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 -------------------------------------------------------------------------------------
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp. ABFC Asset Backed Certificates Series 2004-Opt3), Pooling and Servicing Agreement (Asset Backed Funding Corp. ABFC Asset Backed Certificates Series 2004-Opt3)
Documents to be Delivered. For the purpose of Section 4(a):4(a)(i) and (ii) of this Agreement, each party agrees to deliver the following documents as applicable:
(1a) Tax forms, documents, documents or certificates to be delivered are: Party required to ----------------------------------------------------------------------------------------------------------------------------- PARTY REQUIRED TO DELIVER DOCUMENT Form/Document/ Date by which document to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays and the ----------------------------------------------------------------------------------------------------------------------------- Parties A & B Any document or certificate reasonably As soon as reasonably practicable required Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by a following a request by other party. party in connection with its obligations to allow the other either party or (ii) learning make a payment under this Agreement which would enable that party to make payments that such form or document is under this Agreement required without the payment free from any deduction or withholding for or on account of any Tax or with such as would reduce the rate at which deduction or withholding at a reduced rate --------------------------------------------------------------------------------for or on account of Tax is applied to that payment. -----------------------------------------------------------------------------------------------------------------------------
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to ----------------------------------------------------------------------------------------------------------------------------- PARTY REQUIRED TO DELIVER DOCUMENT Form/Document/ Date by which document to be Covered by Section deliver document delivered Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling and Concurrently with Yes Servicing Agreement, ----------------------------------------------------------------------------------------------------------------------------- Parties A & B A list of authorised signatories for At 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 this Agreement and the Any documents Concurrently with Yes Counterparty required party and evidence satisfactory in thereafter promptly upon any change in form and substance to the other party authorised persons or the execution and reasonably requested delivery upon request. of the by the receiving Confirmation party to evidence the authority of the delivering authorised signatories of the party to execute this Agreement and deliver each confirmation on behalf of the party. ----------------------------------------------------------------------------------------------------------------------------- Parties A & B A legal opinion as to the validity and The date of this Agreement, any Confirmation, and any Credit Support Document to which it is a . enforceability of that party, and to evidence the authority of the delivering party to perform its 's obligations under this AgreementAgreement in form and substance and issued by legal counsel reasonably acceptable to the other party. ----------------------------------------------------------------------------------------------------------------------------- Party A A copy of the most recent annual report Upon reasonable request by Party B. of the party containing consolidated financial statements, certified without qualification by independent public accountants and such Confirmation and/or Credit Support Documentother public information respecting its condition or operations, financial or otherwise, as the case other party may reasonably request from time to time. ----------------------------------------------------------------------------------------------------------------------------- Party B All information and other material When required under the Interest Risk required to be ------------------------------------------------------------------------------------- Barclays and delivered by it under Management Deed. 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 Interest Risk Management Deed ----------------------------------------------------------------------------------------------------------------------------- All documents delivered under this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------Part 3(b) are covered by Section 3(d) representation.
Appears in 2 contracts
Sources: Isda Master Agreement (Macquarie Securitisation LTD), Isda Master Agreement (Macquarie Securitisation LTD)
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 -------------------------------------------------------------------------------- delivered --------------------------------------------------------------------- Barclays and the Any document required Promptly after the earlier of Counterparty or reasonably earlier of requested to allow (i) reasonable the other party to demand by to allow the other either make payments under party or this Agreement (ii) learning party to make payments that without any deduction such form or document is under this Agreement required without any deduction or withholding for or document is required. 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 Covered by to deliver Form/Document/ Date by which Section 3(d) document Certificate to be Covered by Section deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- --------------------------------------------------------------------- Counterparty The Pooling and Concurrently with An opinion of Within 10 Yes Servicing Agreement, Counterparty's Business Days counsel from the addressed to execution and dated as of April 1, Barclays in delivery of the 2004, (form and Confirmation substance reasonably acceptable to Barclays --------------------------------------------------------------------- Barclays Opinions of Within 10 Yes Barclays Business Days internal from 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 counsels in execution and reasonably requested Barclays delivery of the by the receiving standard form Confirmation party addressed 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 ------------------------------------------------------------------------------------- Counterparty --------------------------------------------------------------------- Barclays and the A certificate Effective Date Yes Counterparty 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 ---------------------------------------------------------------------------------------------------------------------------------------------------------- Counterparty The Pooling ad Effective Date Yes Servicing Agreement. ---------------------------------------------------------------------
Appears in 1 contract
Sources: Pooling and Servicing Agreement (SABR LLC Trust 2006-Cb1)
Documents to be Delivered. For the purpose of Section 4(aFOR THE PURPOSE OF SECTION 4(A):
(1a) Tax forms, documents, documents or certificates to be delivered are: Party required to FormCOVERED BY PARTY REQUIRED TO SECTION 3(D) DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ CERTIFICATE DATE BY WHICH TO BE DELIVERED REPRESENTATION ----------------- -------------------------- ----------------------------- -------------- BNY and the Counterparty Any document required or reasonably Promptly after the earlier of Counterparty or reasonably Yes requested to allow the other party (i) reasonable demand by to allow the other make payments under this either party or (ii) learning party to make payments Agreement without any deduction or that such form or document is under this Agreement required without any deduction or withholding for or on the account required of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------tax.
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to FormCOVERED BY PARTY REQUIRED TO SECTION 3(D) DELIVER DOCUMENT 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 DOCUMENT/ CERTIFICATE DATE BY WHICH TO BE DELIVERED REPRESENTATION ----------------- -------------------------- ----------------------------- -------------- BNY A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes officer of the party, as to the delivery of the the this Agreement 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 -------------------------------------------------------------------------------------be.
(i) a copy of the executed Pooling Upon the later of, receipt by Yes and Servicing Agreement, and (ii) such party, or within 30 days an incumbency certificate verifying after the date of this the true signatures and authority Agreement of the person or persons signing this letter agreement on behalf of the Counterparty.
BNY A copy of the annual balance sheet Promptly after request by the Yes from the most recent publicly Counterparty (if available on available regulatory call report. ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇, such delivery is not required) BNY Legal Opinion as to enforceability Upon the execution and Yes of this Agreement. delivery of this Agreement. Counterparty Certified copy of the Board of Upon the execution and Yes Directors resolution (or equivalent delivery of this Agreement. authorizing documentation) which sets forth the authority of each signatory to the Confirmation signing on its behalf and the authority of such party to enter into Transactions contemplated and performance of its obligations hereunder.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Ff1)
Documents to be Delivered. For the purpose of Section 4(aFOR THE PURPOSE OF SECTION 4(A):
(1a) Tax forms, documents, documents or certificates to be delivered are: Party required to Form------------------ ----------------------------------- ------------------------ ----------------- PARTY REQUIRED TO DELIVER COVERED BY DOCUMENT DATE BY WHICH TO BE SECTION 3(D) FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ CERTIFICATE DELIVERED REPRESENTATION ------------------ ----------------------------------- ------------------------ ----------------- ------------------ ----------------------------------- ------------------------ ----------------- BNY and the Any document required Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by Prior to the Yes Counterparty reasonably requested to allow the first payment other either party or (ii) learning party to make payments hereunder and (ii) under this Agreement without any promptly after the deduction or withholding for or earlier of reasonable on the account of any tax. demand by either party or learning 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 -------------------------------------------------------------------------------------------------- ----------------------------------- ------------------------ -----------------
(2b) 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:
(i) Representation ------------------------------------------------------------------------------------- Counterparty The a copy of the executed Upon the later of, Yes Pooling and Concurrently with Yes Servicing Agreement, receipt by such party, and (ii) an incumbency or within 30 days certificate verifying the true after the date of this signatures and authority of the Agreement person or persons signing this letter agreement on behalf of the Counterparty. ------------------ ----------------------------------- ------------------------ ----------------- ------------------ ----------------------------------- ------------------------ ----------------- BNY A copy of the annual balance Promptly after request No. sheet from the most recent by the Counterparty publicly available regulatory (if available on call report. http://www.fdic.gov, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇s not required) ------------------ ----------------------------------- ------------------------ ----------------- ------------------ ----------------------------------- ------------------------ ----------------- BNY Legal Opinion as to Upon the execution and dated as Yes enforceability of April 1, this Agreement. delivery of the 2004, (the "PSA") Confirmation among the Counterparty, Asset Backed Funding Corporation and Option One Mortgage Corporationthis Agreement. ------------------------------------------------------------------------------------- Barclays and the Any documents ------------------ ----------------------------------- ------------------------ ----------------- ------------------ ----------------------------------- ------------------------ ----------------- BNY Indemnification agreement Concurrently with Yes No. executed by Party A, Residential printing of any Funding Company, LLC and prospectus supplement Residential Funding Mortgage or the Certificates to Securities I, Inc. with respect which this Agreement to information provided by BNY relates. for inclusion in any prospectus supplement for the Certificates to which this Agreement relates. ------------------ ----------------------------------- ------------------------ ----------------- ------------------ ----------------------------------- ------------------------ ----------------- Counterparty required or Certified copy of the Board of Upon the execution and reasonably requested Yes Directors resolution (or delivery of the by the receiving Confirmation party to evidence this equivalent authorizing Agreement. documentation) which sets forth the authority of each signatory to the delivering party to execute Confirmation signing on its behalf 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 such party to perform enter into Transactions contemplated and performance of its obligations under this Agreementhereunder. ------------------ ----------------------------------- ------------------------ ----------------- 5) MISCELLANEOUS.
