Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the Issuer, the Placement Agent, the Trustee, the Backup Servicer, the Security Insurer, the Noteholders and each Rating Agency, on or before April 30 (or 120 days after the end of the Servicer's fiscal year, if other than December 31) of each year, beginning on April 30, 1998, an officer's certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 (or other applicable date), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificate) and of its performance under this Agreement has been made under such officer's supervision, and (ii) to such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. (b) The Servicer shall deliver to the Issuer, the Placement Agent, the Trustee, the Backup Servicer, the Security Insurer, the Noteholders, the Collateral Agent, and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officer's certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1.
Appears in 1 contract
Sources: Sale and Servicing Agreement (First Enterprise Financial Group Inc)
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security Insurer, the Noteholders Insurer and each Rating Agency, on or before April 30 October 31 (or 120 days after the end of the Servicer's ’s fiscal year, if other than December 31June 30) of each year, beginning on April 30October 31, 19982003, an officer's ’s certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 June 30 (or other applicable date)) of such year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificatecertificate (which period shall not be less than six months)) and of its performance under this Agreement has been made under such officer's ’s supervision, and (ii) to such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof.
(b) The Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security Insurer, the Noteholders, the Collateral Agent, Agent and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1.9.1(a). The Seller or the Servicer shall deliver to the Trustee, the Owner Trustee, the Trust
Appears in 1 contract
Sources: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-a-M)
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the Issuer, the Placement Agent, the Indenture Trustee, the Backup Servicer, the Security Insurer, the Noteholders Insurer and each Rating Agency, on or before April June 30 (or 120 days after the end of the Servicer's fiscal year, if other than December 31) of each year, beginning on April June 30, 1998[ ], an officer's certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 (or other applicable date), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificate) and of its performance under this Agreement has been made under such officer's supervision, and (ii) to such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office.
(b) The Servicer shall deliver to the Issuer, the Placement Agent, the Indenture Trustee, the Backup Servicer, the Security Insurer, the Noteholders, the Collateral Agent, Insurer and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officerOfficer's certificate Certificate of any event which that, with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1SECTION 9.1.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Triad Financial Corp)
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the Issuer, the Placement Agent, the Trustee, the Backup Servicer, the Security Note Insurer, the Noteholders Trust, and each Rating Agencythe Collateral Agent, on or before April 30 October 31 (or 120 one hundred twenty (120) days after the end of the Servicer's ’s fiscal year, if other than December 31June 30) of each year, beginning on April 30October 31, 19982005, an officer's ’s certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 June 30 (or other applicable date)) of such year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificate) and of its performance under this Agreement has been made under such officer's ’s supervision, and (ii) to such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof.
(b) The Servicer shall deliver to the IssuerTrust, the Placement Agent, the Trustee, the Backup Servicer, the Security Note Insurer, the Noteholders, Standby Servicer and the Collateral Agent, and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.14.1(a). The Servicer shall, and shall cause the Sellers to, deliver to the Note Insurer, the Standby Servicer, the Collateral Agent and the Servicer promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an Officer’s Certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under any other clause of Section 4.1.
Appears in 1 contract
Sources: Servicing and Custodian Agreement (Americredit Corp)
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security Insurer, Agents and the Noteholders and each Rating AgencyAdministrative Agent, on or before April 30 October 31 (or 120 days after the end of the Servicer's ’s fiscal year, if other than December 31June 30) of each year, beginning on April 30October 31, 19982008, an officer's ’s certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 June 30 (or other applicable date)) of such year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificatecertificate (which period shall not be less than six months)) and of its performance under this Agreement has been made under such officer's ’s supervision, and (ii) to such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof.
(b) The Sellers or the Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security InsurerAgents, the Noteholders, Administrative Agent and the Collateral Agent, and each Rating Agency, Servicer or the Sellers (as applicable) promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1or Event of Default.
Appears in 1 contract
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security InsurerAgents, the Noteholders Administrative Agent and each Rating Agency, on or before April 30 October 31 (or 120 days after the end of the Servicer's ’s fiscal year, if other than December 31June 30) of each year, beginning on April 30October 31, 19982009, an officer's ’s certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 June 30 (or other applicable date)) of such year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificatecertificate (which period shall not be less than six months)) and of its performance under this Agreement has been made under such officer's ’s supervision, and (ii) to such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof.
(b) The Seller or the Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security InsurerAgents, the NoteholdersAdministrative Agent, the Collateral Agent, Servicer or the Seller (as applicable) and each Rating Agency, Agency promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1or Event of Default.
Appears in 1 contract
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the IssuerPurchaser, the Placement Agent, to the Trustee, the Backup Servicer, the Security Insurer, Note Purchasers and to the Noteholders and each Rating Agencythe Backup Servicer, on or before April 30 March 31 of each year beginning March 31, 2007 (or 120 days after in the end case of the Servicer's fiscal yearClass A Note Purchaser and the Class A Noteholders) or March 31, if other than December 31) 2008 (in the case of each year, beginning on April 30, 1998Class B Note Purchaser and the Class B Noteholders), an officerOfficer's certificate signed by any Responsible Officer of the 50 ServicerCertificate, dated as of the immediately preceding December 31 (or other applicable date)of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from in the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date case of the first such certificatecertificate for the Class B Note Purchasers and the Class B Noteholders, the period from the initial Cutoff Date for the first Class B Funding Date to December 31, 2007) and of its performance under this Agreement has been made under such officer's supervision, supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such year (or, in the case of the first such certificate, such shorter period), or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof.
