Common use of CONDITIONS TO ACCEPTANCE BY OWNER TRUSTEE Clause in Contracts

CONDITIONS TO ACCEPTANCE BY OWNER TRUSTEE. As conditions to the Owner Trustee's execution and delivery of the Notes on behalf of the Trust and the execution, authentication and delivery of the Certificates on behalf of the Trust on the Closing Date, the Owner Trustee on behalf of the Trust shall have received the following on or before the Closing Date: (a) The List of Contracts, certified by the Chairman of the Board, President or any Vice President of the Originator (which certification may be part of the Assignment delivered pursuant to Section 2.02(f)). (b) A letter from PricewaterhouseCoopers LLP or another nationally recognized accounting firm, stating that such firm has reviewed the Initial Contracts on a statistical sampling basis and, based on such sampling, concluding that, except with respect to those Initial Contracts so specified in the letter, the Contracts conform in all material respects to the List of Contracts, to a confidence level of 97.5%, with an error rate generally not in excess of 1.8%. (c) Copies of resolutions of the board of directors of the Seller and the Originator or of the executive committee of the board of directors of the Seller and the Originator approving the execution, delivery and performance of this Agreement, its Related Documents and the transactions contemplated hereunder, certified in each case by the secretary or an assistant secretary of the Seller and the Originator, as applicable.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Conseco Finance Securitizations Corp), Sale and Servicing Agreement (Conseco Finance Corp)

CONDITIONS TO ACCEPTANCE BY OWNER TRUSTEE. As conditions to the Owner Trustee's execution and delivery of the Notes on behalf of the Trust and the execution, authentication and delivery of the Certificates on behalf of the Trust on the Closing Date, the Owner Trustee on behalf of the Trust shall have received the following on or before the Closing Date: (a) The List of ContractsLoans, certified by the Chairman of the Board, President or any Vice President of the Originator (which certification may be part of the Assignment delivered pursuant to Section 2.02(f)). (b) A letter from PricewaterhouseCoopers LLP or another nationally recognized accounting firm, stating that such firm has reviewed the Initial Contracts Loans on a statistical sampling basis and, based on such sampling, concluding that, except with respect to those Initial Contracts Loans so specified in the letter, the Contracts such Loans conform in all material respects to the List of ContractsLoans, to a confidence level of 97.5%, with an error rate generally not in excess of 1.8%. (c) Copies of resolutions of the board of directors of the Seller and of the Originator or of the executive committee of the board of directors of the Seller and or the Originator Originator, as applicable, approving the execution, delivery and performance of this Agreement, its Related Documents and the transactions contemplated hereunder, certified in each case by the secretary or an assistant secretary of the Seller and the Originator, as applicable.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Conseco Finance Securitizations Corp)