(a) ADDRESS FOR NOTICES: For the purposes of Section 12(a): ADDRESS FOR NOTICES OR COMMUNICATIONS TO BNY: The Bank of New York Swaps and Derivative Products Group Global Market Division 32 Old Slip 15th Floor New York, such Confirmation and/or Credit Support DocumentNew York 10286 ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇ ▇▇py to: The ▇▇▇▇ ▇▇ ▇▇▇ York Swaps and Derivative Products Group 32 Old Slip 16th Floor New York, New York 10286 ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Tele: 212-804-5103 ▇▇▇: ▇▇▇-804-5818/5837 (▇▇r all purposes) ▇ ▇▇▇▇ ▇f any notice or other communication with respect to Sections 5 or 6 should also be sent to the addresses set out below: The Bank of New York Legal Department One Wall Street - 10th Floor New York, New York 10▇▇▇ ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ADDRESS FOR NOTICES OR COMMUNICATIONS TO THE COUNTERPARTY: RFMSI Series 2006-S12 Trust c/o U.S. Bank National Association 60 Livingston Avenue EP-MN-WS3D ▇▇. ▇▇▇▇, ▇▇ 55107 Facsimile No.: 651-495-8090 Telephone No: 651-495-3880 ▇▇▇▇ ▇ copy to: Resi▇▇▇▇▇▇▇ ▇▇▇▇ing Corporation 8400 Normandale Lake Blvd. Minneapolis, MN 55437 ▇▇▇▇▇tion: Heather Anderson Facsimile No.: 952-838-4669 Telephone No: 952-857-6030 (For all p▇▇▇▇▇▇▇)
(b) PROCESS AGENT. For the ▇▇▇▇▇▇▇ ▇▇ ▇ection 13(c): BNY appoints as the case may be ------------------------------------------------------------------------------------- Barclays and the A certificate of an Concurrently with Yes its Process Agent: Not Applicable The Counterparty authorized officer the execution and of the party, appoints 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 -------------------------------------------------------------------------------------its Process Agent: Not Applicable
Appears in 1 contract
Documents to be Delivered. For the purpose of Section 4(a):
(1) Tax forms, documents, or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/CERTIFICATE DATE BY WHICH TO BE DELIVERED ----------------- ------------------------- -------------------------------- BSFP and the Any document required or Promptly after the earlier of Counterparty or reasonably requested to (i) reasonable demand by to either allow the other either party to party or (ii) learning party to that such make payments that such under this form or document is under this required Agreement required without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party PARTY REQUIRED TO COVERED BY SECTION 3(D) DELIVER DOCUMENT FORM/DOCUMENT/CERTIFICATE DATE BY WHICH TO BE DELIVERED REPRESENTATION ----------------- ------------------------- -------------------------------- ----------------------- BSFP and Any documents 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, Upon the execution and dated as of April 1, delivery of Yes 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 of this Agreement and such evidence the authority of 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 Document 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 ------------------------------------------------------------------------------------- Barclays BSFP and the A certificate of an Concurrently with Upon the execution and delivery Yes the Counterparty authorized officer the execution and of the of this Agreement and such party, as to delivery of the the Confirmation 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 -------------------------------------------------------------------------------------BSFP An opinion of counsel Upon the execution and delivery Yes with respect to the due of this Agreement and such authorization, execution Confirmation and enforceability of this Agreement, acceptable to Counterparty. PARTY REQUIRED TO COVERED BY SECTION 3(D) DELIVER DOCUMENT FORM/DOCUMENT/CERTIFICATE DATE BY WHICH TO BE DELIVERED REPRESENTATION ----------------- ------------------------- -------------------------------- ----------------------- Counterparty An executed copy of the Within 30 days after the No Pooling and Servicing Counterparty's receipt Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Rm5)
Documents to be Delivered. For the purpose purposes of Section 4(a):4(a)(i) and (ii) each party agrees to deliver the following documents as applicable:
(1a) Tax forms, documents, documents or certificates to be delivered are: ------------------------------------------------------------------------------------------------ PARTY REQUIRED TO DELIVER DOCUMENT DATE BY WHICH TO BE DELIVERED ------------------------------------------------------------------------------------------------ Party required to Form/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays A and the Any document required Promptly after the earlier of Counterparty or reasonably requested certificate (i) reasonable demand On the execution of this Party B. reasonably required or reasonably Agreement; and requested by a party in connection with its obligations to allow the other either party or make a (ii) learning subsequently, upon payment under this Agreement which demand. would enable that party to make payments that such form or document is under this Agreement required without the payment free from any deduction or withholding for or on account of any Tax or with such as would reduce the rate at which deduction or withholding at a reduced rate --------------------------------------------------------------------------------for or on account of Tax is applied to that payment. ------------------------------------------------------------------------------------------------
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------- PARTY REQUIRED DOCUMENT DATE BY WHICH TO BE COVERED BY ------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Page 22 ------------------------------------------------------------------------------------------------------------- SECTION 3(D) TO DELIVER DELIVERED REPRESENTATIONS ------------------------------------------------------------------------------------------------------------- Party required to Form/Document/ Date by which to be Covered by Section deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling A, Party B and Concurrently with Yes Servicing Agreement, the A copy of the power of attorney On execution and dated as delivery Yes. Trust Manager. authorising execution by the of April 1this Agreement. attorney of this Agreement. ------------------------------------------------------------------------------------------------------------- Party A, delivery of the 2004, (the "PSA") Confirmation among the Counterparty, Asset Backed Funding Corporation and Option One Mortgage Corporation. ------------------------------------------------------------------------------------- Barclays Party B and the Any documents Concurrently with Yes Counterparty required or A list of authorised signatories for On execution of any Yes. Trust Manager. the execution party and reasonably requested delivery evidence satisfactory relevant Confirmation. in form and substance to the other parties of the by the receiving Confirmation party to evidence the authority of the delivering authorised signatories of the party to execute each Confirmation on behalf of that party. ------------------------------------------------------------------------------------------------------------- Trust Manager. A copy of the Master Trust Deed, the On execution and deliver delivery No. Series Notice, the Security Trust of this Agreement or in Deed, the Note Trust Deed, the the case of a document Notice of Creation of Trust and the not executed as at the Agency Agreement. date of this Agreement, upon execution of that document. ------------------------------------------------------------------------------------------------------------- Trust Manager. A copy of an Australian legal On or before the Note No. opinion addressed to, among others, Issue Date. Party A in form and substance satisfactory to Party A. ------------------------------------------------------------------------------------------------------------- Trust Manager. A copy of an Australian tax opinion On or before the Note No. addressed to, among others, Party A Issue Date. in form and substance satisfactory to Party A. ------------------------------------------------------------------------------------------------------------- Trust Manager. A copy of any Confirmation, and any Credit Support Document to which it is a party, and to evidence notice provided by the authority of the delivering party to perform its obligations under this Agreement, At such Confirmation and/or Credit Support Document, time as the case may be ------------------------------------------------------------------------------------- Barclays and Yes. Trust Manager to the Class A certificate of an Concurrently with Yes Counterparty authorized officer relevant notice is Noteholders. provided by the execution and of Trust Manager to 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 -------------------------------------------------------------------------------------Class A Noteholders. -------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Sources: Isda Master Agreement (Interstar Securitisation Management Pty LTD)
Documents to be Delivered. For the purpose of Section 4(a):
(1a) Tax forms, documents, documents or certificates to be delivered are: ----------------------------------- ------------------------------------ -------------------------------- Party required to deliver document Form/Document/ Document/Certificate Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays ----------------------------------- ------------------------------------ -------------------------------- BSFP and the Any document required Counterparty An executed U.S. Internal Promptly after the earlier Revenue Service Form W-9 (or of Counterparty or reasonably requested (i) reasonable demand by to allow the other any successor thereto)and any either party or (ii) other document required or learning that such form or reasonably requested to allow document is required the other party to make payments that such form or document is under this Agreement required without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate. ----------------------------------- ------------------------------------ --------------------------------
(2b) Other documents Documents to be delivered are: ------------------------------------------------------------------------------------- --------------------------- ---------------------------------------------------- ---------------------- ---------------------------- Party required to Form/Document/ Document/Certificate Date by which to be Covered by Section 3(d) deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling representation --------------------------- ---------------------------------------------------- ---------------------- ---------------------------- BSFP 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 Upon the execution and Yes --------------------------- ---------------------------------------------------- ---------------------- ---------------------------- --------------------------- ---------------------------------------------------- ---------------------- ---------------------------- Counterparty reasonably requested delivery of the by the receiving Confirmation party execution to evidence the authority of the delivering party or and delivery of this its Credit Support Provider, if any, to execute Agreement and such and deliver this Agreement, any Confirmation, Confirmation and any Credit Support Document Documents to which it is a party, and to evidence the authority of the delivering party to its Credit Support Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- Barclays be. --------------------------- ---------------------------------------------------- ---------------------- ---------------------------- BSFP and the Counterparty A certificate of an Concurrently with Yes Counterparty authorized officer of the Upon the execution and of the Yes party, as to delivery of the the incumbency and Confirmation authority of the and delivery of this respective officers of the party signing this AgreementAgreement and such agreement, any relevant Credit Support Document, Confirmation or any Confirmation, as the case may be -------------------------------------------------------------------------------------be. --------------------------- ---------------------------------------------------- ---------------------- ---------------------------- BSFP An opinion of counsel (which may include in-house Closing Date No counsel) reasonably satisfactory to Counterparty. --------------------------- ---------------------------------------------------- ---------------------- ---------------------------- Counterparty Executed copy of the Credit Support Document Upon execution Yes specified herein. --------------------------- ---------------------------------------------------- ---------------------- ---------------------------- Counterparty Copy of any notice delivered under the Pooling and Upon availability Yes Servicing Agreement that impacts this Confirmation --------------------------- ---------------------------------------------------- ---------------------- ----------------------------
Appears in 1 contract
Sources: Mortgage Derivatives Confirmation and Agreement (CWABS Asset-Backed Certificates Trust 2006-9)
Documents to be Delivered. For the purpose of Section 4(a):
(1a) Tax forms, documents, documents or certificates to be delivered are: --------------------------------------------------------------------------------------------------------------- Party required to deliver Form/Document/ Document/Certificate Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------- Barclays and the Counterparty Any document required or Promptly after the earlier of Counterparty or reasonably requested to allow (i) reasonable demand by to allow the other party to make either party or (ii) learning party to make within 30 payments that such form or document is under this Agreement required days of the Transfer Date. without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate. ---------------------------------------------------------------------------------------------------------------
(2b) Other documents Documents to be delivered are: ------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------- Party required to Form/Document/ Document/Certificate Date by which Covered by to deliver to be Covered by delivered 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. ------------------------------------------------------------------------------------- document representation -------------------------------------------------------------------------------------------------------------------------------- Barclays and the Any documents Concurrently with required or Transfer Date. 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 or its Credit Support Provider, if any, to execute and deliver this Agreement, any Confirmation, and any Credit Support Document Documents to which it is a party, and to evidence the authority of the delivering party to its Credit Support Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- be. -------------------------------------------------------------------------------------------------------------------------------- Barclays and the A certificate of an Concurrently with authorized Transfer Date 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 Agreementagreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be. June 28, 2006 d1249296BsSUv5c1
Appears in 1 contract
Sources: Assignment Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S3)
Documents to be Delivered. For the purpose of Section 4(a):
(1a) Tax formsform, documents, documents or certificates to be delivered are: are:- --------------------------------------------------------------------------------------------------- PARTY REQUIRED TO DELIVER FORM/DOCUMENT/ DOCUMENT CERTIFICATE DATE BY WHICH TO BE DELIVERED --------------------------------------------------------------------------------------------------- Party required to Form/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays B A duly completed and the Any document required Promptly after the earlier of Counterparty or reasonably requested executed Internal (i) reasonable demand by to allow Before the other either party first Payment Date Revenue Form W-8 or W-9 (or any under this Agreement and (ii) promptly successor thereto) as requested by upon learning party to make payments that any such form Party A with respect to any payments previously provided by Party B has received by Party B become obsolete or document is under this Agreement required without incorrect --------------------------------------------------------------------------------------------------- Party A A duly completed and executed Internal Promptly (i) upon request by Party B Revenue Form 4224 (or any deduction successor and (ii) upon learning that any such thereto) as requested by Party B with form previously provided by Party A respect to any payments received by has become obsolete or withholding for or on account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------incorrect Party A ---------------------------------------------------------------------------------------------------
(2b) Other documents Documents to be delivered are: ------------------------------------------------------------------------------------- Party required to Form--------------------------------------------------------------------------------------------------- PARTY REQUIRED TO DELIVER FORM/Document/ Date by which to be Covered by Section deliver document Certificate delivered DOCUMENT/ COVERED BY DOCUMENT CERTIFICATE DATE BY WHICH TO BE DELIVERED SECTION 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling and Concurrently with Yes Servicing Agreement, --------------------------------------------------------------------------------------------------- Party A Signature Authentication from upon the execution and dated as of April 1this Yes Party A's Signature Book Agreement and, delivery if requested, Upon execution of the 2004Confirmation of any subsequent Transaction --------------------------------------------------------------------------------------------------- Party B A certificate, (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 reasonably Upon the execution of this Yes satisfactory in form and reasonably requested delivery Agreement and, if requested, substance, of an authorized upon execution of the by officer for Party B certifying Confirmation of any subsequent the receiving Confirmation party to evidence the authority authority, names and true Transaction signatures of the delivering party to execute and deliver officers signing this Agreement, any Confirmation, Agreement and any Credit Support Document and the officers of other entities or agents, including the Trading Advisor, authorized to which it sign any Confirmations or approve any Transactions --------------------------------------------------------------------------------------------------- Party B Certified copy of (i) the Upon execution of this Yes current Investment Management Agreement and promptly upon Agreement and Limited any material amendment thereto Partnership Agreement or (ii) relating to (i) the investment if Party B is a partyregistered policies of Party B or (ii) investment company, and to evidence the authority the power of the delivering party Trading registration statement of Advisor to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- Barclays and the A certificate make discretionary Party B investments on behalf of an Concurrently with Yes Counterparty authorized officer Party B --------------------------------------------------------------------------------------------------- Party B Copies of Certified Offering Upon the execution of this No Memorandum, Partnership Agreement Agreement and Disclosure Documents. --------------------------------------------------------------------------------------------------- Party B A duly executed letter from Upon the execution of this Yes the partyTrading Advisor in the Agreement and, as to delivery if requested, form of the the incumbency and Exhibit C. upon execution of any 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 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Sources: Isda Master Agreement (Campbell Strategic Allocation Fund Lp)
Documents to be Delivered. For the purpose of Section FOR THE PURPOSE OF SECTION 4(a):
(1a) Tax forms, documents, documents or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DATE BY WHICH TO BE COVERED BY SECTION DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ CERTIFICATE DELIVERED 3(d) REPRESENTATION ----------------- ------------------------------------- --------------------- ------------------- BNY and the Counterparty Any document required or Promptly after the Yes reasonably requested to allow 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 reasonable demand this Agreement required without any by either party or deduction or withholding for or on (ii) learning that the account of any Tax tax. such form or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------document is required
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to FormPARTY REQUIRED TO DATE BY WHICH TO BE COVERED BY SECTION DELIVER DOCUMENT FORM/Document/ Date by which to be Covered by Section deliver document Certificate delivered 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 REPRESENTATION ----------------- ------------------------------------- --------------------- ------------------- BNY A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes officer of the party, as to the and delivery of the the incumbency and Confirmation authority of the this Agreement respective officers of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, PARTY REQUIRED TO DATE BY WHICH TO BE COVERED BY SECTION DELIVER DOCUMENT FORM/DOCUMENT/ CERTIFICATE DELIVERED 3(d) REPRESENTATION ----------------- ------------------------------------- --------------------- ------------------- as the case may be -------------------------------------------------------------------------------------be.
