Use of Subcontractors. (a) [Reserved]. (b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07, in each case as and when required to be delivered.
Appears in 47 contracts
Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar8), Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar2), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A3cb)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, shall promptly upon request provide to the Trustee and the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's ’s duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor Trustee and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07, in each case as and when required to be delivered.
Appears in 23 contracts
Samples: Pooling and Servicing Agreement (IndyMac IMJA Mortgage Loan Trust 2007-A2), Pooling and Servicing Agreement (IndyMac INDA Mortgage Loan Trust 2007-Ar4), Pooling and Servicing Agreement (IndyMac INDA Mortgage Loan Trust 2007-Ar7)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, shall promptly upon request provide to the Trustee and the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor Trustee and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07, in each case as and when required to be delivered.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (IndyMac INDA Mortgage Loan Trust 2007-Ar6), Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Flx6), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2007-A2)
Use of Subcontractors. (a) [Reserved].The Master Servicer shall cause any Subcontractor used by the Master Servicer for the benefit of the Depositor to comply with the provisions of Section 9.11 and this Article XII to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer’s duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor any servicer compliance statement required to be delivered by such Subcontractor under Section 9.11, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 12.07 and any certification required to be delivered to the Certifying Person under Section 12.05 as and when required to be delivered. As a condition to the succession to any Subcontractor as subservicer under this Agreement by any Person (i) into which such Subcontractor may be merged or consolidated, or (ii) which may be appointed as a successor to any Subcontractor, the Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K.
(b) It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 12.07 and 11.09 12.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's ’s duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0712.07, in each case as and when required to be delivered.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Servicer to seek the consent of the Depositor Seller or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor Seller (or any designee of the DepositorSeller, such as the Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the DepositorSeller) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraphsentence.
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Indenture Trustee shall cause any such Subcontractor for the benefit of the Seller to comply with the provisions of Sections 11.05 and 11.06 to the same extent as if such Subcontractor were the Indenture Trustee. The Indenture Trustee shall be responsible for obtaining from each such Subcontractor and delivering to the Seller, any assessment of compliance and attestation required to be delivered by such Subcontractor under Sections 11.05 and 11.06, in each case as and when required to be delivered.
(c) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor Seller to comply with the provisions of Sections 11.07 Section 4.10(a)(ii), Section 4.11 and 11.09 of this Agreement Section 11.06 to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each such Subcontractor and delivering to the Depositor and the ServicerSeller, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07this Agreement, in each case as and when required to be delivered.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (DaimlerChrysler Auto Trust 2006-A), Sale and Servicing Agreement (DaimlerChrysler Auto Trust 2006-D), Sale and Servicing Agreement (DaimlerChrysler Financial Services Americas LLC)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Servicer to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Indenture Trustee shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 10.5 and 11.09 10.6 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Indenture Trustee, as applicable. The Servicer or the Trustee, as applicable, Indenture Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 10.5 and Section 11.0710.6, in each case as and when required to be delivered.
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer shall cause any such Subcontractor for the benefit of the Depositor to comply with the provisions of Section 3.10(a)(ii), Section 3.11 and Section 10.6 of this Agreement to the same extent as if such Subcontractor were the Servicer. The Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under this Agreement, in each case as and when required to be delivered.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2006-3), Sale and Servicing Agreement (USAA Auto Owner Trust 2006-4), Sale and Servicing Agreement (USAA Auto Owner Trust 2006-2)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Servicer to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraphparagraph and (iv) which (if any) of such Subcontractors such Person elects to take responsibility for assessing compliance with the servicing criteria applicable to such Subcontractor’s activities. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Indenture Trustee shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 10.5 and 11.09 10.6 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Indenture Trustee, as applicable. The Servicer or the Trustee, as applicable, Indenture Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 10.5 and Section 11.0710.6, in each case as and when required to be delivered.
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer shall cause any such Subcontractor for the benefit of the Depositor to comply with the provisions of Section 3.10(a)(ii), Section 3.11 and Section 10.6 of this Agreement to the same extent as if such Subcontractor were the Servicer. The Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under this Agreement, in each case as and when required to be delivered.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2008-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2007-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2007-2)
Use of Subcontractors. (a) [Reserved].The Master Servicer shall cause any Subcontractor used by the Master Servicer for the benefit of the Depositor to comply with the provisions of Section 9.11 and this Article XII to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor any servicer compliance statement required to be delivered by such Subcontractor under Section 9.11, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 12.07 and any certification required to be delivered to the Certifying Person under Section 12.05 as and when required to be delivered. As a condition to the succession to any Subcontractor as subservicer under this Agreement by any Person (i) into which such Subcontractor may be merged or consolidated, or (ii) which may be appointed as a successor to any Subcontractor, the Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K.
