Documents to be Delivered by Holder(s). Each of the Holder(s) participating in any of the foregoing offerings shall furnish to the Company a completed and executed questionnaire provided by the Company requesting information customarily sought of selling security holders.
Documents to be Delivered. For the purpose of Section 4(a):
(1) Tax forms, documents, or certificates to be delivered are: BSFP and the Counterparty Any document required or reasonably requested to allow the other party to make payments under this Agreement without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate Promptly after the earlier of (i) reasonable demand by either party or (ii) learning that such form or document is required
(2) Other documents to be delivered are: BSFP and the Counterparty Any documents required by the receiving party to evidence the authority of the delivering party or its Credit Support Provider, if any, for it to execute and deliver this Agreement, any Confirmation , and any Credit Support Documents to which it is a party, and to evidence the authority of the delivering party or its Credit Support Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be Upon the execution and delivery of this Agreement and such Confirmation Yes BSFP and the Counterparty A certificate of an authorized officer of the party, as to the incumbency and authority of the respective officers of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be Upon the execution and delivery of this Agreement and such Confirmation Yes BSFP A copy of the most recent annual report of such party (only if available) and its Credit Support Provider, if any, containing in all cases audited consolidated financial statements for each fiscal year certified by independent certified public accountants and prepared in accordance with generally accepted accounting principles in the United States or in the country in which such party is organized Promptly after request by the other party Yes
Documents to be Delivered. The Purchaser shall have received the following, all of which shall be dated as of the Closing Date or such other date as specified:
(i) the Receivable Schedule;
(ii) a financing statement to be filed with the Delaware Secretary of State naming the Seller, as seller/debtor, the Purchaser, as purchaser/assignor secured party, and the Indenture Trustee, as secured party/total assignee, naming the Receivables and the related property described in Section 2.1 as collateral and meeting the requirements of the laws of Delaware and in such manner as is necessary to perfect the sale, transfer, assignment and conveyance of the Receivables to the Purchaser;
(iii) the Xxxx of Sale; and
(iv) such other documents, certificates and opinions as may be reasonably requested by the Purchaser or its counsel.
Documents to be Delivered. The Purchaser shall have received the following, all of which shall be dated as of the Closing Date or such other date as specified:
(i) the Receivables Schedule;
(ii) an Officer’s Certificate of the Seller, in form and substance previously approved by the Purchaser and its counsel, as to, among other things, the representations and warranties of the Seller and satisfaction of conditions precedent;
(iii) an opinion or opinions of counsel for the Seller, in form and substance previously approved by the Purchaser and its counsel, addressed to the Purchaser;
(iv) [RESERVED];
(v) copies of resolutions of the manager of the Seller approving the execution, delivery and performance of the Transaction Documents to which the Seller is a party, and the performance of the transactions contemplated hereunder and thereunder, certified by the Secretary or an Assistant Secretary of the Seller;
(vi) copies of the certificate of formation of the Seller, together with all amendments, revisions and supplements thereto, certified by the Delaware Secretary of State as of a recent date, and a certificate of good standing from the Delaware Secretary of State, dated as of a recent date, to the effect that the Seller has been duly formed, is in good standing and has a legal existence;
(vii) UCC search reports from the appropriate offices in Delaware as to the Seller;
(viii) reliance letters to each opinion of counsel to the Seller or the Servicer delivered to Standard & Poor’s or Xxxxx’x in connection with the purchase of the Receivables hereunder or the issuance or sale of the Notes;
(ix) a financing statement to be filed with the Delaware Secretary of State, naming the Seller, as seller or debtor, the Purchaser, as purchaser or secured party, and the Issuer as assignee, naming the Receivables and the related property described in Section 2.1 as collateral and meeting the requirements of the laws of each such jurisdiction and in such manner as is necessary to perfect the sale, transfer, assignment and conveyance of the Receivables to the Purchaser;
(x) the Xxxx of Sale; and
(xi) such other documents, certificates and opinions as may be reasonably requested by the Purchaser or its counsel.
Documents to be Delivered. For the purpose of Section 4(a):
(1) Tax forms, documents, or certificates to be delivered are: Party required to deliver document Form/Document/ Date by which to Certificate be delivered BSFP and Any document required or Promptly after the earlier of (i) reasonable the Counterparty reasonably requested to allow demand by either party or (ii) learning that the other party to make such form or document is required payments under this Agreement without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate
(2) Other documents to be delivered are: Party required to Form/Document/ Date by which to Covered by Section 3(d) deliver document Certificate be delivered Representation BSFP and Any documents required by Upon the execution and Yes the Counterparty the receiving party to delivery of this Agreement evidence the authority of and such Confirmation the delivering party or its Credit Support Provider, if any, for it to execute and deliver this Agreement, any Confirmation , and any Credit Support Documents to which it is a party, and to evidence the authority of the delivering party or its Credit Support Provider, if any, to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be BSFP and A certificate of an Upon the execution and Yes the Counterparty authorized officer of the delivery of this Agreement party, as to the incumbency and such Confirmation and authority of the respective officers of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be BSFP An opinion of counsel with Upon the execution and Yes respect to the due delivery of this Agreement authorization, execution and and such Confirmation enforceability of this Agreement, acceptable to Counterparty. Counterparty An executed copy of the Within 30 days after the No Pooling and Servicing date of this Agreement. Agreement.
Documents to be Delivered. For the purpose of Section 4(a):
(1) Tax forms, documents, or certificates to be delivered are: Party required to Form/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays and the Any document required Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by to allow the other either party or (ii) learning party to make payments that such form or document is under this Agreement required without any deduction or withholding for or on account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to Form/Document/ Date by which to be Covered by Section deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling and Concurrently with Yes Servicing Agreement, the execution and dated as of April 1, delivery of the 2004, (the "PSA") Confirmation among the Counterparty, Asset Backed Funding Corporation and Option One Mortgage Corporation. ------------------------------------------------------------------------------------- Barclays and the Any documents Concurrently with Yes Counterparty required or the execution and reasonably requested delivery of the by the receiving Confirmation party to evidence the authority of the delivering party to execute and deliver this Agreement, any Confirmation, and any Credit Support Document to which it is a party, and to evidence the authority of the delivering party to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- Barclays and the A certificate of an Concurrently with Yes Counterparty authorized officer the execution and of the party, as to delivery of the the incumbency and Confirmation authority of the respective officers of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------
Documents to be Delivered. For the purpose of Section 4(a):
Documents to be Delivered. The following documents referred to in the Distribution Agreement shall be delivered as a condition to the Closing:
Documents to be Delivered. For the purpose of Section 4(a) of the ISDA Form Master Agreement:
Documents to be Delivered. For the purpose of Section 4(a)(i) and (ii) of the ISDA Form Master Agreement, each party agrees to deliver the following documents, as applicable:
(1) Tax forms, documents, or certificates to be delivered are: DBAG and the Counterparty Any document required or reasonably requested to allow the other party to make payments under this Agreement without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate Promptly after the earlier of (i) reasonable demand by either party or (ii) learning that such form or document is required
(2) Other documents to be delivered are: DBAG and the Counterparty Any documents required by the receiving party to evidence the authority of the delivering party or its Credit Support Provider, if any, for it to execute and deliver this Agreement, any Confirmation, and any Credit Support Documents to which it is a party, and to evidence the authority of the delivering party or its Credit Support Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be Upon the execution and delivery of this Agreement and such Confirmation Yes DBAG and the Counterparty A certificate of an authorized officer of the party, as to the incumbency and authority of the respective officers of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be Upon the execution and delivery of this Agreement and such Confirmation Yes