(i) a copy of the executed Pooling Upon the later of, Yes and Servicing Agreement, and (ii) receipt by such an incumbency certificate party, or within 30 verifying the true signatures and days after the date authority of the person or persons of this Agreement signing this letter agreement on behalf of the Counterparty.
BNY A copy of the annual balance sheet Promptly after Yes from the most recent publicly request by the available regulatory call report. Counterparty (if available on ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇, such delivery is not required) BNY Legal Opinion as to enforceability Upon the execution Yes of this Agreement. and delivery of this Agreement. Counterparty Certified copy of the Board of Upon the execution Yes Directors resolution (or equivalent and delivery of authorizing documentation) which sets this Agreement. forth the authority of each signatory to the Confirmation signing on its behalf and the authority of such party to enter into Transactions contemplated and performance of its obligations hereunder.
Appears in 1 contract
Documents to be Delivered. For the purpose of Section 4(aFOR THE PURPOSE OF SECTION 4(A):
(1a) Tax forms, documents, documents or certificates to be delivered are: Party required to FormPARTY COVERED BY REQUIRED TO DATE BY WHICH SECTION 3(D) DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ CERTIFICATE TO BE DELIVERED REPRESENTATION ---------------- ----------------------------------------- ---------------------------- -------------- BNY and the Any document required or reasonably Promptly after the earlier Yes Counterparty requested to allow the other party to of Counterparty or reasonably requested (i) reasonable demand by to allow the other make payments under this Agreement 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 learning that such form or or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------tax. document is required
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to FormPARTY COVERED BY REQUIRED TO DATE BY WHICH SECTION 3(D) DELIVER DOCUMENT 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 DOCUMENT/ CERTIFICATE TO BE DELIVERED REPRESENTATION ---------------- ----------------------------------------- ---------------------------- -------------- BNY A certificate of an Concurrently with Yes Counterparty authorized officer of Upon the execution and of Yes the party, as to delivery of the the incumbency and Confirmation delivery of this Agreement authority of the respective officers of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be.
(i) a copy of the executed Pooling and Upon the later of, receipt Yes PARTY COVERED BY REQUIRED TO DATE BY WHICH SECTION 3(D) DELIVER DOCUMENT FORM/DOCUMENT/ CERTIFICATE TO BE DELIVERED REPRESENTATION ---------------- ----------------------------------------- ---------------------------- -------------- Servicing Agreement, and (ii) an by such party, or within 30 incumbency certificate verifying the true days after the date of this signatures and authority of the person or Agreement persons signing this letter agreement on behalf of the Counterparty.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2007-Ff1)
Documents to be Delivered. For the purpose of Section 4(a) of the ISDA Form Master Agreement):
(1) Tax forms, documents, or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DATE BY WHICH TO DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/CERTIFICATE BE DELIVERED ----------------- -------------------------------- -------------------------- BSFP and the Any document required or Promptly after the earlier of the Counterparty or reasonably requested to allow of (i) reasonable demand by to allow the other party to make payments by either party or (ii) under this Agreement without any learning party to make payments that such form or document is under this Agreement required without any deduction or withholding for or document is required on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party N-3-5 PARTY REQUIRED TO DATE BY WHICH TO COVERED BY SECTION 3(D) DELIVER DOCUMENT FORM/DOCUMENT/CERTIFICATE BE DELIVERED REPRESENTATION ----------------- -------------------------------- -------------------------- ----------------------- BSFP and Any documents 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 Upon the execution and dated as of April 1, delivery of Yes 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 delivery of this Agreement the authority of the and such Confirmation delivering party or its Credit Support Provider, if any, for it to execute and deliver this Agreement, any Confirmation, and any Credit Support Document 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 ------------------------------------------------------------------------------------- Barclays BSFP and the A certificate of an Concurrently with Upon the execution and Yes the Counterparty authorized officer the execution and of the delivery of this Agreement party, as to delivery of the 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 Monthly rate set letter to On or prior to each No Counterparty Floating Rate Payer Payment Date Counterparty An executed copy of the Within 30 days after the No Pooling and Servicing date of this Agreement. Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (OwnIt Mortgage Loan Trust Series 2006-6)
Documents to be Delivered. For the purpose of Section 4(a):
(1a) Tax forms, documents, documents or certificates to be delivered are: ---------------------------------------- -------------------------------------- -------------------------------------- Party required to deliver document Form/Document/ Document/Certificate Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- ---------------------------------------- -------------------------------------- -------------------------------------- Barclays and the Counterparty Any document required or reasonably Promptly after the earlier of Counterparty or reasonably requested to allow the other party (i) reasonable demand by either to allow the other either make payments under this party or (ii) learning party to make payments that such form or document is under this within 30 days of the Agreement required without any deduction or Transfer Date. withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate. ---------------------------------------- -------------------------------------- --------------------------------------
(2b) Other documents Documents to be delivered are: ------------------------------------------------------------------------------------- ; ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party required to deliver Form/Document/ Document/Certificate 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. ------------------------------------------------------------------------------------- document delivered representation ------------------------------- ---------------------------- ---------------------------- ---------------------------- Barclays and the Counterparty Any documents Concurrently with Yes Counterparty required or the execution and Transfer Date Yes reasonably requested delivery of the by the receiving Confirmation party to evidence the authority of the delivering party or its Credit Support Provider, if any, to execute and deliver this Agreement, any Confirmation, and any Credit Support Document Documents to which it is a party, and to evidence the authority of the delivering party to its Credit Support Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- be. ------------------------------- ---------------------------- ---------------------------- ---------------------------- Barclays and the Counterparty A certificate of an Concurrently with Transfer Date 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 Agreementagreement, any relevant Credit Support Document, or any ------------------------------- ---------------------------- ---------------------------- ---------------------------- Page 7 of 12 ------------------------------- ---------------------------- ---------------------------- ---------------------------- Confirmation, as the case may be -------------------------------------------------------------------------------------be. ------------------------------- ---------------------------- ---------------------------- ----------------------------
Appears in 1 contract
Sources: Assignment Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-D)
Documents to be Delivered. For the purpose purposes of Section 4(a):4(a)(i) and (ii) each party agrees to deliver the following documents as applicable:
(1a) Tax forms, documents, 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 Page 25
(i) reasonable demand On the execution of this Agreement; Party B. reasonably required or and reasonably requested by to allow the other either a party or in connection with its (ii) learning subsequently, upon demand. obligations to make a payment under this Agreement which would enable that party to make payments that such form or document is under this Agreement required without the payment free from any deduction or withholding for or on account of any Tax or with such as would reduce the rate at which deduction or withholding at a reduced rate --------------------------------------------------------------------------------for or on account of Tax is applied to that payment. ------------------------ ------------------------------- -------------------------------------------
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- ------------------------ ------------------------------- ------------------------ ------------------ PARTY REQUIRED TO DOCUMENT DATE BY WHICH TO BE COVERED BY DELIVER DELIVERED SECTION 3(D) REPRESENTATIONS ------------------------ ------------------------------- ------------------------ ------------------ Party required to Form/Document/ Date by which to be Covered by Section deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling A, Party B and Concurrently with Yes Servicing Agreement, A copy of the power of On execution and dated as of April 1, Yes. the Trust Manager. attorney authorising 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 this execution and reasonably requested delivery of the by the receiving Confirmation attorney of Agreement. this Agreement. ------------------------ ------------------------------- ------------------------ ------------------ Party A, Party B and A list of authorised On execution of any Yes. the Trust Manager. signatories for the party and relevant Confirmation. evidence satisfactory in form and substance to evidence the other parties of the authority of the delivering authorised signatories of the party to execute each Confirmation on behalf of that party. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of the Master Trust On execution and deliver No. Deed, the Series Notice, the delivery of this Security Trust Deed, the Note Agreement or in the Trust Deed, the Notice of case of a document not Creation of Trust and the executed as at the Agency Agreement. date of this Agreement, any Confirmation, and any Credit Support Document to which it is a party, and to evidence the authority upon execution 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 that document. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A certificate copy of an Concurrently with Yes Counterparty authorized officer Australian legal On or before the execution Note No. opinion addressed to, among Issue Date. others, Party A in form and of the party, as substance satisfactory 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 -------------------------------------------------------------------------------------Party A. ------------------------ ------------------------------- ------------------------ ------------------
Appears in 1 contract
Sources: Isda Master Agreement (Interstar Securitisation Management Pty LTD)
Documents to be Delivered. For the purpose of Section 4(a) (i) and 4(a) (iii):
