Common use of Review; Certification Clause in Contracts

Review; Certification. On or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall review the Required Loan Documents in the Loan File that are required to be delivered pursuant to Section 2.09(b) on the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), and shall deliver to the Seller, the Trust Depositor, the Trustee, and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1 on or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans). Within two (2) Business Days after the Custodian receives the Required Loan Documents in the Loan File that are permitted, pursuant to Section 2.09(b), to be delivered after the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall deliver to the Seller, the Trust Depositor, the Trustee and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1, which updated certification shall supplement any previous certification given. Within 360 days after the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) and the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall deliver to the Seller, the Servicer, the Trust Depositor, the Trustee and any Noteholder who requests a copy from the Trustee a final certification in the form attached hereto as Exhibit L-2. A copy of the final certification will be provided to any Noteholder upon request.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.)

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Review; Certification. On or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian Trustee shall review the Required Loan Documents in portion of the Loan File that are required to be delivered pursuant to Section 2.09(b2.08(b) on the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), and shall deliver to the SellerOriginator, the Trust Depositor, the Trustee, Depositor and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1 on or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans). Within two (2) Business Days after the Custodian Trustee receives the Required Loan Documents in portion of the Loan File that are permitted, pursuant to Section 2.09(b), permitted to be delivered after the Closing Date in the case of the Initial Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute LoansLoans pursuant to Section 2.08(b), the Custodian Trustee shall deliver to the SellerOriginator, the Trust Depositor, the Trustee Depositor and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1, which updated certification shall supplement supersede any previous certification given. Within 360 days after the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) and the related Substitute Loan Cutoff Date (in the case of any Loans or Substitute Loans), the Custodian Trustee shall deliver to the SellerOriginator, the Servicer, the Trust Depositor, the Trustee Depositor and any Noteholder who requests a copy from the Trustee a final certification in the form attached hereto as Exhibit L-2. A copy L-2 evidencing the completeness of the final certification will be provided Loan Files (as set forth in the related Loan Checklists) with respect to any Noteholder upon requestthe Loans so transferred.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)

Review; Certification. On or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall review the Required Loan Documents in the Loan File that are required to be delivered pursuant to Section 2.09(b2.08(b) on the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), and shall deliver to the Seller, the Trust Depositor, the Trustee, and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1 on or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans). Within two (2) Business Days after the Custodian receives the Required Loan Documents in the Loan File that are permitted, pursuant to Section 2.09(b2.08(b), to be delivered after the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall deliver to the Seller, the Trust Depositor, the Trustee and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1, which updated certification shall supplement any previous certification given. Within 360 days after the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) Loans and the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall deliver to the Seller, the Servicer, the Trust Depositor, the Trustee and any Noteholder who requests a copy from the Trustee a final certification in the form attached hereto as Exhibit L-2. A copy L-2 evidencing the completeness of the final certification will be provided Loan Files with respect to any Noteholder upon requestthe Required Loan Documents with respect to the Loans so transferred.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hercules Technology Growth Capital Inc)

Review; Certification. On or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), ) or the related Additional Loan Cutoff Transfer Date (in the case of any Additional Loans) Subsequent Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall review the Required Loan Documents in the Loan File that are required to be delivered pursuant to Section 2.09(b‎Section 2.10(b) on the Closing Date (in the case of the Initial Loans), ) or the related Additional Loan Cutoff Transfer Date (in the case of any Additional Loans) Subsequent Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), and shall deliver to the SellerIssuer, the Trust DepositorOriginator, the Trustee, Trustee and the Servicer a certification and the Trustee shall deliver or make available electronically to any Noteholder who requests a copy from the Trustee such certification, with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1 H-1 on or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), ) or the related Additional Loan Cutoff Transfer Date (in the case of any Additional Loans) Subsequent Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans). Within two three (23) Business Days (provided that if more than 25 Loan Files are delivered at one time the Custodian shall deliver such certification at a time as agreed to among the Custodian, the Issuer and the Majority Noteholders) after the Custodian receives the Required Loan Documents in the Loan File that are permittedFile, pursuant to Section 2.09(b), to be delivered after the related Additional List of Loans and the Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans)Checklist, the Custodian shall deliver to the Seller, the Trust DepositorOriginator, the Trustee and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1H-1. For the avoidance of doubt, which updated certification shall supplement any previous certification givensuch review will not commence until the Loan File, the Loan Checklist and the List of Loans have been delivered to the Custodian. Within 360 90 days after the Closing Date (in the case of the Initial Loans), end of the related Additional Loan Cutoff Date (in calendar year immediately following the case end of any Additional Loans) and the related Substitute Loan Cutoff Date (in the case of any Substitute Loans)Investment Period, the Custodian shall deliver to the SellerOriginator, the ServicerIssuer, the Trust DepositorServicer and the Trustee, and the Trustee and shall deliver or make available electronically to any Noteholder who requests a copy from the Trustee a final certification in the form attached hereto as Exhibit L-2. A copy H-2 evidencing the completeness of the final certification Loan Files with respect to the Required Loan Documents with respect to all Loans. The Servicer shall provide notice of the end of the Investment Period to the Trustee and to the Custodian if the Investment Period Termination Date will be provided occur on any date other than June 21, 2027. Neither the Trustee nor the Custodian makes representations as to (i) the validity, legality, sufficiency, enforceability or genuineness of any Noteholder upon requestof the documents, or (ii) the collectability, insurability, effectiveness or suitability of any asset; and neither the Trustee nor the Custodian has made any independent examination of any documents contained in each Loan File beyond the review specifically required under the Transaction Documents.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Horizon Technology Finance Corp)