(b) It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 12.07 and 11.09 12.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0712.07, in each case as and when required to be delivered.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)
Use of Subcontractors. (a) [Reserved].The Master Servicer shall cause any Subcontractor used by the Master Servicer for the benefit of the Depositor to comply with the provisions of Section 9.11 and this Article XIII to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer’s duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor any servicer compliance statement required to be delivered by such Subcontractor under Section 9.11, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 13.07 and any certification required to be delivered to the Certifying Person under Section 13.05 as and when required to be delivered. As a condition to the succession to any Subcontractor as subservicer under this Agreement by any Person (i) into which such Subcontractor may be merged or consolidated, or (ii) which may be appointed as a successor to any Subcontractor, the Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K.
(b) It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 13.07 and 11.09 13.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's ’s duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0713.07, in each case as and when required to be delivered.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Indenture Trustee, the Backup Servicer or the Trustee Servicer to seek the consent of the Depositor Seller or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor Seller (or any designee of the DepositorSeller, such as the Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the DepositorSeller) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraphsentence.
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Indenture Trustee shall cause any such Subcontractor for the benefit of the Seller to comply with the provisions of Sections 11.05 and 11.06 to the same extent as if such Subcontractor were the Indenture Trustee. The Indenture Trustee shall be responsible for obtaining from each such Subcontractor and delivering to the Seller, any assessment of compliance and attestation required to be delivered by such Subcontractor under Sections 11.05 and 11.06, in each case as and when required to be delivered.
(c) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor Seller to comply with the provisions of Sections 11.07 Section 4.10(a)(ii), Section 4.11 and 11.09 of this Agreement Section 11.06 to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each such Subcontractor and delivering to the Depositor and the ServicerSeller, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07this Agreement, in each case as and when required to be delivered.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2010-A), Sale and Servicing Agreement (Chrysler Financial Services Americas LLC), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-A)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Servicer to seek the consent of the Depositor Seller or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor Seller (or any designee of the DepositorSeller, such as the Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the DepositorSeller) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraphsentence.
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Indenture Trustee shall cause any such Subcontractor for the benefit of the Seller to comply with the provisions of Sections 11.05 and 11.06 to the same extent as if such Subcontractor were the Indenture Trustee. The Indenture Trustee shall be responsible for obtaining from each such Subcontractor and delivering to the Seller, any assessment of compliance and attestation required to be delivered by such Subcontractor under Sections 11.05 and 11.06, in each case as and when required to be delivered.
(c) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor Seller to comply with the provisions of Sections 11.07 Section 4.10(a)(ii), Section 4.11 and 11.09 of this Agreement Section 11.06 to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each such Subcontractor and delivering to the Depositor and the ServicerSeller, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07this Agreement, in each case as and when required to be delivered.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (DaimlerChrysler Auto Trust 2007-A), Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2008-B), Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2008-A)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, Trustee shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Trustee shall cause any such Subcontractor used by such Person the Trustee for the benefit of the Depositor to comply with the provisions of Sections 11.07 9.07 and 11.09 9.09 of this Agreement to the same extent as if such Subcontractor were the Servicer Trustee (except with respect to the ServicerTrustee's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable). The Servicer or the Trustee, as applicable, Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 9.05 and Section 11.079.07, in each case as and when required to be delivered.
Appears in 3 contracts
Samples: Trust Agreement (Residential Asset Securitization Trust 2006-R1), Trust Agreement (Residential Asset Securitization Trust 2006-R2), Trust Agreement (IndyMac INDX Mortgage Loan Trust 2006-R1)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, shall promptly upon request provide to the Trustee and the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory 116 to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor Trustee and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07, in each case as and when required to be delivered.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Flx1), Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Flx2)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Master Servicer to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. .
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Indenture Trustee shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 9.05 and 11.09 of this Agreement 9.06 to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Indenture Trustee, as applicable. The Servicer or the Trustee, as applicable, Indenture Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 9.05 and Section 11.079.06, in each case as and when required to be delivered.