(1) Tax forms, documents, or certificates to be delivered are: --------------------------------------------------------------------------------------------------------- PARTY REQUIRED TO DELIVER FORM/DOCUMENT/ DATE BY WHICH TO BE DELIVERED DOCUMENT CERTIFICATE --------------------------------------------------------------------------------------------------------- Party required to Form/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays A and the Any document required or Promptly after the earlier of Counterparty or reasonably requested (i) reasonable Party B reasonably requested to allow demand by to allow the other either party or (ii) learning that the other party to make payments that such form or document is required payments under this Agreement required 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 (unless publicly available) are: ------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------- PARTY REQUIRED TO DELIVER FORM/DOCUMENT/ DATE BY WHICH TO BE DELIVERED COVERED BY SECTION DOCUMENT CERTIFICATE 3(D) REPRESENTATION ----------------------------------------------------------------------------------------------------------------- Party required A and Party B Any documents 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, evidence the Upon 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 delivery of this Agreement party for it to execute and and such Confirmation. deliver this Agreement, any Confirmation, . ----------------------------------------------------------------------------------------------------------------- Party A 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 Party B A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes officer of the party, as to the delivery of the the this Confirmation. incumbency and Confirmation authority of the respective officers of the party signing this Confirmation. ----------------------------------------------------------------------------------------------------------------- Party A Legal opinion(s) with respect Within 5 Local Business Days No to such party and its Credit of execution hereof Support Provider, if any, for it, reasonably satisfactory in form and substance to the other party relating to the enforceability of the party's obligations under this Agreement. ----------------------------------------------------------------------------------------------------------------- Party A A copy of the most recent To be made available on Yes annual report of such party www.deutschebank.de/ir/en/ as (▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇) ▇▇▇ its soon as available and in any Credit Support Provider, if event within 90 days after any, containing in all cases the end of each fiscal year audited consolidated financial of Party A statements for each fiscal year certified by independent certified public accountants and ----------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------- PARTY REQUIRED TO DELIVER FORM/DOCUMENT/ DATE BY WHICH TO BE DELIVERED COVERED BY SECTION DOCUMENT CERTIFICATE 3(D) REPRESENTATION ----------------------------------------------------------------------------------------------------------------- prepared in accordance with generally accepted accounting principles in the United States or in the country in which such party is organized. ----------------------------------------------------------------------------------------------------------------- Party B Each other report or other Promptly upon request by No document required to be Party A, or with respect to delivered by or to Party B any particular type of report under the terms of the Pooling or other document as to which and Servicing Agreement, any relevant Credit Support Documentother Party A has previously made than those required to be request to receive all delivered directly by the reports or documents of that Trustee to Party A thereunder. type, promptly upon delivery or any Confirmation, as the case may receipt of such report or document by Party B and delivery shall be -------------------------------------------------------------------------------------satisfied by posting such report on Party B's website http://www.usbank.com/mbs. -----------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Sources: Confirmation Swap Agreement (RAMP Series 2007-Rs1 Trust)
Documents to be Delivered. For the purpose purposes of Section 4(a):4(a)(i) and Section 4(a)(ii), each party agrees to deliver the following documents, as applicable:
(1a) Tax forms, documents, documents or certificates to be delivered are: PARTY REQUIRED DATE BY WHICH DOCUMENT TO DELIVER DOCUMENT FORM/DOCUMENT/CERTIFICATE TO BE DELIVERED -------------------------------- --------------------------------------------- --------------------------------------------- Party required to Form/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays A and the Party B Any document or certificate reasonably As soon as reasonably practicable following a required Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by to allow a party request by the other either party or (ii) learning party. in connection with its obligations to make a payment under this Agreement which would enable that party to make payments that such form or document is under this Agreement required without the payment free from any deduction or withholding for or on account of any Tax or with such as would reduce the rate at which deduction or withholding at a reduced rate --------------------------------------------------------------------------------for or on account of Tax is applied to that payment.
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- PARTY REQUIRED DATE BY WHICH DOCUMENT TO DELIVER DOCUMENT FORM/DOCUMENT/CERTIFICATE TO BE DELIVERED -------------------------------- --------------------------------------------- --------------------------------------------- Party required to Form/Document/ Date by which to be Covered by Section deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling A, Party B and Concurrently with Yes Servicing Agreement, the Manager A list of authorised signatories for the At the execution of this Agreement and dated as of April 1, delivery party and evidence satisfactory in form and thereafter promptly upon any change in substance to the other party of the 2004, (the "PSA") Confirmation among the Counterparty, Asset Backed Funding Corporation and Option One Mortgage Corporationauthority authorised persons or upon request. ------------------------------------------------------------------------------------- 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 authorised signatories of the delivering party to execute this Agreement and deliver this Agreementeach Confirmation on behalf of the party. Party A A copy of the most recent annual report of Upon reasonable request by Party B or the the party containing consolidated financial Manager. statements, any Confirmationcertified by independent public accountants and prepared in accordance with accounting principles that are generally accepted in the country which Party A is organised, and any Credit Support Document to which it is a partysuch other public information respecting its condition or operations, and to evidence the authority of the delivering party to perform its obligations under this Agreement, such Confirmation and/or Credit Support Documentfinancial or otherwise, as the case other party may reasonably request from time to time. PARTY REQUIRED DATE BY WHICH DOCUMENT TO DELIVER DOCUMENT FORM/DOCUMENT/CERTIFICATE TO BE DELIVERED -------------------------------- --------------------------------------------- --------------------------------------------- Party A The financial data relating to Party A If Party B or the Manager notifies Party A required to be ------------------------------------------------------------------------------------- Barclays and disclosed by the Manager in that the significance percentage as computed the Manager's reasonable judgment pursuant to by the Manager in accordance with Regulation Item 1115(b)(1) of Regulation AB. AB is or becomes 10% or greater, in accordance with Part 5(x). Party A The financial statements relating to Party A If Party B or the Manager notifies Party A required to be disclosed by the Manager in that the significance percentage as computed the Manager's reasonable judgment pursuant to by the Manager in accordance with Regulation Item 1115(b)(2) of Regulation AB. AB is or becomes 20% or greater, in accordance with Part 5(x). Party A A certificate of an Concurrently with Yes Counterparty authorized officer authorised person of At the execution of this Agreement and Party A certifying that the information thereafter upon the provision of any provided by Party A to the Manager for use in financial data or financial statements as may a prospectus is true and accurate in all be required above. material respects. The Manager Copies of any reports or accounts relating to Upon reasonable request by Party A subject to the Securitisation Fund as are produced for not being obliged to deliver any document if distribution to Noteholders or presentation to do so would breach or infringe any law or to the Board of Directors of the party, as to delivery Manager and legally binding obligation or restraint. such other information in the Manager's control regarding the financial condition and business operations of the the incumbency and Confirmation authority Securitisation Fund as Party A may reasonably require from time to time The Manager A copy of the respective officers Master Trust Deed certified to The date of this Agreement. be a true copy by two authorised signatories of the party signing Manager. The Manager A copy of any document amending or varying Promptly upon any such document becoming the terms of the Master Trust Deed certified effective in accordance with its terms. to be a true copy by two authorised signatories of the Manager. PARTY REQUIRED DATE BY WHICH DOCUMENT TO DELIVER DOCUMENT FORM/DOCUMENT/CERTIFICATE TO BE DELIVERED -------------------------------- --------------------------------------------- --------------------------------------------- The Manager A copy of the Security Trust Deed and any 5 Local Business Days prior to the date of disclosure document relating to Notes in the first Transaction made under this connection with the Securitisation Fund Agreement, any relevant Credit Support Document, or any Confirmation, as . certified to be a true copy by two authorised signatories of the case may be -------------------------------------------------------------------------------------Manager. Each of the documents in Part 3(a) and Part 3(b) of this Schedule are covered by the representation contained in Section 3(d).
Appears in 1 contract
Documents to be Delivered. For the purpose of Section 4(a) of the ISDA Form Master Agreement):
(1) Tax forms, documents, or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DELIVER DATE BY WHICH TO DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/CERTIFICATE BE DELIVERED ------------------------- ------------------------- ---------------- BSFP and the Any document required or reasonably Promptly after the earlier of the Counterparty or reasonably requested (i) reasonable demand by to allow the other party to earlier of (i) make payments under this Agreement reasonable demand by without any deduction or withholding for 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 the account of any Tax or with learning that such such deduction or withholding at a form or document is reduced rate --------------------------------------------------------------------------------required
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to FormPARTY REQUIRED TO DELIVER DATE BY WHICH TO COVERED BY SECTION 3(D) DOCUMENT FORM/Document/ Date by which to be Covered by Section deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling DOCUMENT/CERTIFICATE BE DELIVERED REPRESENTATION --------------- ------------------------- ---------------- ----------------------- BSFP 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 Upon the execution Yes the Counterparty party to evidence the authority of the and delivery of this delivering party or its Credit Support Agreement and such Provider, if any, for it to execute and Confirmation deliver this Agreement, any Confirmation, and any Credit Support Document Documents to which it is a party, and to evidence the authority of the delivering party or its Credit Support PARTY REQUIRED TO DELIVER DATE BY WHICH TO COVERED BY SECTION 3(D) DOCUMENT FORM/DOCUMENT/CERTIFICATE BE DELIVERED REPRESENTATION --------------- ------------------------- ---------------- ----------------------- Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- Barclays BSFP and the A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes the Counterparty of the party, as to delivery of the the incumbency and Confirmation and delivery of this authority of the respective officers of Agreement and such the party signing this Agreement, any Confirmation relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------BSFP Monthly rate set letter to Counterparty On or prior to each No No Floating Rate Payer Payment Date Counterparty An executed copy of the Pooling and Within 30 days after No Servicing Agreement. No the date of this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates Series 2006-5)
Documents to be Delivered. For the purpose of Section 4(a) of the ISDA Form Master Agreement):
(1) Tax forms, documents, or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/CERTIFICATE DATE BY WHICH TO BE DELIVERED ------------------------- ----------------------------------------- --------------------------------- BSFP and the Counterparty Any document required or reasonably Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by requested to allow the other party to reasonable demand by either party make payments under this Agreement or (ii) learning party to make payments that such form or document is under this Agreement required without any deduction or withholding for or document is required or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to FormPARTY REQUIRED COVERED BY SECTION 3(D) TO DELIVER DOCUMENT 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 DOCUMENT/CERTIFICATE DATE BY WHICH TO BE DELIVERED REPRESENTATION ------------------------- ----------------------------------------- ----------------------------- ----------------------- BSFP and the Any documents Concurrently with Yes Counterparty required or by the receiving Upon the execution and reasonably requested delivery of the by the receiving Confirmation Yes Counterparty party to evidence the authority of the delivery of this Agreement and such Reference Number: FXNEC8830 LaSalle Bank National Association, as Trustee for OwnIt Mortgage Loan Trust, Series 2006-7 November 3, 2006 Page 6 of 16 delivering party or its Credit Support Confirmation Provider, if any, for it to execute and deliver this Agreement, any Confirmation, and any Credit Support Document 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 ------------------------------------------------------------------------------------- Barclays BSFP and the A certificate of an Concurrently with Yes Counterparty authorized officer of Upon the execution and of Yes Counterparty the party, as to delivery of the the incumbency and Confirmation delivery of this Agreement authority of the respective officers of and such Confirmation the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------BSFP Monthly rate set letter to Counterparty On or prior to each No Floating Rate Payer Payment Date Counterparty An executed copy of the Pooling Within 30 days after No and Servicing Agreement. receipt of such agreement.
