Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999), an Officer's Certificate stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv), Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv), Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998-1)
Statement as to Compliance and Financial Statements. The Master Servicer will deliver or cause to be delivered to the Indenture Trustee, the Grantor Owner Trustee, the Depositor Depositor, the Securities Insurer, the Master Servicer and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999with the fiscal year 200_), an Officer's Certificate Certificate, required under Section 7.2 of the Servicing Agreement, stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement and the Servicing Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement and the Servicing Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Master Servicer shall deliver or cause to be delivered to the Indenture Trustee Trustee, the Securities Insurer, the Master Servicer and the Grantor Owner Trustee a copy of its the Servicer's annual audited financial statements prepared in the ordinary course of business. The Master Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Master Servicer shall also cause the Servicer to furnish and certify to the requesting party such other information as to (i) its the Servicer's organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its the Servicer's financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer subservicer under the related Subservicing Agreementany subservicing agreements, in each case as the Indenture Trustee, the Grantor Trustee Owner Trustee, the Master Servicer, the Securities Insurer or the Depositor may reasonably request from time to time.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Bcap LLC), Sale and Servicing Agreement (Bcap LLC), Sale and Servicing Agreement (Securitized Asset Backed Receivables LLC)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, Trustee and the Depositor and the Rating Agencies not later than 90 days following the end of each Servicer's Fiscal Year (beginning with ____________ which will cover activities during the fiscal year of the Servicer (beginning in 1999________), an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof and what action the Servicer proposes to take with respect theretothereof. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis to the Depositor a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor or the Underwriters on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor or the Underwriters that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Residential Asset Funding Corp), Sale and Servicing Agreement (Home Equity Securitization Corp)
Statement as to Compliance and Financial Statements. The Master Servicer will deliver to the Indenture Trustee, the Grantor TrusteeTrust Administrator, the Depositor and the Rating Agencies Certificate Insurer not later than 90 days following the end of each fiscal year (beginning with the 1999 fiscal year) of the Servicer (beginning in 1999)Master Servicer, an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Master Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect theretothereof. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Master Servicer shall deliver to the Indenture Trustee Trustee, the Trust Administrator and the Grantor Trustee Certificate Insurer a copy of its annual audited financial statements prepared in the ordinary course of business. The Master Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Master Servicer. The Master Servicer agrees to make available shall forward to the Depositor on Certificate Insurer a reasonable basis copy of any audited annual financial statements, as well as any unaudited quarterly financial statements, of any Sub- Servicer received by the Master Servicer, both at the Master Servicer's expense. Copies of any such Officers' Certificate and financial statements shall be provided by the Trust Administrator to the Certificate Insurer, any Certificateholder and to any Person identified to the Trust Administrator as a knowledgeable officer prospective transferee of a Certificate, upon request at the expense of the requesting party, provided such statement is delivered by the Master Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to timeTrust Administrator.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 1999-NCB), Pooling and Servicing Agreement (New Century Mort Sec Inc Home Equity Loan Trust Ser 1999 NCD)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor and the Rating Agencies Cityscape not later than 90 days following the end of each fiscal year (beginning with the 1997 fiscal year) of the Servicer (beginning in 1999)Servicer, an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof and what action the Servicer proposes to take with respect theretothereof. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis to the Depositor a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor or the Underwriter on reasonable prior notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Mortgage Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Mortgage Loans and (iv) the performance of the obligations of any Subservicer Sub-Servicer under the related Subservicing Sub- Servicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning with fiscal year ending in 19991998), an Officer's Certificate stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Life Financial Home Loan Owner Trust 1997-3)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor and the Rating Agencies Transferor not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999)1998) of the Servicer, an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis to the Depositor a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Statement as to Compliance and Financial Statements. The Servicer will deliver or cause to be delivered to the Indenture Trustee, the Grantor Owner Trustee, the Depositor Depositor, [the Securities Insurer,] the Master Servicer and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999with the fiscal year 200_), an Officer's Certificate Certificate, required under Section 7.2 of the Servicing Agreement, stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement and the Servicing Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement and the Servicing Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver or cause to be delivered to the Indenture Trustee Trustee, [the Securities Insurer,] the Master Servicer and the Grantor Owner Trustee a copy of its the Servicer's annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Master Servicer shall also cause the Servicer to furnish and certify to the requesting party such other information as to (i) its the Servicer's organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its the Servicer's financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer subservicer under the related Subservicing Agreementany subservicing agreements, in each case as the Indenture Trustee, the Grantor Trustee Owner Trustee, the Master Servicer[, the Securities Insurer] or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Hsi Asset Securitization Corp)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor Owner Trustee and the Rating Agencies Agency not later than 90 days following the end of each fiscal year of the Servicer (beginning in 19991999 with respect to the 1998 fiscal year), an Officer's Certificate stating that (i) a review of the activities of the Servicer and the Issuer Trust during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, each of the Servicer and the Issuer Trust has fulfilled all of its obligations under this Agreement and the Indenture throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the DepositorIssuer Trust, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor Issuer Trust and the Indenture Trustee on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor Issuer Trust and the Indenture Trustee on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor Issuer Trust and the Indenture Trustee that the Servicer has the ability to service the Home Loans Trust Assets in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans Trust Assets and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor Issuer Trust may reasonably request from time to time.