(c) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer shall cause any such Subcontractor for the benefit of the Depositor to comply with the provisions of Section 3.11(a), Section 3.12 and Section 9.06, to the same extent as if such Subcontractor were the Master Servicer. The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under this Agreement, in each case as and when required to be delivered.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC), Sale and Servicing Agreement (WDS Receivables LLC)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, Trustee shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Trustee shall cause any such Subcontractor used by such Person the Trustee for the benefit of the Depositor to comply with the provisions of Sections 11.07 9.07 and 11.09 9.09 of this Agreement to the same extent as if such Subcontractor were the Servicer Trustee (except with respect to the Servicer's Trustee’s duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable). The Servicer or the Trustee, as applicable, Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 9.05 and Section 11.079.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Trust Agreement (Residential Asset Securitization Trust 2007-R1)
Use of Subcontractors. (a) [Reserved].The Master Servicer shall cause any Subcontractor used by the Master Servicer for the benefit of the Depositor to comply with the provisions of Section 9.11 and this Article XII to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor any servicer compliance statement required to be delivered by such Subcontractor under Section 9.11, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 12.07 and any certification required to be delivered to the Certifying Person under Section 12.05 as and when required to be delivered. As a condition to the succession to any Subcontractor as subservicer under this Agreement by any Person (i) into which such Subcontractor may be merged or consolidated, or (ii) which may be appointed as a successor to any Subcontractor, the 146 Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K.
(b) It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 12.07 and 11.09 12.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0712.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Servicer to seek the consent of the Depositor Seller or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor Seller (or any designee of the DepositorSeller, such as the Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the DepositorSeller) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. sentence.
(b) As a condition to the utilization by the Indenture Trustee of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Indenture Trustee shall cause any such Subcontractor used by such Person for the benefit of the Depositor Seller to comply with the provisions of Sections 11.05(b) and 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Indenture Trustee, as applicable. The Servicer or the Trustee, as applicable, Indenture Trustee shall be responsible for obtaining from each such Subcontractor and delivering to the Depositor and the ServicerSeller, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 Sections 11.05(b) and Section 11.0711.06, in each case as and when required to be delivered.
(c) As a condition to the utilization by the Servicer of any Subcontractor determined to be a Reporting Subcontractor, the Servicer shall cause any such Subcontractor for the benefit of the Seller to comply with the provisions of Section 11.05(a) and Section 11.07 to the same extent as if such Subcontractor were the Servicer. The Servicer shall be responsible for obtaining from each such Subcontractor and delivering to the Seller, any assessment of compliance and attestation required to be delivered by such Subcontractor under this Agreement, in each case as and when required to be delivered.
(d) As a condition to the utilization of any Subcontractor (whether or not a Reporting Subcontractor), the Indenture Trustee or the Servicer, as the case may be, shall (i) cause such Subcontractor to covenant and agree for the benefit of the Seller and the Trust that such Subcontractor will not at any time institute against the Seller or the Trust any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States Federal or state bankruptcy or similar law and (ii) promptly provide written evidence of such covenant and agreement of such Subcontractor to the Seller or the Trust upon its request therefor.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Daimlerchrysler Master Owner Trust)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Master Servicer to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii).
(b) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Indenture Trustee shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 9.05 and 11.09 of this Agreement 9.06 to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Indenture Trustee, as applicable. The Servicer or the Trustee, as applicable, Indenture Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 9.05 and Section 11.079.06, in each case as and when required to be delivered.
(c) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer shall cause any such Subcontractor for the benefit of the Depositor to comply with the provisions of Sections 3.11(a), 3.12 and 9.06, to the same extent as if such Subcontractor were the Master Servicer. The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under this Agreement, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2006-A)
Use of Subcontractors. (a) [Reserved].. 119
(b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar6)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Master Servicer to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. .
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Indenture Trustee shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 9.05 and 11.09 of this Agreement 9.06 to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Indenture Trustee, as applicable. The Servicer or the Trustee, as applicable, Indenture Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 9.05 and Section 11.079.06, in each case as and when required to be delivered.
