Common use of Sarbanes Oxley Compliance Clause in Contracts

Sarbanes Oxley Compliance. If requested by Lender, Servicer shall participate in Xxxxxxxx-Xxxxx Act of 2002 (“Sarbanes Oxley”) compliance testing conducted by Lender with respect to the Services on a quarterly basis and shall provide documents and information as reasonably requested by Lender to conduct such compliance testing. Servicer agrees to provide any assistance reasonably requested by Lender to enable Lender to comply with Sarbanes Oxley, the rules of the Public Company Accounting Oversight Board and rules of the Securities and Exchange Commission relating to disclosure controls and procedures and inquiries by the SEC or other regulatory agency. Such assistance shall include but shall not be limited to: (i) documenting Servicer’s controls and procedures relating to the Services; (ii) cooperating with Lender’s auditors in connection with the testing of such controls and procedures; (iii) making quarterly representations or certifications to Lender regarding any material changes to such controls and procedures; (iv) remediating any material weakness or significant deficiency that would prevent Lender from complying with Sarbanes Oxley or any rules or regulations promulgated thereunder; and (v) providing an unqualified SAS 70 Type 2 Report issued by an independent certified public accounting (CPA) firm in connection with its provision of the Services.

Appears in 2 contracts

Samples: Loan Program Agreement (First Marblehead Corp), Loan Program Agreement (First Marblehead Corp)

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Sarbanes Oxley Compliance. If requested by LenderFMC, Servicer shall participate in Xxxxxxxx-Xxxxx Act of 2002 (“Sarbanes Oxley”) compliance testing conducted by Lender FMC with respect to the Services on a quarterly basis and shall provide documents and information as reasonably requested by Lender FMC to conduct such compliance testing. Servicer agrees to provide any assistance reasonably requested by Lender FMC to enable Lender FMC to comply with Sarbanes Oxley, the rules of the Public Company Accounting Oversight Board and rules of the Securities and Exchange Commission relating to disclosure controls and procedures and inquiries by the SEC or other regulatory agency. Such assistance shall include but shall not be limited to: (i) documenting Servicer’s controls and procedures relating to the Services; (ii) cooperating with LenderFMC’s auditors in connection with the testing of such controls and procedures; (iii) making quarterly representations or certifications to Lender FMC regarding any material changes to such controls and procedures; (iv) remediating any material weakness or significant deficiency that would prevent Lender FMC from complying with Sarbanes Oxley or any rules or regulations promulgated thereunder; and (v) providing an unqualified SAS 70 Type 2 Report issued by an independent certified public accounting (CPA) firm in connection with its provision of the Services.

Appears in 2 contracts

Samples: Private Student Loan Servicing Agreement (National Collegiate Funding LLC), Private Student Loan Servicing Agreement (First Marblehead Corp)

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Sarbanes Oxley Compliance. If requested by LenderFMC, Servicer shall participate in XxxxxxxxSaxxxxxx-Xxxxx Act Xct of 2002 (“Sarbanes Oxley”) compliance testing conducted by Lender FMC with respect to the Services on a quarterly basis and shall provide documents and information as reasonably requested by Lender FMC to conduct such compliance testing. Servicer agrees to provide any assistance reasonably requested by Lender FMC to enable Lender FMC to comply with Sarbanes Oxley, the rules of the Public Company Accounting Oversight Board and rules of the Securities and Exchange Commission relating to disclosure controls and procedures and inquiries by the SEC or other regulatory agency. Such assistance shall include but shall not be limited to: (i) documenting Servicer’s controls and procedures relating to the Services; (ii) cooperating with LenderFMC’s auditors in connection with the testing of such controls and procedures; (iii) making quarterly representations or certifications to Lender FMC regarding any material changes to such controls and procedures; (iv) remediating any material weakness or significant deficiency that would prevent Lender FMC from complying with Sarbanes Oxley or any rules or regulations promulgated thereunder; and (v) providing an unqualified SAS 70 Type 2 Report issued by an independent certified public accounting (CPA) firm in connection with its provision of the Services.

Appears in 1 contract

Samples: Private Student Loan Servicing Agreement (National Collegiate Student Loan Trust 2006-3)

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