Appears in 1 contract
Documents to be Delivered. For the purpose of Section 4(a):) of the ISDA Master Agreement:
(1i) Tax forms, documents, or certificates to be delivered are: ---------------------------------------- -------------------------------------- -------------------------------------- Party required to deliver Form/Document/ Date by which to document Certificate be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays ---------------------------------------- -------------------------------------- -------------------------------------- Party A and the Party B Any document required or reasonably Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by requested to allow the other party reasonable demand by either party or to make payments under this (ii) learning party to make payments that such form or document is under this Agreement required Transaction without any deduction or document is required withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate ------------------------------------------------------------------------------------------------------------------------ -------------------------------------- --------------------------------------
(2ii) Other documents to be delivered are: ------------------------------------------------------------------------------------- ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party required to deliver Form/Document/ Date by which to be Covered by Section deliver 3(d) document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party A and Concurrently with Yes Servicing Agreement, Party B Any documents required by Upon the execution and dated as of April 1, Yes the receiving party to 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 this evidence the authority of Transaction and such the delivering party or Confirmation its Credit Support Provider, if any, for it to execute and deliver this Agreement, any Confirmation, and any Credit Support Document 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 AgreementTransaction, such Confirmation and/or Credit Support ------------------------------- ---------------------------- ---------------------------- ---------------------------- Risk ID: 1378029L/Effort ID: 1160472/Global Deal ID: 2788180 ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party required to deliver Form/Document/ Date by which to be Covered by Section 3(d) document Certificate delivered Representation ------------------------------- ---------------------------- ---------------------------- ---------------------------- Document, as the case may be ------------------------------------------------------------------------------------- Barclays ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party A and the party B A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes authorized officer of the delivery of this party, as to delivery of the the Transaction and such incumbency and authority Confirmation authority of the respective officers of the party signing this AgreementConfirmation, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------------------------------------- ---------------------------- ---------------------------- ---------------------------- Party B An executed copy of the Within 30 calendar days No Indenture after the date of Confirmation ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party B Noteholder Report Each Determination Date or Yes otherwise in accordance with the terms of the Indenture ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party B Monthly report At such time as each Yes Monthly Report is delivered to the Indenture Trustee ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party A A guarantee of Lehman Upon execution of the No Brothers Holdings Inc. assignment of this substantially in the form Transaction of Exhibit A to this Confirmation ------------------------------- ---------------------------- ---------------------------- ----------------------------
Appears in 1 contract
Sources: Assignment Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-I)
Documents to be Delivered. For the purpose of Section 4(a):SECTION 4(a):-
(1a) Tax forms, documents, documents or certificates to be delivered are: are:- PARTY REQUIRED TO DELIVER DATE BY WHICH DOCUMENT FORM/DOCUMENT/CERTIFICATE TO BE DELIVERED -------------- ------------------------- ---------------- Party required to Form/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays and the Any document required A Tax Forms Promptly after upon the earlier of Counterparty or reasonably requested (i) reasonable demand by to allow the other either party Party B or (ii) learning party to make payments that such the form or document is under this Agreement required without any deduction required. Party B Tax Forms Promptly upon the earlier of (i) reasonable demand by Party A or withholding for (ii) learning that the form or on account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------document is required.
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to Form/Document/ Date by which to be Covered by Section deliver document Certificate delivered are:- PARTY REQUIRED COVERED BY TO DELIVER DATE BY WHICH SECTION 3(d) Representation ------------------------------------------------------------------------------------- Counterparty DOCUMENT FORM/DOCUMENT/CERTIFICATE TO BE DELIVERED REPRESENTATION ---------- ------------------------- --------------- -------------- Party A 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 Upon execution No listed in Part 4, of this Agreement Section(f). Party A An incumbency certificate Upon execution of Yes with respect to the this Agreement signatory of this Agreement. Party B An incumbency certificate Upon execution of Yes with respect to the this Agreement signatory of this Agreement. Party B An opinion of Party B's Promptly after Yes counsel substantially in the execution of this form of Exhibit B to this Agreement. Schedule. Party B A certified copy of the Upon execution of Yes resolution or resolutions this Agreement (the Authorizing Resolution) (unless an Authorizing of the board of directors of Resolution has Party B, certified by a previously been secretary, or an assistant furnished by Party B secretary of Party B, to Party A), and, pursuant to which it Party B is with respect to authorized to enter into each Transaction this Agreement and each not covered by a party, and to evidence the authority of the delivering party to perform its obligations Transaction entered into previously furnished under this Agreement. Authorizing Resolution, 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 within five (5) Business Days of the partyTrade Date. Party B Unaudited quarterly Within 45 days after Yes financial statements of each fiscal quarter Party B end of Party B or, as to delivery if publicly available, when publicly available. Party B Audited annual financial Within 60 days after Yes statements of the the incumbency and Confirmation authority Party B each fiscal year end of the respective officers of the party signing this AgreementParty B or, any relevant Credit Support Documentif publicly available, or any Confirmation, as the case may be -------------------------------------------------------------------------------------when publicly available.
Appears in 1 contract
Sources: Isda Master Agreement (Magnetek Inc)
Documents to be Delivered. For the purpose of Section 4(a4(a of the ISDA Form Master Agreement):
(1) Tax forms, documents, or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DATE BY WHICH TO DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ CERTIFICATE BE DELIVERED ----------------- ------------------------------ --------------------------- BSFP and the Any document required or Promptly after the earlier of the Counterparty or reasonably requested to allow of (i) reasonable demand by to allow the other party to make either party or (ii) payments under this Agreement learning party to make payments that such form or document is under this Agreement required without any deduction or document is required withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party PARTY REQUIRED TO DATE BY WHICH TO COVERED BY SECTION DELIVER DOCUMENT FORM/DOCUMENT/ CERTIFICATE BE DELIVERED 3(D) REPRESENTATION ----------------- ------------------------------ --------------------------- -------------------- BSFP and Any documents 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 Upon the execution and dated as of April 1, delivery of Yes 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 delivery of this Agreement the authority of the and such Confirmation delivering party or its Credit Support Provider, if any, for it to execute and deliver this Agreement, any ConfirmationConfirmation , and any Credit Support Document Documents to which it is a party, and to PARTY REQUIRED TO DATE BY WHICH TO COVERED BY SECTION DELIVER DOCUMENT FORM/DOCUMENT/ CERTIFICATE BE DELIVERED 3(D) REPRESENTATION ----------------- ------------------------------ --------------------------- -------------------- 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 ------------------------------------------------------------------------------------- Barclays BSFP and the A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes the Counterparty officer of the party, as to delivery of the this Agreement the incumbency and authority and such 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 -------------------------------------------------------------------------------------BSFP Monthly rate set letter to On or prior to each No Counterparty Floating Rate Payer Payment Date Counterparty An executed copy of the Within 30 days after the No Pooling and Servicing date of this Agreement. Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-Ahl1)
Documents to be Delivered. For the purpose of Section 4(a):
(1a) Tax forms, documents, documents or certificates to be delivered are: ------------------------------------------------------------------------------- Party required to Form/Document/ Document/Certificate Date by which to be deliver delivered deliver document Certificate -------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Barclays and the Counterparty Any document required or Promptly after the reasonably requested to earlier of Counterparty or reasonably requested (i) allow the other party to reasonable demand by to allow the other make payments under this either party or (ii) learning party to make payments that such form or document is under this Agreement required without any within 30 days of the deduction or withholding Transfer Date. for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate. -------------------------------------------------------------------------------
(2b) Other documents Documents to be delivered are: ------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- Party required to Form/Document/ Document/Certificate Date by which to be Covered by Section deliver document Certificate delivered Section 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. ------------------------------------------------------------------------------------- representation --------------------------------------------------------------------------------------------- Barclays and the Any documents Concurrently with required or Transfer Date. 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 or its Credit Support Provider, if any, to execute and deliver this Agreement, any Confirmation, and any Credit Support Document Documents to which it is a party, --------------------------------------------------------------------------------------------- Page 6 of 11 --------------------------------------------------------------------------------------------- and to evidence the authority of the delivering party to its Credit Support Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- be. --------------------------------------------------------------------------------------------- Barclays and the A certificate of an Concurrently with Transfer Date 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 Agreementagreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be. ---------------------------------------------------------------------------------------------
Appears in 1 contract
Sources: Assignment Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-G)
Documents to be Delivered. For the purpose purposes of Section 4(a):4(a)(i) and (ii) each party agrees to deliver the following documents as applicable:
(1a) Tax forms, documents, 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 On the execution of this Agreement; Party B. reasonably required or and reasonably requested by to allow the other either a party or in connection with its (ii) learning subsequently, upon demand. obligations to make a payment under this Agreement which would enable that party to make payments that such form or document is under this Agreement required without the payment free from any deduction or withholding for or on account of any Tax or with such as would reduce the rate at which deduction or withholding at a reduced rate --------------------------------------------------------------------------------for or on account of Tax is applied to that payment. ------------------------ ------------------------------- ------------------------------------------- -------------------------------------------------------------------------------- Page 26
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- ------------------------ ------------------------------- ------------------------ ------------------ PARTY REQUIRED TO DOCUMENT DATE BY WHICH TO BE COVERED BY DELIVER DELIVERED SECTION 3(D) REPRESENTATIONS ------------------------ ------------------------------- ------------------------ ------------------ Party required to Form/Document/ Date by which to be Covered by Section deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling A, Party B and Concurrently with Yes Servicing Agreement, A copy of the power of On execution and dated as of April 1, Yes. the Trust Manager. attorney authorising 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 this execution and reasonably requested delivery of the by the receiving Confirmation attorney of Agreement. this Agreement. ------------------------ ------------------------------- ------------------------ ------------------ Party A, Party B and A list of authorised On execution of any Yes. the Trust Manager. signatories for the party and relevant Confirmation. evidence satisfactory in form and substance to evidence the other parties of the authority of the delivering authorised signatories of the party to execute each Confirmation on behalf of that party. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of the Master Trust On execution and deliver No. Deed, the Series Notice, the delivery of this Security Trust Deed, the Note Agreement or in the Trust Deed, the Notice of case of a document not Creation of Trust and the executed as at the Agency Agreement. date of this Agreement, upon execution of that document. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of an Australian legal On or before the Note No. opinion addressed to, among Issue Date. others, Party A in form and substance satisfactory to Party A. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of an Australian tax On or before the Note No. opinion addressed to, among Issue Date. others, Party A in form and substance satisfactory to Party A. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of 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, notice provided At such Confirmation and/or Credit Support Document, time as the case may be ------------------------------------------------------------------------------------- Barclays and Yes. by the A certificate of an Concurrently with Yes Counterparty authorized officer Trust Manager to the execution and of relevant notice is US$ Noteholders. provided by the party, as Trust Manager 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 -------------------------------------------------------------------------------------US$ Noteholders. ------------------------ ------------------------------- ------------------------ ------------------ PART 4