(c) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer shall cause any such Subcontractor for the benefit of the Depositor to comply with the provisions of Section 3.11(d), Section 3.12 and Section 9.06, to the same extent as if such Subcontractor were the Master Servicer. The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under this Agreement, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2008-A)
Use of Subcontractors. (a) [Reserved].The Master Servicer shall cause any Subcontractor used by the Master Servicer for the benefit of the Depositor to comply with the provisions of Section 9.11 and this Article XII to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor any servicer compliance statement required to be delivered by such Subcontractor under Section 9.11, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 12.07 and any certification required to be delivered to the Certifying Person under Section 12.05 as and when required to be delivered. As a condition to the succession to any Subcontractor as subservicer under this Agreement by any Person (i) into which such Subcontractor may be merged or consolidated, or (ii) which may be appointed as a successor to any Subcontractor, the Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K. 174
(b) It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 12.07 and 11.09 12.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0712.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Trustee or the Trustee Servicer to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Each of the Trustee and the Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Servicer or administratorServicer) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Trustee shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 16.5 and 11.09 16.6 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 16.5 and Section 11.0716.6, in each case as and when required to be delivered.
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer shall cause any such Subcontractor for the benefit of the Depositor to comply with the provisions of Section 6.9(a)(ii), Section 6.10 and Section 16.6 of this Agreement to the same extent as if such Subcontractor were the Servicer. The Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under this Agreement, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Usaa Acceptance LLC)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Servicer to seek the consent of the Depositor Seller or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor Seller (or any designee of the DepositorSeller, such as the Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the DepositorSeller) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraphsentence.
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Indenture Trustee shall cause any such Subcontractor for the benefit of the Seller to comply with the provisions of Sections 11.05(b) and 11.07 to the same extent as if such Subcontractor were the Indenture Trustee. The Indenture Trustee shall be responsible for obtaining from each such Subcontractor and delivering to the Seller, any assessment of compliance and attestation required to be delivered by such Subcontractor under Sections 11.05(b) and 11.06, in each case as and when required to be delivered.
(c) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor Seller to comply with the provisions of Sections Section 11.05(a) and Section 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each such Subcontractor and delivering to the Depositor and the ServicerSeller, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07this Agreement, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
Use of Subcontractors. (a) [Reserved].. 108
(b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, shall promptly upon request provide to the Trustee and the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor Trustee and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (IndyMac IMJA Mortgage Loan Trust 2007-A1)
Use of Subcontractors. (a) [Reserved].The Master Servicer shall cause any Subcontractor used by the Master Servicer for the benefit of the Depositor to comply with the provisions of Section 9.11 and this Article XII to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor any servicer compliance statement required to be delivered by such Subcontractor under Section 9.11, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 12.07 and any certification required to be delivered to the Certifying Person under Section 12.05 as and when required to be delivered. As a condition to the succession to any Subcontractor as subservicer under this Agreement by any Person (i) into which such Subcontractor may be merged or consolidated, or (ii) which may be appointed as a successor to any Subcontractor, the Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K.
(b) It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such 155 Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 12.07 and 11.09 12.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0712.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)
Use of Subcontractors. (a) [Reserved].The Master Servicer shall cause any Subcontractor used by the Master Servicer for the benefit of the Depositor to comply with the provisions of Section 9.11 and this Article XII to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor any servicer compliance statement required to be delivered by such Subcontractor under Section 9.11, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 12.07 and any certification required to be delivered to the Certifying Person under Section 12.05 as and when required to be delivered. As a condition to the succession to any Subcontractor as subservicer under this Agreement by any Person (i) into which such Subcontractor may be merged or consolidated, or (ii) which may be appointed as a successor to any Subcontractor, the Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K.
(b) It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 12.07 and 11.09 12.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each 168 Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0712.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Servicer, the Trust Administrator or the Trustee [Indenture Trustee] to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer Servicer, the Trust Administrator or the [Indenture Trustee], as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer Servicer, the Trust Administrator or the [Indenture Trustee], as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 10.07 and 11.09 10.09 of this Agreement to the same extent as if such Subcontractor were the Servicer Servicer, the Trust Administrator or the [Indenture Trustee], as applicable (except with respect to the Servicer's ’s duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) ). The Servicer, the Trust Administrator or the [Indenture Trustee, as applicable. The Servicer or the Trustee], as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0710.07, in each case as and when required to be delivered.
Appears in 1 contract
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Master Servicer to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. .
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Indenture Trustee shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 9.05 and 11.09 of this Agreement 9.06 to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Indenture Trustee, as applicable. The Servicer or the Trustee, as applicable, Indenture Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 9.05 and Section 11.079.06, in each case as and when required to be delivered.
(c) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer shall cause any such Subcontractor for the benefit of the Depositor to comply with the provisions of Section 3.11(a), Section 3.12 and Section 9.06, to the same extent as if such Subcontractor were the Master Servicer. The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under this Agreement, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Wachovia Auto Loan Owner Trust 2007-1)
Use of Subcontractors. (a) [Reserved].
