Common use of Statement as to Compliance and Financial Statements Clause in Contracts

Statement as to Compliance and Financial Statements. The Servicer will deliver to the Initial Noteholder: (a) not later than 90 days following the end of each fiscal year of the Servicer (beginning on March 31, 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. (b) As soon as available and in no event later than 45 days after the end of each of the first three quarterly fiscal periods of FFCA, a Quarterly Report on "Form 10-Q" filed by FFCA with the Securities and Exchange Commission. (c) As soon as available and in no event later than 90 days after the end of each fiscal year of FFCA, an Annual Report on "Form 10-K" filed by FFCA with the Securities and Exchange Commission. (d) As soon as available and in any event within 90 days after the end of each fiscal year of FFCA, the annual report that is delivered to its shareholders. (e) Within 10 days after service of process on any of the following, notice of all legal or arbitrable proceedings affecting the Servicer or any of its subsidiaries that questions or challenges the validity or enforceability of any of the Basic Documents or as to which there is a reasonable likelihood of adverse determination which would result in a material adverse effect with respect to the value of the Loans or the interests of any of the Securityholders therein. 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 Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee or the Depositor may reasonably request from time to time.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Franchise Finance Corp of America), Sale and Servicing Agreement (Franchise Finance Corp of America), Sale and Servicing Agreement (Franchise Finance Corp of America)

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Statement as to Compliance and Financial Statements. The Servicer will deliver to the Initial Noteholder: (a) not later than 90 105 days following the end of each fiscal calendar year of the Servicer (beginning on March 31in March, 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. (b) As soon as available and in no event later than 45 days 5 Business Days after the end of filing thereof with the Commission each of the first three quarterly fiscal periods of FFCAAdvanta Corp., a Quarterly Report on "Form 10-Q" filed by FFCA Advanta Corp. with the Securities and Exchange Commission. (c) As soon as available and in no event later than 90 days 5 Business Days after the end of each fiscal year of FFCAfiling thereof with the Commission, an Annual Report on "Form 10-K" filed by FFCA Advanta Corp. with the Securities and Exchange Commission. (d) As soon as available and in any event within 90 days 5 Business Days after the end of each fiscal year of FFCAdelivery thereof to its shareholders, the annual report that is delivered to its shareholders. (e) Within 10 days after service of process on any of the following, notice of all legal or arbitrable proceedings affecting the Servicer or any of its subsidiaries that questions or challenges the validity or enforceability of any of the Basic Documents or as to which there is a reasonable likelihood of adverse determination which would result in a material adverse effect with respect to the value of the Loans or the interests of any of the Securityholders therein. 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 Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee or the Depositor Issuer may reasonably request from time to time.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Advanta Corp)

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Statement as to Compliance and Financial Statements. The Servicer will deliver to the Initial Noteholder: (a) not later than 90 105 days following the end of each fiscal calendar year of the Servicer (beginning on March 31in March, 19992000), 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. (b) As soon as available and in no event later than 45 days 5 Business Days after the end of filing thereof with the Commission each of the first three quarterly fiscal periods of FFCAAdvanta Corp., a Quarterly Report on "Form 10-Q" filed by FFCA Advanta Corp. with the Securities and Exchange Commission. (c) As soon as available and in no event later than 90 days 5 Business Days after the end of each fiscal year of FFCAfiling thereof with the Commission, an Annual Report on "Form 10-K" filed by FFCA Advanta Corp. with the Securities and Exchange Commission. (d) As soon as available and in any event within 90 days 5 Business Days after the end of each fiscal year of FFCAdelivery thereof to its shareholders, the annual report that is delivered to its shareholders. (e) Within 10 days after service of process on any of the following, notice of all legal or arbitrable proceedings affecting the Servicer or any of its subsidiaries that questions or challenges the validity or enforceability of any of the Basic Documents or as to which there is a reasonable likelihood of adverse determination which would result in a material adverse effect with respect to the value of the Loans or the interests of any of the Securityholders therein. 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 Loans and (iv) the performance of the obligations of any Subservicer under the related Subservicing Agreement, in each case as the Indenture Trustee or the Depositor Issuer may reasonably request from time to time.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Advanta Corp)

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