Co LLC), Transfer and Servicing Agreement (BLG Securities Company, LLC), Transfer and Servicing Agreement (Bayview Financial Securities Co LLC)
Reporting Requirements of the Commission. (a) On or before March 1 15 of each calendar year (or March 24 if there is no requirement to file a Form 10-K in that calendar year), the Indenture Trustee shall deliver to the Master ServicerOwner Trustee, each Servicer, each Subservicer (if any) the Administrator and the Depositor a report regarding its assessment of compliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§ 229.1122(d)), as of and for the period ending the end of each fiscal year, with respect to asset-backed security transactions taken as a whole involving the Indenture TrusteeDepositor, the Servicer, the Master Servicer and the Issuer, as applicable, and that are backed by the same asset type as the Mortgage Loans. Each such report shall include all of the statements required to be provided by the Indenture Trustee under paragraph (a) of Item 1122 of Regulation AB (§ 229.1122(a))) as set forth in Exhibit C hereto.
(b) On or before March 1 15 of each calendar year (or March 24 if there is no requirement to file a Form 10-K in that calendar year), the Indenture Trustee shall deliver to the Master ServicerOwner Trustee, each Servicer, each Subservicer (if any) the Administrator and the Depositor a report by a registered public accounting firm that attests to, and reports on, the assessment made by the Indenture Trustee pursuant to subsection (a) above. Each such report shall be made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board.
(c) The Indenture Trustee shall promptly notify the Master ServicerOwner Trustee, the Servicer, the Subservicer (if any) Administrator and the Depositor (i) of any legal proceedings pending against the Administrator Indenture Trustee of the type described in Item 1117 (§ 229.1117) of Regulation AB AB.
(d) In order to comply with laws, rules, regulations and (ii) if the Administrator shall become (but only executive orders in effect from time to time applicable to banking institutions, including those relating to the extent not previously disclosed) at any time an affiliate funding of any of the Issuer, the Owner Trusteeterrorist activities and money laundering (“Applicable Law”), the Indenture Trustee is required to obtain, verify and record certain information relating to individuals and entities which maintain a business relationship with the Indenture Trustee. Accordingly, each of the Master Servicer, parties agrees to provide to Indenture Trustee upon its request from time to time such identifying information and documentation as may be available for such party in order to enable the Servicer, any Originator contemplated by Item 1110 (§ 229.1110) of Regulation AB, any significant obligor contemplated by Item 1112 (§ 229.1112) of Regulation AB, any enhancement or support provider contemplated by Items 1114 or 1115 (§§ 229.1114-1115) of Regulation AB or any other material party Indenture Trustee to the Trust contemplated by Item 1100(d)(1) (§ 229.1100(d)(1)) of Regulation AB, as applicablecomply with Applicable Law.
Appears in 2 contracts
Samples: Indenture (Sast 2006-3), Indenture (Saxon Asset Securities Trust 2006-1)
Reporting Requirements of the Commission. (a) On or before March 1 of each calendar year, the Indenture Trustee Administrator shall deliver to the Master ServicerOwner Trustee, each Servicer, each Subservicer (if any) the Indenture Trustee and the Depositor a report regarding its assessment of compliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§ 229.1122(d)), as of and for the period ending the end of each fiscal year, with respect to asset-backed security transactions taken as a whole involving the Sponsor, the Depositor, any Servicer, the Master Servicer, the Issuer and the Indenture Trustee, as applicable, and that are backed by the same asset type as the Mortgage Loans. Each such report shall include all of the statements required to be provided by the Administrator under paragraph (a) of Item 1122 of Regulation AB (§ 229.1122(a)).
(b) On or before March 1 of each calendar year, the Indenture Trustee Administrator shall deliver to the Master ServicerOwner Trustee, each Servicer, each Subservicer (if any) the Indenture Trustee and the Depositor a report by a registered public accounting firm that attests to, and reports on, the assessment made by the Indenture Trustee Administrator pursuant to subsection (a) above. Each such report shall be made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board.
(c) [The Indenture Trustee Administrator shall notify the Master ServicerOwner Trustee, the Servicer, the Subservicer (if any) Indenture Trustee and the Depositor (i) of any legal proceedings pending against the Administrator of the type described in Item 1117 (§ 229.1117) of Regulation AB and (ii) if the Administrator shall become (but only to the extent not previously disclosed) at any time an affiliate of any of the Sponsor, the Issuer, the Owner Trustee, the Indenture Trustee, the Master Servicer, the Servicer, any Originator contemplated by Item 1110 (§ 229.1110) of Regulation AB, any significant obligor contemplated by Item 1112 (§ 229.1112) of Regulation AB, any enhancement or support provider contemplated by Items 1114 or 1115 (§§ 229.1114-1115) of Regulation AB or any other material party to the Trust contemplated by Item 1100(d)(1) (§ 229.1100(d)(1)) of Regulation AB, as applicable.]