Appears in 1 contract
Samples: Ascent Entertainment Group Inc
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor TrusteeTrust Administrator, the Depositor and the Rating Agencies Certificate Insurer not later than 90 days following the end of each fiscal year (beginning with the fiscal year ending February 28, 2001) of the Servicer (beginning in 1999)Servicer, an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect theretothereof. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee Trustee, the Trust Administrator and the Grantor Trustee Certificate Insurer a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available shall forward to the Depositor on Certificate Insurer a reasonable basis a knowledgeable officer copy of any audited annual financial statements, as well as any unaudited quarterly financial statements, of any Sub-Servicer received by the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect Servicer, both at the Servicer's servicing facilities during normal business hours for expense. Copies of any such Officers' Certificate and financial statements shall be provided by the purpose Trust Administrator to the Certificate Insurer, any Certificateholder and to any Person identified to the Trust Administrator as a prospective transferee of satisfying a Certificate, upon request at the Depositor that expense of the requesting party, provided such statement is delivered by the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to timeTrust Administrator.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Home Eq Ln Tr Ser 2000 NCB Asset Back Ps THR Cer)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, Owner Trustee the Depositor and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 19991998), an Officer's Certificate stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Owner Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Ditech Funding Corp Home Loan Owner Trust 1997-1)
Statement as to Compliance and Financial Statements. The Master Servicer will deliver or cause to be delivered to the Indenture Trustee, the Grantor Owner Trustee, the Depositor Depositor, the Securities Insurer, the Master Servicer and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999with the fiscal year 20_), an Officer's Certificate ’s Certificate, required under Section 7.2 of the Servicing Agreement, stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement and the Servicing Agreement has been made under such officer's ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement and the Servicing Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's ’s Certificate required by the preceding paragraph, the Master Servicer shall deliver or cause to be delivered to the Indenture Trustee Trustee, the Securities Insurer, the Master Servicer and the Grantor Owner Trustee a copy of its the Servicer’s annual audited financial statements prepared in the ordinary course of business. The Master Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Master Servicer shall also cause the Servicer to furnish and certify to the requesting party such other information as to (i) its the Servicer’s organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its the Servicer’s financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer subservicer under the related Subservicing Agreementany subservicing agreements, in each case as the Indenture Trustee, the Grantor Trustee Owner Trustee, the Master Servicer, the Securities Insurer or the Depositor may reasonably request from time to time.
Appears in 1 contract
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee[, the Grantor Trustee, the Depositor THE CERTIFICATE INSURER] and the Rating Agencies Seller not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999)Servicer, an Officer's Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer and the Claims Administrator during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has and the Claims Administrator have fulfilled all of its their obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligationobligation by either the Servicer or the Claims Administrator, specifying each such default known to such officer and the nature and status thereof and what the action being taken by the Servicer proposes and the Claims Administrator, as applicable, to take with respect theretocure such default. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee Trustee[, THE CERTIFICATE INSURER] and 91 100 the Grantor Trustee Seller a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositorany Certificateholder, deliver to the requesting party a copy of such party annual audited financial statements or any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis to the Seller [AND THE CERTIFICATE INSURER] a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit any Certificateholder, prospective Certificateholder[, THE CERTIFICATE INSURER] or the Depositor Seller or the Underwriter on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying such Certificateholder, prospective Certificateholder[, THE CERTIFICATE INSURER] or the Depositor Seller that the Servicer has the ability to service the Home Mortgage Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Mortgage Loans and (iv) the performance of the obligations of any Subservicer Sub-Servicer under the related Subservicing Sub-Servicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee Seller[, THE CERTIFICATE INSURER] or the Depositor any Class [A] Certificateholder who has a greater than 10% Percentage Interest may reasonably request from time to time.
