Common use of Xxxxxxxx-Xxxxx Back-Up Certification Clause in Contracts

Xxxxxxxx-Xxxxx Back-Up Certification. Not later than the fifth Business Day prior to the date when the Primary Servicer is required to deliver such backup certification under the Pooling and Servicing Agreement, the Primary Servicer shall execute and deliver to the Master Servicer a backup certification, which shall be substantially in the form attached as Exhibit CC-1 to the Pooling and Servicing Agreement in support of any certification obligation to which the Master Servicer, the depositor for the ABS Issuing Entity, the trustee for the ABS Issuing Entity, the master servicer for the ABS Issuing Entity (if other than the Master Servicer) or other similar party is subject under the governing agreement for the ABS Issuing Entity in connection with the certification requirements of the Xxxxxxxx-Xxxxx Act of 2002, as amended, and Rule 302 of the Regulations with respect to the mortgage loans serviced by the Primary Servicer under this Agreement.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top23), Primary Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top23)

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Xxxxxxxx-Xxxxx Back-Up Certification. Not later than the fifth Business Day prior to the date when Simultaneously with its delivery of the Primary Servicer is required to deliver such backup certification under the Pooling and Servicing AgreementForm 10-K Information Report, the Primary Servicer shall execute and deliver to or as directed by the Master Servicer and/or the Applicable Depositor a backup certification, which shall be substantially in the form attached as Exhibit CC-1 to the Pooling and Servicing Agreement in support of any certification obligation to which the Master Servicer, the depositor for the ABS Issuing Entity, the trustee for the ABS Issuing Entity, the master servicer for the ABS Issuing Entity (if other than the Master Servicer) or other similar party is subject under the governing agreement for the ABS Issuing Entity in connection with the certification requirements of the Xxxxxxxx-Xxxxx Act of 2002, as amended, and Rule 302 of the Regulations with respect to the mortgage loans serviced by the Primary Servicer under this Agreement.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Hq12), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top23), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2006-Top21)

Xxxxxxxx-Xxxxx Back-Up Certification. Not later than the fifth Business Day prior to the date when Simultaneously with its delivery of the Primary Servicer is required to deliver such backup certification under the Pooling and Servicing AgreementForm 10-K Information Report, the Primary Servicer shall execute and deliver to or as directed by the Master Servicer and/or the Applicable Depositor a backup certification, which shall be substantially in the form attached as Exhibit CC-1 M-2 to the Pooling and Servicing Agreement in support of any certification obligation to which the Master Servicer, the depositor for the ABS Issuing Entity, the trustee for the ABS Issuing Entity, the master servicer for the ABS Issuing Entity (if other than the Master Servicer) or other similar party is subject under the governing agreement for the ABS Issuing Entity in connection with the certification requirements of the Xxxxxxxx-Xxxxx Act of 2002, as amended, and Rule 302 of the Regulations with respect to the mortgage loans serviced by the Primary Servicer under this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr16), Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr18)

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Xxxxxxxx-Xxxxx Back-Up Certification. Not later than the fifth fiafth Business Day prior to the date when when, with its delivery of the Primary Servicer is required to deliver such backup certification under the Pooling and Servicing Agreement, the Primary Servicer shall execute and deliver to the Master Servicer a backup certification, which shall be substantially in the form attached as Exhibit CC-1 to the Pooling and Servicing Agreement in support of any certification obligation to which the Master Servicer, the depositor for the ABS Issuing Entity, the trustee for the ABS Issuing Entity, the master servicer for the ABS Issuing Entity (if other than the Master Servicer) or other similar party is subject under the governing agreement for the ABS Issuing Entity in connection with the certification requirements of the Xxxxxxxx-Xxxxx Act of 2002, as amended, and Rule 302 of the Regulations with respect to the mortgage loans serviced by the Primary Servicer under this Agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2006-Top21)

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