Appears in 1 contract
Sources: Isda Master Agreement (Interstar Securitisation Management Pty LTD)
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/ Certificate Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- ----------------------------------- -------------------------------- -------------------------------- Barclays and the Counterparty Any document required or Promptly after the earlier of Counterparty or reasonably requested to allow (i) reasonable demand by to allow the other party to make either party or (ii) learning party to make payments under this Agreement that such form or document is under this Agreement required without any deduction or required. withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate. ----------------------------------- -------------------------------- --------------------------------
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- -------------------------- ------------------------ ------------------------ ------------------------ Covered by Party required to Form/Document/ Date by which to be Covered by Section 3(d) deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- -------------------------- ------------------------ ------------------------ ------------------------ Counterparty The Pooling and Concurrently with An opinion of Within 10 Business Yes Servicing Agreement, Counterparty's counsel Days from the addressed to Barclays execution and dated as of April 1, delivery in form and substance of the 2004, (the "PSA") Confirmation among the Counterparty, Asset Backed Funding Corporation and Option One Mortgage Corporation. ------------------------------------------------------------------------------------- reasonably acceptable to 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 Effective Date 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 --------------------------------------------------------------------------------------------------------------- ------------------------ ------------------------ ------------------------ Counterparty Pooling and Servicing Effective Date Yes Agreement, dated as of February 1, 2006, among Securitized Asset Backed Receivables LLC, Fremont Investment & Loan, HomEq Servicing Corporation, MortgageRamp, Inc., and the Counterparty (the "Pooling and Servicing Agreement"). -------------------------- ------------------------ ------------------------ ------------------------
Appears in 1 contract
Sources: Pooling and Servicing Agreement (SABR LLC Trust 2006-Fr1)
Documents to be Delivered. For the purpose purposes of Section 4(a):4(a)(i) and (ii) each party agrees to deliver the following documents as applicable:
(1a) Tax forms, documents, 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 On the execution of this Agreement; Party B. reasonably required or and reasonably requested by to allow the other either a party or in connection with its (ii) learning subsequently, upon demand. obligations to make a payment under this Agreement which would enable that party to make payments that such form or document is under this Agreement required without the payment free from any deduction or withholding for or on account of any Tax or with such as would reduce the rate at which deduction or withholding at a reduced rate --------------------------------------------------------------------------------for or on account of Tax is applied to that payment. ----------------------------------------------------------------------------------------------------
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- PARTY REQUIRED TO DOCUMENT DATE BY WHICH TO BE COVERED BY DELIVER DELIVERED SECTION 3(D) REPRESENTATIONS ---------------------------------------------------------------------------------------------------- Party required to Form/Document/ Date by which to be Covered by Section deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling A, Party B and Concurrently with Yes Servicing Agreement, A copy of the power of On execution and dated as of April 1, Yes. the Trust Manager. attorney authorising 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 this execution and reasonably requested delivery of the by the receiving Confirmation attorney of Agreement. this Agreement. ---------------------------------------------------------------------------------------------------- Party A, Party B and A list of authorised On execution of any Yes. the Trust Manager. signatories for the party and relevant Confirmation. evidence satisfactory in form and substance to evidence the other parties of the authority of the delivering authorised signatories of the party to execute each Confirmation on behalf of that party. ---------------------------------------------------------------------------------------------------- Trust Manager. A copy of the Master Trust On execution and deliver Yes. Deed, the Series Notice, the delivery of this Security Trust Deed, the Note Agreement or in the Trust Deed, the Notice of case of a document not ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- Creation of Trust and the executed as at the Agency Agreement. date of this Agreement, upon execution of that document. ---------------------------------------------------------------------------------------------------- Trust Manager A copy of an Australian legal [*] 2002. No. opinion addressed to, among others, Party A in form and substance satisfactory to Party A. ---------------------------------------------------------------------------------------------------- Trust Manager A copy of an Australian tax [*] 2002. No. opinion addressed to, among others, Party A in form and substance satisfactory to Party A. ---------------------------------------------------------------------------------------------------- Trust Manager A copy of 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, notice provided At such Confirmation and/or Credit Support Document, time as the case may be ------------------------------------------------------------------------------------- Barclays and Yes. by the A certificate of an Concurrently with Yes Counterparty authorized officer Trust Manager to Class relevant notice is A2 Noteholders. provided by the execution and of the party, as Trust Manager 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 -------------------------------------------------------------------------------------Class A2 Noteholders. ----------------------------------------------------------------------------------------------------
Appears in 1 contract
Sources: Isda Master Agreement (Interstar Securitisation Management Pty LTD)
Documents to be Delivered. For the purpose of Section 4(aFOR THE PURPOSE OF SECTION 4(A):
(1a) Tax forms, documents, documents or certificates to be delivered are: Party required to FormPARTY REQUIRED TO COVERED BY SECTION DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/CERTIFICATE DATE BY WHICH TO BE DELIVERED 3(D) REPRESENTATION ----------------- ---------------------------------------- ----------------------------- ------------------- BNY and the Counterparty Any document required or reasonably Promptly after the earlier of Counterparty or reasonably Yes requested to allow the other party to (i) reasonable demand by to allow the other make payments under this Agreement either party or (ii) learning party to make payments without any deduction or withholding for that such form or document is under this Agreement required without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------tax. required
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to FormPARTY REQUIRED TO COVERED BY SECTION DELIVER DOCUMENT FORM/Document/ Date by which to be Covered by Section deliver document Certificate delivered 3(dDOCUMENT/CERTIFICATE DATE BY WHICH TO BE 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 REPRESENTATION ----------------- ---------------------------------------- ----------------------------- ------------------- BNY A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes of the party, as to delivery of the the incumbency and Confirmation delivery of this Agreement authority of the respective officers of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be. Counterparty (i) a copy of the executed Pooling and Upon the later of, receipt by Yes Servicing Agreement, and (ii) an such party, or within 30 days incumbency certificate verifying the after the date of this true signatures and authority of the Agreement person or persons signing this letter agreement on behalf of the Counterparty.
BNY A copy of the annual balance sheet from Promptly after request by Yes the most recent publicly available the Counterparty (if regulatory call report. available on ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇, such delivery is not required) BNY Legal Opinion as to enforceability of Upon the execution and Yes this Agreement. delivery of this Agreement. Counterparty Certified copy of the Board of Directors Upon the execution and Yes resolution (or equivalent authorizing delivery of this Agreement. documentation) which sets forth the authority of each signatory to the Confirmation signing on its behalf and the authority of such party to enter into Transactions contemplated and performance of its obligations hereunder.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Ff1)
Documents to be Delivered. For the purpose of Section 4(a):
(1a) Tax forms, documents, documents or certificates to be delivered are: -------------------------------------------------------------------------------- Party required to Form/Document/ Document/Certificate Date by which to be delivered deliver document Certificate delivered -------------------------------------------------------------------------------- Barclays BSFP and the Any document required Counterparty An executed U.S. Internal Promptly after the Revenue Service Form W-9 earlier of Counterparty or reasonably requested (i) reasonable (or any successor demand by to allow the other either party or thereto) and any other (ii) learning that such document required or form or document is reasonably requested to required allow the other party to make payments that such form or document is under this Agreement required without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- rate. --------------------------------------------------------------------------------
(2b) Other documents Documents to be delivered are: ------------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Party required to Form/Document/ Document/Certificate Date by Covered by to deliver which to be Covered by Section deliver document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- document delivered representation -------------------------------------------------------------------------------- BSFP and Any documents required or Upon the Yes Counterparty The Pooling and Concurrently with Yes Servicing Agreement, reasonably requested by 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 and delivery authority of the delivering of this party or its Credit Support Agreement Provider, if any, to and such execute and deliver this Confirmation Agreement, any Confirmation, and any Credit Support Document Documents to which it is a party, and to evidence the authority of the delivering party to its Credit Support Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- Barclays be. -------------------------------------------------------------------------------- BSFP and the A certificate of an Concurrently with Upon the Yes Counterparty authorized officer of the execution and of the party, as to delivery of the the incumbency and Confirmation delivery and authority of the of this respective officers of the Agreement party signing this Agreementand such agreement, any relevant Confirmation Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be. -------------------------------------------------------------------------------- BSFP An opinion of counsel may No include (which Closing Date in-house counsel) reasonably satisfactory to Counterparty. -------------------------------------------------------------------------------- Counterparty Executed copy of the Credit Upon Yes Support Document specified execution herein. -------------------------------------------------------------------------------- Counterparty Copy of any notice delivered Upon Yes under the Pooling and availability Servicing Agreement that impacts this Confirmation --------------------------------------------------------------------------------
Appears in 1 contract
Sources: Mortgage Derivatives Confirmation and Agreement (Alternative Loan Trust 2006-Oc4)
Documents to be Delivered. For the purpose of Section 4(a) (i) and 4(a) (iii):
(1) Tax forms, documents, or certificates to be delivered are: ------------------------------------------------------------------------------------------------------------------------- PARTY REQUIRED TO DELIVER DOCUMENT FORM/DOCUMENT/ DATE BY WHICH TO BE DELIVERED CERTIFICATE ------------------------------------------------------------------------------------------------------------------------- Party required to Form/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays A and the Any document required or Promptly after the earlier of Counterparty or reasonably requested (i) reasonable Party B reasonably requested to allow demand by to allow the other either party or (ii) learning that the other party to make payments that such form or document is required payments under this Agreement required 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 (unless publicly available) are: ------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------ PARTY REQUIRED TO DELIVER FORM/DOCUMENT/ DATE BY WHICH TO BE DELIVERED COVERED BY SECTION DOCUMENT CERTIFICATE 3(D) REPRESENTATION ------------------------------------------------------------------------------------------------------------------------ Party required A and Party B Any documents 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, evidence the Upon 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 delivery of this Agreement party for it to execute and and such Confirmation. deliver this Agreement, any Confirmation, . ------------------------------------------------------------------------------------------------------------------------ Party A 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 Party B A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes officer of the party, as to the delivery of the the this Confirmation. incumbency and Confirmation authority of the respective officers of the party signing this Confirmation. ------------------------------------------------------------------------------------------------------------------------ Party A Legal opinion(s) with respect Within 5 Local Business Days No to such party and its Credit of execution hereof Support Provider, if any, for it, reasonably satisfactory in form and substance to the other party relating to the enforceability of the party's obligations under this Agreement. ------------------------------------------------------------------------------------------------------------------------ Party A A copy of the most recent To be made available on Yes annual report of such party ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇/▇▇/▇▇/ as (only if available) and its soon as available and in any Credit Support Provider, if event within 90 days after any, containing in all cases the end of each fiscal year audited consolidated financial of Party A statements for each fiscal year certified by independent certified public accountants and ------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------ PARTY REQUIRED TO DELIVER FORM/DOCUMENT/ DATE BY WHICH TO BE DELIVERED COVERED BY SECTION DOCUMENT CERTIFICATE 3(D) REPRESENTATION ------------------------------------------------------------------------------------------------------------------------ prepared in accordance with generally accepted accounting principles in the United States or in the country in which such party is organized. ------------------------------------------------------------------------------------------------------------------------ Party B Each other report or other Promptly upon request by No document required to be Party A, or with respect to delivered by or to Party B any particular type of report under the terms of the Pooling or other document as to which and Servicing Agreement, any relevant Credit Support Documentother Party A has previously made than those required to be request to receive all delivered directly by the reports or documents of that Trustee to Party A thereunder. type, promptly upon delivery or any Confirmation, as the case may receipt of such report or document by Party B and delivery shall be -------------------------------------------------------------------------------------satisfied by posting such report on Party B's website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/mbs. ------------------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Sources: Confirmation Swap Agreement (RAMP Series 2007-Rs1 Trust)