(b) The Servicer shall deliver to the Issuer, the Placement Agent, the Trustee, the Backup Servicer, the Security Insurer, the Noteholders, the Collateral Agent, Note Purchasers and each Rating Agencythe Backup Servicer, promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officerOfficer's certificate Certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1SECTION 10.1.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer To the extent required by Section 1123 of Regulation AB, the Servicer, shall deliver to the IssuerTrustee, the Placement Owner Trustee, the Trust Collateral Agent, the Trustee, the Backup Servicer, the Security Insurer, the Noteholders Servicer and each Rating Agency, on or before April 30 (or 120 days after the end of the Servicer's fiscal year, if other than December 31) March 31 of each yearyear (regardless of whether the Seller has ceased filing reports under the Exchange Act), beginning on April 30March 31, 19982012, an officer's ’s certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 (or other applicable date)of the previous calendar year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period calendar year (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificate) and of its performance under this Agreement has been made under such officer's ’s supervision, and (ii) to such officer's ’s knowledge, based on such review, the Servicer has fulfilled in all material respects all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying identifying each such default failure known to such officer and the nature and status thereofof such failure.
(b) The Servicer shall deliver to the IssuerTrustee, the Placement Owner Trustee, the Trust Collateral Agent, the Trustee, the Backup Servicer, the Security Insurer, the Noteholders, the Collateral Agent, Servicer and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1.a
Appears in 1 contract
Sources: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2011-4)
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security InsurerAgents, the Noteholders Administrative Agent and each Rating Agency, on or before April 30 October 31 (or 120 days after the end of the Servicer's ’s fiscal year, if other than December 31June 30) of each year, beginning on April 30October 31, 19982002, an officer's ’s certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 June 30 (or other applicable date)) of such year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificatecertificate (which period shall not be less than six months)) and of its performance under this Agreement has been made under such officer's ’s supervision, and (ii) to such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof.
(b) The Sellers or the Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security InsurerAgents, the NoteholdersAdministrative Agent, the Collateral Agent, Servicer or the Sellers (as applicable) and each Rating Agency, Agency promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1or Event of Default.
Appears in 1 contract
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security InsurerAgents, the Noteholders Administrative Agent and each Rating Agency, on or before April 30 October 31 (or 120 days after the end of the Servicer's fiscal year, if other than December 31June 30) of each year, beginning on April 30October 31, 19982002, an officer's certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 June 30 (or other applicable date)) of such year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificatecertificate (which period shall not be less than six months)) and of its performance under this Agreement has been made under such officer's supervision, and (ii) to such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof.
(b) The Sellers or the Servicer shall deliver to the IssuerTrustee, the Placement AgentOwner Trustee, the TrusteeTrust Collateral Agent, the Backup Servicer, the Security InsurerAgents, the NoteholdersAdministrative Agent, the Collateral Agent, Servicer or the Sellers (as applicable) and each Rating Agency, Agency promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officer's certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1or Event of Default.
Appears in 1 contract
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the Issuer, the Placement AgentOwner Trustee, the Trustee, the Backup Servicer, the Security Insurer, the Noteholders Note Insurer and each Rating Agency, on or before April 30 (or 120 days after the end of the Servicer's fiscal year, if other than December 31) March 31 of each yearyear beginning March 31, beginning on April 30, 19982009, an officerOfficer's certificate signed by any Responsible Officer of the 50 ServicerCertificate, dated as of the immediately preceding December 31 (or other applicable date)of the preceding year, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or or, in the case of the first such other period as shall have elapsed Officer's Certificate, from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificateDecember 31, 2008) and of its performance under this Agreement has been made under such officer's supervision, supervision and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such periodyear (or, in the case of the first such Officer's Certificate, from the Closing Date to December 31, 2008), or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Trustee shall forward a copy of such certificate as well as the report referred to in Section 4.11 to each Noteholder and the Owner Trustee shall forward a copy to each Residual Certificateholder.
(b) The Servicer shall deliver to the Issuer, the Placement AgentOwner Trustee, the Trustee, the Backup Servicer, the Security Note Insurer, the Noteholders, the Collateral Agent, and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officerOfficer's certificate Certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.110.1.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Annual Statement as to Compliance, Notice of Servicer Termination Event. (a) The Servicer shall deliver to the Issuer, the Placement Agent, the Trustee, the Backup Servicer, the Security Insurer, the Noteholders and each Rating Agency, on or before April 30 (or 120 days after the end of the Servicer's fiscal year, if other than December 31) of each year, beginning on April 30, 1998, an officer's certificate signed by any Responsible Officer of the 50 Servicer, dated as of the immediately preceding December 31 (or other applicable date), stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or such other period as shall have elapsed from the Closing Date (or the date a successor Servicer began to act as Servicer hereunder) to the date of the first such certificate) and of its performance under this Agreement has been made under such officer's supervision, and (ii) to such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof.
(b) The Servicer shall deliver to the Issuer, the Placement Agent, the Trustee, the Backup Servicer, the Security Insurer, the Noteholders, the Collateral Agent, and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than two (2) Business Days thereafter, written notice in an officer's certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event under Section 8.1.
Appears in 1 contract
Sources: Sale and Servicing Agreement (First Enterprise Financial Group Inc)