Appears in 2 contracts
Samples: Administration Agreement (Bayview Financial Securities Co LLC), Administration Agreement (BLG Securities Company, LLC)
Reporting Requirements of the Commission. (a) On or before March 1 of each calendar year, the Indenture Securities Administrator and the Trustee shall each deliver to the Master Servicer, each Servicer, each Subservicer (if any) Servicer and the Depositor (and in the case of the Trustee, to the Securities Administrator) a report regarding its assessment of compliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§ 229.1122(d)), as of and for the period ending the end of each fiscal year, with respect to asset-backed security transactions taken as a whole involving the Indenture Securities Administrator and the Trustee, as applicable, and that are backed by the same asset type as the Mortgage Loans. Each such report shall include all of the statements required under paragraph (a) of Item 1122 of Regulation AB (§ 229.1122(a)).
(b) On or before March 1 of each calendar year, the Indenture Securities Administrator and the Trustee shall each deliver to the Master Servicer, each Servicer, each Subservicer (if any) Servicer and the Depositor (and in the case of the Trustee, to the Securities Administrator) a report by a registered public accounting firm that attests to, and reports on, the assessment made by the Indenture Trustee such asserting party pursuant to subsection (a) above. Each such report shall be made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board.
(c) The Indenture Securities Administrator and the Trustee shall each notify the Master Servicer, the Servicer, the Subservicer (if any) Servicer and the Depositor (and in the case of the Trustee, shall additionally notify the Securities Administrator) (i) of any legal proceedings pending against the Securities Administrator or the Trustee, as applicable, of the type described in Item 1117 (§ 229.1117) of Regulation AB and (ii) if the Securities Administrator or the Trustee, as applicable, shall become (but only to the extent not previously disclosed) at any time an affiliate of any of the IssuerSponsor, the Owner Trustee, the Indenture Trustee, the Master Servicer, any Servicer, the ServicerSecurities Administrator, any Originator contemplated by Item 1110 (§ 229.1110) of Regulation AB, any significant obligor contemplated by Item 1112 (§ 229.1112) of Regulation AB, any enhancement or support provider contemplated by Items 1114 or 1115 (§§ 229.1114-1115) of Regulation AB or any other material party to the Trust Fund contemplated by Item 1100(d)(1) (§ 229.1100(d)(1)) of Regulation AB, as applicable.
(d) The Trustee, the Master Servicer and the Securities Administrator shall reasonably cooperate with the Depositor and its counsel to enter into such amendments or modifications to the Agreement as may be necessary to comply with the Rules and any interpretation thereof by the staff of the Commission, subject to the provisions of Section 11.03 hereof
Appears in 1 contract
Reporting Requirements of the Commission. (a) On or before March 1 of each calendar year, the Indenture The Trustee shall deliver by March 15 of each year and also on or prior to the Closing Date, to the Master Servicer, each Servicer, each Subservicer (if any) Servicer and the Depositor an officer's certificate and a report regarding its assessment of compliance with the servicing criteria specified in paragraph Servicing Criteria (d) an "Assessment of Item 1122 of Regulation AB (§ 229.1122(d)Compliance"), as of and for the period ending the end of each fiscal year, with respect to asset-backed security transactions taken as a whole involving the Indenture Trustee, as applicable, and that are backed by the same asset type as the Mortgage Loans. Each such report shall include all of the statements required under paragraph (a) of Item 1122 of Regulation AB (§ ss. 229.1122(a)), which assessment shall be substantially in the form of Exhibit Q attached hereto and cover, at a minimum, the matters indicated as obligations with respect to the Trustee on Exhibit R attached hereto.
(b) On or before March 1 of each calendar year, the Indenture The Trustee shall deliver by March 15 of each year to the Master Servicer, each Servicer, each Subservicer (if any) Servicer and the Depositor a report by a registered public accounting firm that attests to, and reports on, the assessment made by the Indenture Trustee such asserting party pursuant to subsection (a) aboveabove (such report, an "Accountant's Attestation"). Each such report shall be made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board.
(c) The Indenture Paying Agent and the Trustee shall each notify the Master Servicer, the Servicer, the Subservicer (if any) Servicer and the Depositor within five (5) calendar days of knowledge thereof (i) of any legal proceedings pending against the Administrator Paying Agent or the Trustee of the type described in Item 1117 (§ ss. 229.1117) of Regulation AB and AB, (ii) of any merger, consolidation or sale of substantially all of the assets of the Paying Agent or the Trustee and (iii) if the Administrator Paying Agent or the Trustee shall become (but only to the extent not previously disclosed) at any time an affiliate of any the parties listed on Exhibit S hereto. On or before March 1st of each year, the Depositor shall distribute the information on Exhibit S to the Trustee.
(d) The Trustee agrees to indemnify and hold harmless the Depositor and the Master Servicer and each Person, if any, who "controls" the Depositor or the Master Servicer within the meaning of the IssuerSecurities Act and its officers, directors and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses that such Person may sustain arising out of third party claims based on the Owner failure of the Trustee to deliver when required any Assessment of Compliance required of it pursuant to Section 6.21(a) or any material misstatement or omission contained in any Assessment of Compliance. This indemnity shall survive the termination of this Agreement or the earlier resignation or removal of the Trustee, the Indenture Trustee, .