Documents to be Delivered. For the purpose of Section 4(a) of the ISDA Form Master Agreement):
(1) Tax forms, documents, or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DELIVER FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ DATE BY WHICH DOCUMENT CERTIFICATE TO BE DELIVERED ------------------------- -------------------------------------- ------------------------------- BSFP and the Any document required or reasonably Promptly after the earlier of the Counterparty or reasonably requested to allow the other party to (i) reasonable demand by to allow the other either make payments under this Agreement party or (ii) learning party to make payments that without any deduction or withholding such form or document is under this Agreement required without any deduction or withholding for or on the account of any Tax or required with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party PARTY REQUIRED COVERED BY TO DELIVER FORM/DOCUMENT/ DATE BY WHICH TO SECTION 3(D) DOCUMENT CERTIFICATE BE DELIVERED REPRESENTATION ---------------- ------------------------------------- --------------------- -------------- BSFP and Any documents 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 Upon the execution and dated as of April 1, delivery of Yes 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 and delivery of this authority of the delivering party or Agreement and such its Credit Support Provider, if any, Confirmation for it to execute and deliver this Agreement, any Confirmation, and any Credit Support Document Documents to which it is a PARTY REQUIRED COVERED BY TO DELIVER FORM/DOCUMENT/ DATE BY WHICH TO SECTION 3(D) DOCUMENT CERTIFICATE BE DELIVERED REPRESENTATION ---------------- ------------------------------------- --------------------- -------------- 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 ------------------------------------------------------------------------------------- Barclays BSFP and the A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes the Counterparty officer of the party, as to the and delivery of the the this incumbency and Confirmation authority of the Agreement and such respective officers of the party Confirmation signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------BSFP Monthly rate set letter to On or prior to each No Counterparty No Floating Rate Payer Payment Date Counterparty An executed copy of the Pooling and Within 30 days after No Servicing Agreement. No the date of this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates Series 2006-5)
Documents to be Delivered. For the purpose purposes of Section 4(a):4(a)(i) and (ii) each party agrees to deliver the following documents as applicable:
(1a) Tax forms, documents, 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 Page 5
(i) reasonable demand On the execution of this Agreement; Party B. reasonably required or and reasonably requested by to allow the other either a party or in connection with its (ii) learning subsequently, upon demand. obligations to make a payment under this Agreement which would enable that party to make payments that such form or document is under this Agreement required without the payment free from any deduction or withholding for or on account of any Tax or with such as would reduce the rate at which deduction or withholding at a reduced rate --------------------------------------------------------------------------------for or on account of Tax is applied to that payment. ------------------------ ------------------------------- -------------------------------------------
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to Form/Document/ Date by which to be Covered by Section deliver document Certificate delivered ------------------------ ------------------------------- ------------------------ ------------------ PARTY REQUIRED TO DOCUMENT DATE BY WHICH TO BE COVERED BY DELIVER DELIVERED SECTION 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling REPRESENTATIONS ------------------------ ------------------------------- ------------------------ ------------------ Party A, Party B and Concurrently with Yes Servicing Agreement, A copy of the power of On execution and dated as of April 1, Yes. the Trust Manager. attorney authorising 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 this execution and reasonably requested delivery of the by the receiving Confirmation attorney of Agreement. this Agreement. ------------------------ ------------------------------- ------------------------ ------------------ Party A, Party B and A list of authorised On execution of any Yes. the Trust Manager. signatories for the party and relevant Confirmation. evidence satisfactory in form and substance to evidence the other parties of the authority of the delivering authorised signatories of the party to execute each Confirmation on behalf of that party. ------------------------ ------------------------------- ------------------------ ------------------ -------------------------------------------------------------------------------- Page 6 ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of the Master Trust On execution and deliver No. Deed, the Series Notice, the delivery of this Security Trust Deed, the Note Agreement or in the Trust Deed, the Notice of case of a document not Creation of Trust and the executed as at the Agency Agreement. date of this Agreement, upon execution of that document. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager A copy of an Australian legal On or before the Note No. opinion addressed to, among Issue Date. others, Party A in form and substance satisfactory to Party A. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager A copy of an Australian tax On or before the Note No. opinion addressed to, among Issue Date. others, Party A in form and substance satisfactory to Party A. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager A copy of 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, notice provided At such Confirmation and/or Credit Support Document, time as the case may be ------------------------------------------------------------------------------------- Barclays and Yes. by the A certificate of an Concurrently with Yes Counterparty authorized officer Trust Manager to Class relevant notice is A2 Noteholders. provided by the execution and of the party, as Trust Manager 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 -------------------------------------------------------------------------------------Class A2 Noteholders. ------------------------ ------------------------------- ------------------------ ------------------
Appears in 1 contract
Sources: Isda Master Agreement (Interstar Securitisation Management Pty LTD)
Documents to be Delivered. For the purpose purposes of Section 4(a):4(a)(i) and (ii) each party agrees to deliver the following documents as applicable:
(1a) Tax forms, documents, 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 On the execution of this Agreement; Party B. reasonably required or and reasonably requested by to allow the other either a party or in connection with its (ii) learning subsequently, upon demand. obligations to make a payment under this Agreement which would enable that party to make payments that such form or document is under this Agreement required without the payment free from any deduction or withholding for or on account of any Tax or with such as would reduce the rate at which deduction or withholding at a reduced rate --------------------------------------------------------------------------------for or on account of Tax is applied to that payment. ------------------------ ------------------------------- -------------------------------------------
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to Form/Document/ Date by which to be Covered by Section deliver document Certificate delivered ------------------------ ------------------------------- ------------------------ ------------------ PARTY REQUIRED TO DOCUMENT DATE BY WHICH TO BE COVERED BY DELIVER DELIVERED SECTION 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling REPRESENTATIONS ------------------------ ------------------------------- ------------------------ ------------------ Party A, Party B and Concurrently with Yes Servicing Agreement, A copy of the power of On execution and dated as of April 1, Yes. the Trust Manager. attorney authorising 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 this execution and reasonably requested delivery of the by the receiving Confirmation attorney of Agreement. this Agreement. ------------------------ ------------------------------- ------------------------ ------------------ -------------------------------------------------------------------------------- Page 26 ------------------------ ------------------------------- ------------------------ ------------------ Party A, Party B and A list of authorised On execution of any Yes. the Trust Manager. signatories for the party and relevant Confirmation. evidence satisfactory in form and substance to evidence the other parties of the authority of the delivering authorised signatories of the party to execute each Confirmation on behalf of that party. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of the Master Trust On execution and deliver No. Deed, the Series Notice, the delivery of this Security Trust Deed, the Note Agreement or in the Trust Deed, the Notice of case of a document not Creation of Trust and the executed as at the Agency Agreement. date of this Agreement, upon execution of that document. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of an Australian legal On or before the Note No. opinion addressed to, among Issue Date. others, Party A in form and substance satisfactory to Party A. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of an Australian tax On or before the Note No. opinion addressed to, among Issue Date. others, Party A in form and substance satisfactory to Party A. ------------------------ ------------------------------- ------------------------ ------------------ Trust Manager. A copy of 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, notice provided At such Confirmation and/or Credit Support Document, time as the case may be ------------------------------------------------------------------------------------- Barclays and Yes. by the A certificate of an Concurrently with Yes Counterparty authorized officer Trust Manager to Class relevant notice is A2 Noteholders. provided by the execution and of the party, as Trust Manager 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 -------------------------------------------------------------------------------------Class A2 Noteholders. ------------------------ ------------------------------- ------------------------ ------------------
Appears in 1 contract
Sources: Master Agreement (Interstar Securitisation Management Pty LTD)
Documents to be Delivered. For the purpose of Section 4(a4(a of the ISDA Form Master Agreement):
(1) Tax forms, documents, or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DATE BY WHICH TO BE DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ CERTIFICATE DELIVERED -------------------- -------------------------- ---------------------------- BSFP and the Any document required or Promptly after the earlier of the Counterparty or reasonably requested to of (i) reasonable demand by to allow the other party to either party or (ii) learning party to make payments under this learning that such form or Agreement without any document is under this Agreement required without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party COVERED BY PARTY REQUIRED TO FORM/DOCUMENT/ DATE BY WHICH TO SECTION 3(D) DELIVER DOCUMENT CERTIFICATE BE DELIVERED REPRESENTATION -------------------- ------------------- ---------------- ---------------- BSFP and Any documents Upon the Yes the Counterparty 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, receiving party to 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 this evidence the Agreement and authority of the such delivering party or Confirmation its Credit Support Provider, if any, for it to execute and deliver this Agreement, any ConfirmationConfirmation , and any Credit Support Document Documents to which it is a party, and to COVERED BY PARTY REQUIRED TO FORM/DOCUMENT/ DATE BY WHICH TO SECTION 3(D) DELIVER DOCUMENT CERTIFICATE BE DELIVERED REPRESENTATION -------------------- ------------------- ---------------- ---------------- 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 ------------------------------------------------------------------------------------- Barclays BSFP and the A certificate of an Concurrently with Upon the Yes the Counterparty authorized officer the execution and of the party, as to delivery of the this the incumbency and Confirmation Agreement and authority of the such respective officers Confirmation of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------BSFP Monthly rate set On or prior to No letter to each Floating Counterparty Rate Payer Payment Date Counterparty An executed copy Within 30 days No of the Pooling and after the date Servicing of this Agreement. Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-Ahl1)
Documents to be Delivered. For the purpose of Section 4(aFOR THE PURPOSE OF SECTION 4(A):
(1a) Tax forms, documents, documents or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DELIVER DATE BY WHICH TO BE COVERED BY SECTION 3(D) DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ CERTIFICATE DELIVERED REPRESENTATION ------------------------- ------------------------------------------ -------------------------- ----------------------- BNY and the Counterparty Any document required Promptly after the earlier of Counterparty or reasonably Upon the execution and Yes requested (i) reasonable demand by to allow the other either party or (ii) learning party to make delivery of this Agreement payments that such form or document is under this Agreement required without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------tax.