Review; Certification. On or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian Trustee shall review the Required Loan Documents in portion of the Loan File that are required to be delivered pursuant to Section 2.09(b2.08(b) on the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), and shall deliver to the SellerOriginator, the Trust Depositor, the Trustee, Depositor and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1 L-l on or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans). Within two (2) Business Days after the Custodian Trustee receives the Required Loan Documents in portion of the Loan File that are permitted, pursuant to Section 2.09(b), permitted to be delivered after the Closing Date in the case of the Initial Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute LoansLoans pursuant to Section 2.08(b), the Custodian Trustee shall deliver to the SellerOriginator, the Trust Depositor, the Trustee Depositor and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1, which updated certification shall supplement supersede any previous certification given. Within 360 days after the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) and the related Substitute Loan Cutoff Date (in the case of any Loans or Substitute Loans), the Custodian Trustee shall deliver to the SellerOriginator, the Servicer, the Trust Depositor, the Trustee Depositor and any Noteholder who requests a copy from the Trustee a final certification in the form attached hereto as Exhibit L-2. A copy L-2 evidencing the completeness of the final certification will be provided Loan Files (as set forth in the related Loan Checklists) with respect to any Noteholder upon requestthe Loans so transferred.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

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Review; Certification. On or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian Indenture Trustee shall review the Required Loan Documents in portion of the Loan File that are required to be delivered pursuant to Section 2.09(b2.08(b) on the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), and shall deliver to the SellerOriginator, the Trust Depositor, the Trustee, Depositor and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1 L-l on or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans). Within two (2) Business Days after the Custodian Indenture Trustee receives the Required Loan Documents in portion of the Loan File that are permitted, pursuant to Section 2.09(b), permitted to be delivered after the Closing Date in the case of the Initial Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) Loans or the related Substitute Loan Cutoff Date (in the case of any Substitute LoansLoans pursuant to Section 2.08(b), the Custodian Indenture Trustee shall deliver to the SellerOriginator, the Trust Depositor, the Trustee Depositor and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1, which updated certification shall supplement any previous certification given. L-l. Within 360 days after the Closing Date (in the case of the Initial Loans), Loans and the related Additional Loan Cutoff Cut-Off Date (in the case of any Additional Loans) and the related Substitute Loan Cutoff Date (in the case of any Loans or Substitute Loans), the Custodian Indenture Trustee shall deliver to the SellerOriginator, the Servicer, the Trust Depositor, the Trustee Depositor and any Noteholder who requests a copy from the Indenture Trustee a final certification in the form attached hereto as Exhibit L-2. A copy L-2 evidencing the completeness of the final certification will be provided Loan Files (as set forth in the related Loan Checklists) with respect to any Noteholder upon requestthe Loans so transferred.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

Review; Certification. On or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall review the Required Loan Documents in the Loan File that are required to be delivered pursuant to Section 2.09(b2.08(b) on the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), and shall deliver to the Seller, the Trust Depositor, the Trustee, and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1 on or prior to the date that is two (2) Business Days after the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans). Within two (2) Business Days after the Custodian receives the Required Loan Documents in the Loan File that are permitted, pursuant to Section 2.09(b2.08(b), to be delivered after the related Additional Loan Cutoff Date (in the case of any Additional Loans) or the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall deliver to the Seller, the Trust Depositor, the Initial Purchaser, the Trustee and the Servicer a certification with respect to the Required Loan Documents delivered to it at such time in the form attached hereto as Exhibit L-1, which updated certification shall supplement any previous certification given. Within 360 days after the Closing Date (in the case of the Initial Loans), the related Additional Loan Cutoff Date (in the case of any Additional Loans) Loans and the related Substitute Loan Cutoff Date (in the case of any Substitute Loans), the Custodian shall deliver to the Seller, the Servicer, the Trust Depositor, the Initial Purchaser, the Trustee and any Noteholder who requests a copy from the Trustee a final certification in the form attached hereto as Exhibit L-2. A copy of the final certification will be provided to any Noteholder upon request.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Horizon Technology Finance Corp)

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