(e) The Trustee and the Master Servicer, Servicer shall reasonably cooperate with the Servicer, any Originator contemplated by Item 1110 (§ 229.1110) of Regulation AB, any significant obligor contemplated by Item 1112 (§ 229.1112) of Regulation AB, any enhancement Depositor and its counsel to enter into such amendments or support provider contemplated by Items 1114 or 1115 (§§ 229.1114-1115) of Regulation AB or any other material party modifications to the Trust contemplated Agreement as may be necessary to comply with the Rules and any interpretation thereof by Item 1100(d)(1) (§ 229.1100(d)(1)) the staff of Regulation ABthe Commission, as applicable.subject to the provisions of Section 11.03 hereof
Appears in 1 contract
Reporting Requirements of the Commission. (a) On or before March 1 of each calendar year, the Indenture Trustee Administrator shall deliver to the Master ServicerOwner Trustee, each Servicer, each Subservicer (if any) the Indenture Trustee and the Depositor a report regarding its assessment of compliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§ 229.1122(d)), as of and for the period ending the end of each fiscal year, with respect to asset-backed security transactions taken as a whole involving the Sponsor, the Depositor, the Servicer, the Master Servicer, the Issuer and the Indenture Trustee, as applicable, and that are backed by the same asset type as the Mortgage Loans. Each such report shall include all of the statements required to be provided by the Administrator under paragraph (a) of Item 1122 of Regulation AB (§ 229.1122(a)).
(b) On or before March 1 of each calendar year, the Indenture Trustee Administrator shall deliver to the Master ServicerOwner Trustee, each Servicer, each Subservicer (if any) the Indenture Trustee and the Depositor a report by a registered public accounting firm that attests to, and reports on, the assessment made by the Indenture Trustee Administrator pursuant to subsection (a) above. Each such report shall be made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board.
(c) [The Indenture Trustee Administrator shall notify the Master ServicerOwner Trustee, the Servicer, the Subservicer (if any) Indenture Trustee and the Depositor (i) of any legal proceedings pending against the Administrator of the type described in Item 1117 (§ 229.1117) of Regulation AB and (ii) if the Administrator shall become (but only to the extent not previously disclosed) at any time an affiliate of any of the Sponsor, the Issuer, the Owner Trustee, the Indenture Trustee, the Master Servicer, the Servicer, any Originator contemplated by Item 1110 (§ 229.1110) of Regulation AB, any significant obligor contemplated by Item 1112 (§ 229.1112) of Regulation AB, any enhancement or support provider contemplated by Items 1114 or 1115 (§§ 229.1114-1115) of Regulation AB or any other material party to the Trust contemplated by Item 1100(d)(1) (§ 229.1100(d)(1)) of Regulation AB, as applicable.]
Appears in 1 contract
Samples: Administration Agreement (Aegis Asset Backed Securities Corp)
Reporting Requirements of the Commission. (a) On or before March 1 of each calendar year, the Indenture Trustee Administrator shall deliver to the Master Servicer, each Servicer, each Subservicer (if any) the Indenture Trustee and the Depositor a report regarding its assessment of compliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§ 229.1122(d)), as of and for the period ending the end of each fiscal year, with respect to asset-backed security transactions taken as a whole involving the Sponsor, the Depositor, each Servicer, the Master Servicer, the Issuer and the Indenture Trustee, as applicable, and that are backed by the same asset type as the Mortgage Loans. Each such report shall include all of the statements required to be provided by the Administrator under paragraph (a) of Item 1122 of Regulation AB (§ 229.1122(a)).
(b) On or before March 1 of each calendar year, the Indenture Trustee Administrator shall deliver to the Master Servicer, each Servicer, each Subservicer (if any) the Indenture Trustee and the Depositor a report by a registered public accounting firm that attests to, and reports on, the assessment made by the Indenture Trustee Administrator pursuant to subsection (a) above. Each such report shall be made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board.
(c) [The Indenture Trustee Administrator shall notify the Master Servicer, the Servicer, the Subservicer (if any) Indenture Trustee and the Depositor (i) of any legal proceedings pending against the Administrator of the type described in Item 1117 (§ 229.1117) of Regulation AB and (ii) if the Administrator shall become (but only to the extent not previously disclosed) at any time an affiliate of any of the Sponsor, the Issuer, the Owner Trustee, the Indenture Trustee, the Master Servicer, the any Servicer, any Originator contemplated by Item 1110 (§ 229.1110) of Regulation AB, any significant obligor contemplated by Item 1112 (§ 229.1112) of Regulation AB, any enhancement or support provider contemplated by Items 1114 or 1115 (§§ 229.1114-1115) of Regulation AB or any other material party to the Trust Fund contemplated by Item 1100(d)(1) (§ 229.1100(d)(1)) of Regulation AB, as applicable.]
Appears in 1 contract
Samples: Administration Agreement (Structured Asset Securities Corp)