Appears in 1 contract
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor TrusteeTrust Administrator, the Depositor Depositor, the Seller and the Rating Agencies Certificate Insurer not later than 90 days following the end of each fiscal year (beginning with the 1999 fiscal year) of the Servicer (beginning in 1999)Servicer, an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect theretothereof. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee Trustee, the Trust Administrator and the Grantor Trustee Certificate Insurer a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available shall forward to the Depositor on Certificate Insurer a reasonable basis a knowledgeable officer copy of any audited annual financial statements, as well as any unaudited quarterly financial statements, of any Sub-Servicer received by the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect Servicer, both at the Servicer's servicing facilities during normal business hours for expense. Copies of any such Officers' Certificate and financial statements shall be provided by the purpose Trust Administrator to the Certificate Insurer, any Certificateholder and to any Person identified to the Trust Administrator as a prospective transferee of satisfying a Certificate, upon request at the Depositor that expense of the requesting party, provided such statement is delivered by the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to timeTrust Administrator.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor TrusteeCertificate Insurer, the Depositor and the Rating Agencies Transferor not later than 90 days following the end of each Servicer's Fiscal Year (beginning with 1999 which will cover activities during the fiscal year of the Servicer (beginning in 19991998), an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof and what action the Servicer proposes to take with respect theretothereof. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee Certificate Insurer a copy of its annual audited financial statements prepared in the ordinary course of businessaccordance with generally accepted accounting principals. The Servicer shall, upon the request of the DepositorDepositor or the Certificate Insurer, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis to the Depositor and the Certificate Insurer a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor and the Certificate Insurer or the Underwriters on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor and the Certificate Insurer or the Underwriters that the Servicer has the ability to service the Home Mortgage Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Mortgage Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee Certificate Insurer or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Statement as to Compliance and Financial Statements. (a) The Master Servicer will shall cause the Servicer and each successor Servicer to deliver or cause to be delivered to the Indenture Trustee, the Grantor Owner Trustee, the Depositor Depositor, [the Securities Insurer,] the Administrator, the Master Servicer and the Rating Agencies not later than 90 days following the end on or before March [1] of each fiscal year calendar year, commencing in 20[ ], a statement of compliance addressed to such parties and signed by an authorized officer of such Servicer to the Servicer (beginning in 1999), an Officer's Certificate stating effect that (i) a review of the Servicer’s activities of the Servicer during the immediately preceding calendar year (or applicable portion thereof) and of its performance under this Agreement during such period has been made under such officer's supervision ’s supervision, and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement and the Servicing Agreement in all material respects throughout such year, calendar year (or applicable portion thereof) or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying specifically identifying each such default failure known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect theretothereof. Contemporaneously with the submission of the Officer's Certificate statement of compliance required by the preceding paragraph, the Master Servicer shall cause the Servicer to deliver or cause to be delivered to the Indenture Trustee Trustee, [the Securities Insurer,] the Administrator, the Master Servicer and the Grantor Owner Trustee a copy of its the Servicer’s annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Master Servicer shall also cause the Servicer to furnish and certify to the requesting party such other information as to (i) its the Servicer’s organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its the Servicer’s financial condition, (iii) the Home Mortgage Loans and (iv) the performance of the obligations of any Subservicer under the related any Subservicing AgreementAgreements, in each case as the Indenture Trustee, the Grantor Trustee Owner Trustee, the Administrator, the Master Servicer[, the Securities Insurer] or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Hsi Asset Securitization Corp)
Statement as to Compliance and Financial Statements. The Servicer will and the Subservicer shall deliver to the Indenture Trustee, the Grantor Trustee, the Depositor Depositor, the Master Servicer and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999), an Officer's Certificate stating that (i) a review of the activities of the Servicer or the Subservicer, as applicable, during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer or the Subservicer, as applicable, has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer or Subservicer, as applicable, proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee Trustee, the Master Servicer and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee Trustee, the Master Servicer or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)