(b) The Master Servicer shall not hire or otherwise utilize the services of any Subcontractor to fulfill any of the obligations of the Master Servicer as master servicer under this Agreement unless the Master Servicer complies with the provisions of this Section. It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Seller or the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Seller and the Depositor (or any designee of the Depositor, such as the Servicer or an administrator) a written description (in form and substance satisfactory to the Seller and the Depositor) of the role and function of each Subcontractor utilized by such Personthe Master Servicer, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "“participating in the servicing function" ” within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor“participating in the servicing function” within the meaning of Item 1122 of Regulation AB, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person the Master Servicer for the benefit of the Seller and the Depositor to comply with the provisions of Sections 11.07 14.05 and 11.09 14.07 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor Seller and the Servicer, Depositor any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0714.05, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2007-He1)
Use of Subcontractors. (a) [Reserved].. 117
(b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, shall promptly upon request provide to the Trustee and the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor Trustee and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2007-A6)
Use of Subcontractors. (a) [Reserved].The Master Servicer shall cause any Subcontractor used by the Master Servicer for the benefit of the Depositor to comply with the provisions of Section 9.11 and this Article XIII to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor any servicer compliance statement required to be delivered by such Subcontractor under Section 9.11, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 13.07 and any certification required to be delivered to the Certifying Person under Section 13.05 as and when required to be delivered. As a condition to the succession to any Subcontractor as subservicer under this Agreement by any Person (i) into which such Subcontractor may be merged or consolidated, or (ii) which may be appointed as a successor to any Subcontractor, the Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K.
(b) It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 13.07 and 11.09 13.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of 141 compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0713.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)
Use of Subcontractors. (a) [Reserved].The Master Servicer shall cause any Subcontractor used by the Master Servicer for the benefit of the Depositor to comply with the provisions of Section 9.11 and this Article XII to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor any servicer compliance statement required to be delivered by such Subcontractor under Section 9.11, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 12.07 and any certification required to be delivered to the Certifying Person under Section 12.05 as and when required to be delivered. As a condition to the succession to any Subcontractor as subservicer under this Agreement by any Person (i) into which such Subcontractor may be merged or consolidated, or (ii) which may be appointed as a successor to any Subcontractor, the Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K.
(b) It shall not be necessary for the Master Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description 128 (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 12.07 and 11.09 12.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0712.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Indenture Trustee or the Trustee Master Servicer to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Each of the Indenture Trustee and the Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administratorthe Administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, AB and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. .
(b) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, Indenture Trustee shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 9.05 and 11.09 of this Agreement 9.06 to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Indenture Trustee, as applicable. The Servicer or the Trustee, as applicable, Indenture Trustee shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the ServicerDepositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 9.05 and Section 11.079.06, in each case as and when required to be delivered.
(c) As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer shall cause any such Subcontractor for the benefit of the Depositor to comply with the provisions of Section 3.11(d), Section 3.12 and Section 9.06, to the same extent as if such Subcontractor were the Master Servicer. The Master Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Depositor, any assessment of compliance and attestation required to be delivered by such Subcontractor under this Agreement, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Wachovia Auto Loan Owner Trust 2008-1)
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer Servicer, the Trust Administrator or the Trustee [Indenture Trustee] to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer Servicer, the Trust Administrator or the [Indenture Trustee], as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer Servicer, the Trust Administrator or the [Indenture Trustee], as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 10.07 and 11.09 10.09 of this Agreement to the same extent as if such Subcontractor were the Servicer Servicer, the Trust Administrator or the [Indenture Trustee], as applicable (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) ). The Servicer, the Trust Administrator or the [Indenture Trustee, as applicable. The Servicer or the Trustee], as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.0710.07, in each case as and when required to be delivered.
Appears in 1 contract
Use of Subcontractors. (a) [Reserved].
(b) It shall not be necessary for the Servicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Servicer or the Trustee, as applicable, shall promptly upon request provide to the Trustee and the Depositor (or any designee of the Depositor, such as the Servicer or administrator) a written description (in form and substance satisfactory 115 to the Depositor) of the role and function of each Subcontractor utilized by such Person, specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person for the benefit of the Depositor to comply with the provisions of Sections 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Servicer (except with respect to the Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor Trustee and the Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Flx3)