Statement as to Compliance and Financial Statements. The Master Servicer will deliver or cause to be delivered to the Indenture Trustee, the Grantor Owner Trustee, the Depositor Depositor, the Securities Insurer, the Master Servicer and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999with the fiscal year 199_), an Officer's Certificate Certificate, required under Section 7.2 of the Servicing Agreement, stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement and the Servicing Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement and the Servicing Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Master Servicer shall deliver or cause to be delivered to the Indenture Trustee Trustee, the Securities Insurer, the Master Servicer and the Grantor Owner Trustee a copy of its the Servicer's annual audited financial statements prepared in the ordinary course of business. The Master Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Master Servicer shall also cause the Servicer to furnish and certify to the requesting party such other information as to (i) its the Servicer's organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its the Servicer's financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer subservicer under the related Subservicing Agreementany subservicing agreements, in each case as the Indenture Trustee, the Grantor Trustee Owner Trustee, the Master Servicer, the Securities Insurer or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 19991998), an Officer's Certificate stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1997-4)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor TrusteeDepositor, the Depositor Seller and the Rating Agencies Certificate Insurer not later than 90 days following the end of each fiscal calendar year of the Servicer (beginning in 1999)Servicer, an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof thereof. Copies of any such Officers' Certificate and what action financial statements shall be provided by the Trustee to the Certificate Insurer, any Certificateholder and to any Person identified to the Trustee as a prospective transferee of a Certificate, upon request at the expense of the requesting party, provided such statement is delivered by the Servicer proposes to take with respect theretothe Trustee. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the The Servicer shall deliver to the Indenture Trustee Trustee, with a copy to the Certificate Insurer, each Rating Agency and the Grantor Underwriter, promptly after having obtained knowledge thereof, but in no event later than ten Business Days thereafter, written notice by means of an Officer's Certificate of any event that with the giving of notice or the lapse of time, or both, would become an Event of Default. Without duplication of the foregoing, the Servicer will deliver to the Indenture Trustee a copy of its annual audited financial statements prepared in any information it provides to the ordinary course of business. The Servicer shall, upon the request Note Insurer under Section 2.02(f) of the DepositorInsurance Agreement. Delivery of such reports, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available information and documents to the Depositor on a reasonable basis a knowledgeable officer Indenture Trustee is for informational purposes only and the Indenture Trustee's receipt of the Servicer for the purpose such shall not constitute constructive notice of answering reasonable questions respecting recent developments affecting the Servicer any information contained therein or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect determinable from information contained herein, including the Servicer's servicing facilities during normal business hours for the purpose compliance with any of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information its covenants hereunder (as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as which the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time is entitled to timerely exclusively on Officers' Certificates).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor Depositor, the Securities Insurer, the Master Servicer and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999), an Officer's Certificate stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee Trustee, the Securities Insurer, the Master Servicer and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee Trustee, the Master Servicer, the Securities Insurer or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998 3)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor and the Rating Agencies Transferor not later than 90 ninety (90) days following the end of each fiscal year Servicer's Fiscal Year (beginning with the end of the Servicer (beginning Servicer's Fiscal Year in 1999_____ [SPECIFY THE YEAR IN WHICH THE CLOSING DATE OCCURS]), an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof and what action the Servicer proposes to take with respect theretothereof. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis to the Depositor a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor or the Underwriters on reasonable notice to inspect the Servicer's servicing facilities 77 82 during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Mortgage Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Mortgage Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 1 contract
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, Trustee the Depositor and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999), an Officer's Certificate stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1)
Statement as to Compliance and Financial Statements. The Master Servicer will deliver or cause to be delivered to the Indenture Trustee, the Grantor Owner Trustee, the Depositor Depositor, the Securities Insurer, the Master Servicer and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in with the fiscal year 1999), an Officer's Certificate Certificate, required under Section 7.2 of the Servicing Agreement, stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement and the Servicing Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement and the Servicing Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Master Servicer shall deliver or cause to be delivered to the Indenture Trustee Trustee, the Securities Insurer, the Master Servicer and the Grantor Owner Trustee a copy of its the Servicer's annual audited financial statements prepared in the ordinary course of business. The Master Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Master Servicer shall also cause the Servicer to furnish and certify to the requesting party such other information as to (i) its the Servicer's organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its the Servicer's financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer subservicer under the related Subservicing Agreementany subservicing agreements, in each case as the Indenture Trustee, the Grantor Trustee Owner Trustee, the Master Servicer, the Securities Insurer or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor and the Rating Agencies Transferor not later than 90 days following the end of each fiscal year of the Servicer (beginning in 19991998), an Officer's Certificate stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision super- vision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement Agree- ment throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Financial Asset Securities Corp)
Statement as to Compliance and Financial Statements. The Master Servicer will shall deliver or cause to be delivered to the Indenture Trustee, the Grantor Owner Trustee, the Depositor Depositor, the Securities Insurer, the Master Servicer and the Rating Agencies not later than 90 days following the end of each fiscal year of the Servicer (beginning in with the fiscal year 1999), an Officer's Certificate Certificate, required under Section 7.2 of the Servicing Agreement, stating that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement and the Servicing Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement and the Servicing Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Certificate required by the preceding paragraph, the Master Servicer shall deliver or cause to be delivered to the Indenture Trustee Trustee, the Securities Insurer, the Master Servicer and the Grantor Owner Trustee a copy of its the Servicer's annual audited financial statements prepared in the ordinary course of business. The Master Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Master Servicer shall also cause the Servicer to furnish and certify to the requesting party such other information as to (i) its the Servicer's organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its the Servicer's financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer subservicer under the related Subservicing Agreementany subservicing agreements, in each case as the Indenture Trustee, the Grantor Trustee Owner Trustee, the Master Servicer, the Securities Insurer or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2)
Statement as to Compliance and Financial Statements. The Master Servicer will deliver to the Indenture Trustee, the Grantor TrusteeTrust Administrator, the Depositor and the Rating Agencies Certificate Insurer not later than 90 days following the end of each fiscal year (beginning with the 2000 fiscal year) of the Servicer (beginning in 1999)Master Servicer, an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Master Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof and what action the Servicer proposes to take with respect theretothereof. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Master Servicer shall deliver to the Indenture Trustee Trustee, the Trust Administrator and the Grantor Trustee Certificate Insurer a copy of its annual audited financial statements prepared in the ordinary course of business. The Master Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Master Servicer. The Master Servicer agrees to make available shall forward to the Depositor on Certificate Insurer a reasonable basis copy of any audited annual financial statements, as well as any unaudited quarterly financial statements, of any Sub- Servicer received by the Master Servicer, both at the Master Servicer's expense. Copies of any such Officers' Certificate and financial statements shall be provided by the Trust Administrator to the Certificate Insurer, any Certificateholder and to any Person identified to the Trust Administrator as a knowledgeable officer prospective transferee of a Certificate, upon request at the expense of the requesting party, provided such statement is delivered by the Master Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to timeTrust Administrator.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Mort Sec Inc New Cent Hm Eq Ln Tr Ser 2000-Nca)
Statement as to Compliance and Financial Statements. The Servicer will deliver to the Indenture Trustee, the Grantor Trustee, the Depositor and the Rating Agencies Transferor not later than 90 days following the end of each fiscal year of the Servicer (beginning in 1999)1998) of the Servicer, an Officer's Officers' Certificate stating stating, as to each signatory thereof, that (i) a review of the activities of the Servicer during the preceding year and of performance under this Agreement has been made under such officer's supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof and what action the Servicer proposes to take with respect thereto. Contemporaneously with the submission of the Officer's Officers' Certificate required by the preceding paragraph, the Servicer shall deliver to the Indenture Trustee and the Grantor Trustee a copy of its annual audited financial statements prepared in the ordinary course of business. The Servicer shall, upon the request of the Depositor, deliver to such party any unaudited quarterly financial statements of the Servicer. The Servicer agrees to make available to the Depositor on a reasonable basis to the Depositor a knowledgeable officer of the Servicer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Depositor on reasonable notice to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Depositor that the Servicer has the ability to service the Home Loans in accordance with this Agreement. The Servicer shall also furnish and certify to the requesting party such other information as to (i) its organization, activities and personnel relating to the performance of the obligations of the Servicer hereunder, (ii) its financial condition, (iii) the Home Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee, the Grantor Trustee or the Depositor may reasonably request from time to time.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Financial Asset Securities Corp)