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to FormPARTY REQUIRED TO DELIVER DATE BY WHICH TO BE COVERED BY SECTION 3(D) DOCUMENT 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 DOCUMENT/ CERTIFICATE DELIVERED REPRESENTATION ------------------------- ------------------------------------------ -------------------------- ----------------------- BNY A certificate of an Concurrently with Yes Counterparty authorized officer of Upon the execution and of Yes the party, as to delivery of the the incumbency and Confirmation and delivery of this authority of the respective officers of Agreement the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be.
(i) a copy of the executed Pooling and Upon the execution Yes Servicing Agreement, and (ii) an and delivery of this incumbency certificate verifying the true Agreement signatures and authority of the person or persons signing this letter agreement on behalf of the Counterparty. BNY A copy of the most recent publicly Promptly after Yes available regulatory call report. request by the other party BNY Legal Opinion as to enforceability of the Upon the execution Yes Swap Agreement. and delivery of this Agreement. Counterparty Certified copy of the Board of Directors Upon the execution Yes resolution (or equivalent authorizing and delivery of this documentation) which sets forth the Agreement. authority of each signatory to the Confirmation signing on its behalf and the authority of such party to enter into Transactions contemplated and performance of its obligations hereunder.
Appears in 1 contract
Documents to be Delivered. For the purpose of Section 4(a) (i) and 4(a) (iii):
(1) Tax forms, documents, or certificates to be delivered are: ---------------------------------------- -------------------------------- ----------------------------------------------- PARTY REQUIRED TO DELIVER DOCUMENT FORM/DOCUMENT/ DATE BY WHICH TO BE DELIVERED CERTIFICATE ---------------------------------------- -------------------------------- ----------------------------------------------- ---------------------------------------- -------------------------------- ----------------------------------------------- Party required to Form/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays A and the Any document required or Promptly after the earlier of Counterparty or reasonably requested (i) reasonable Party B reasonably requested to allow demand by to allow the other either party or (ii) learning that the other party to make payments that such form or document is required payments under this Agreement required 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 (unless publicly available) are: ------------------------------------------------------------------------------------- ----------------------------- --------------------------------- ------------------------------- ------------------------ PARTY REQUIRED TO DELIVER FORM/DOCUMENT/ DATE BY WHICH TO BE DELIVERED COVERED BY SECTION DOCUMENT CERTIFICATE 3(D) REPRESENTATION ----------------------------- --------------------------------- ------------------------------- ------------------------ ----------------------------- --------------------------------- ------------------------------- ------------------------ Party required A and Party B Any documents 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, evidence the Upon 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 delivery of this Agreement party for it to execute and and such Confirmation. deliver this Agreement, any Confirmation, . ----------------------------- --------------------------------- ------------------------------- ------------------------ ----------------------------- --------------------------------- ------------------------------- ------------------------ Party A 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 Party B A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes officer of the party, as to the delivery of the the this Confirmation. incumbency and Confirmation authority of the respective officers of the party signing this Confirmation. ----------------------------- --------------------------------- ------------------------------- ------------------------ ----------------------------- --------------------------------- ------------------------------- ------------------------ Party A Legal opinion(s) with respect Within 5 Local Business Days No to such party and its Credit of execution hereof Support Provider, if any, for it, reasonably satisfactory in form and substance to the other party relating to the enforceability of the party's obligations under this Agreement. ----------------------------- --------------------------------- ------------------------------- ------------------------ ----------------------------- --------------------------------- ------------------------------- ------------------------ Party A A copy of the most recent To be made available on Yes annual report of such party www.deutschebank.de/ir/en/ as (▇▇▇▇ if available) and its soon as available and in any Credit Support Provider, if event within 90 days after any, containing in all cases the end of each fiscal year audited consolidated financial of Party A 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. ----------------------------- --------------------------------- ------------------------------- ------------------------ ----------------------------- --------------------------------- ------------------------------- ------------------------ Party B Each other report or other Promptly upon request by No document required to be Party A, or with respect to delivered by or to Party B any particular type of report under the terms of the Pooling or other document as to which and Servicing Agreement, any relevant Credit Support Documentother Party A has previously made than those required to be request to receive all delivered directly by the reports or documents of that Trustee to Party A thereunder. type, promptly upon delivery or any Confirmation, as the case may receipt of such report or document by Party B and delivery shall be -------------------------------------------------------------------------------------satisfied by posting such report on Party B's website http://www.usbank.com/mbs. ----------------------------- --------------------------------- ------------------------------- ------------------------
Appears in 1 contract
Documents to be Delivered. For the purpose of Section 4(a):
(1a) Tax forms, documents, documents or certificates to be delivered are: ------------------------------------- ----------------------------------- ----------------------------------- Party required to deliver document Form/Document/ Document/Certificate Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- ------------------------------------- ----------------------------------- ----------------------------------- Barclays and the Counterparty Any document required or Promptly after the earlier of Counterparty or reasonably requested to allow (i) reasonable demand by to allow the other party to make either party or (ii) learning party to make within 30 payments that such form or document is under this Agreement required days of the Transfer Date. without any deduction or withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate. ------------------------------------- ----------------------------------- -----------------------------------
(2b) Other documents Documents to be delivered are: ------------------------------------------------------------------------------------- ------------------ ------------------------------------ --------------------- -------------------- Party required to Form/Document/ Document/Certificate 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. ------------------------------------------------------------------------------------- representation ------------------ ------------------------------------ --------------------- -------------------- Barclays and the Any documents Concurrently with required or Within 10 Business Yes Counterparty required or the execution and reasonably requested delivery by the Days of the by the receiving Confirmation party to evidence the Effective Date authority of the delivering party to execute and deliver this Agreement, any Confirmation, and any Credit Support Document Confirmation to which it is a party, and to evidence the authority of the delivering party to perform its obligations under this Agreement, and such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- be. ------------------ ------------------------------------ --------------------- -------------------- Barclays and the A certificate of an Concurrently with authorized Within 10 Business Yes Counterparty authorized officer the execution and of the party, as to delivery the Days of the the incumbency and Confirmation authority of the Effective Date respective officers of the party signing this Agreement, any relevant Credit Support Documentagreement, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be. ------------------ ------------------------------------ --------------------- --------------------
Appears in 1 contract
Sources: Receivables Purchase Agreement (Charming Shoppes Inc)
Documents to be Delivered. For the purpose of Section 4(a):) of the ISDA Master Agreement:
(1) Tax forms, documents, or certificates to be delivered are: ---------------------------------------- -------------------------------------- -------------------------------------- Party required to deliver Form/Document/ Date by which to ---------------------------------------- -------------------------------------- -------------------------------------- ---------------------------------------- -------------------------------------- -------------------------------------- documents Certificate be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays ---------------------------------------- -------------------------------------- -------------------------------------- Party A and the Party B Any document required or reasonably Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by requested to allow the other party reasonable demand by either party or to make payments under this (ii) learning party to make payments that such form or document is under this Agreement required Transaction without any deduction or document is required withholding for or on the account of any Tax or with such deduction or withholding at as a reduced rate ------------------------------------------------------------------------------------------------------------------------ -------------------------------------- --------------------------------------
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party required to deliver Form/Document/ Date by which to be Covered by Section deliver 3(d) document Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- Counterparty The Pooling ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party A and Concurrently with Yes Servicing Agreement, Party B Any documents required by Upon the execution and dated as of April 1, Yes the receiving party to 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 this evidence the authority of Transaction and such the delivering party or Confirmation its Credit Support Provider, if any, for it to execute and deliver this Agreement, any Confirmation, and any Credit Support Document 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 AgreementTransaction, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- Barclays ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party A and the Party B A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes authorized officer of the delivery of this party, as to delivery of the the Transaction and such incumbency and authority Confirmation authority of the respective officers of the party signing this AgreementConfirmation, any ------------------------------- ---------------------------- ---------------------------- ---------------------------- ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party required to deliver Form/Document/ Date by which to be Covered by Section 3(d) document Certificate delivered Representation ------------------------------ ---------------------------- ---------------------------- ----------------------------- relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------------------------------------- ---------------------------- ---------------------------- ---------------------------- Party B An executed copy of the Within 30 calendar days No Indenture after the date of Confirmation ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party B Noteholder Report Each Determination Date or Yes otherwise in accordance with the terms of the Indenture ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party B Monthly report At such time as each Yes Monthly Report is delivered to the Indenture Trustee ------------------------------- ---------------------------- ---------------------------- ---------------------------- Party A A guarantee of Lehman Upon execution of the No Brothers Holdings Inc. assignment of this substantially in the form Transaction of Exhibit A to this Confirmation ------------------------------- ---------------------------- ---------------------------- ----------------------------
Appears in 1 contract
Sources: Assignment Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-I)
Documents to be Delivered. For the purpose of Section 4(a):) of the ISDA Form Master Agreement:
(1) Tax forms, documents, or certificates to be delivered are: Party required to FormPARTY REQUIRED TO DATE BY WHICH TO DELIVER DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/CERTIFICATE BE DELIVERED ----------------- -------------------------- ---------------- BSFP and the Any document required or reasonably Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by the Counterparty requested to allow the other party to reasonable demand by either party or make payments under this Agreement (ii) learning party to make payments that such form or document is under this Agreement required without any deduction or withholding document is required for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party PARTY REQUIRED TO DATE BY WHICH TO COVERED BY SECTION DELIVER DOCUMENT FORM/DOCUMENT/CERTIFICATE BE DELIVERED 3(D) REPRESENTATION ----------------- -------------------------- ---------------- ------------------- BSFP and Any documents 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 Upon the execution and dated as of April 1, delivery of Yes 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 of this Agreement and such authority of the delivering party or Confirmation its Credit Support Provider, if any, for it to execute and deliver this Agreement, any Confirmation, and any Credit Support Document 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 PARTY REQUIRED TO DATE BY WHICH TO COVERED BY SECTION DELIVER DOCUMENT FORM/DOCUMENT/CERTIFICATE BE DELIVERED 3(D) REPRESENTATION ----------------- -------------------------- ---------------- ------------------- Credit Support Document, as the case may be ------------------------------------------------------------------------------------- Barclays BSFP and the A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and delivery Yes the Counterparty of the party, as to delivery of the the incumbency and Confirmation of this Agreement and such authority of the respective officers Confirmation of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------BSFP Monthly rate set letter to On or prior to each Floating No Counterparty Rate Payer Payment Date Counterparty An executed copy of the Pooling and Within 30 days after the date No Servicing Agreement. of this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2006-Bc4)
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) A correct, complete and duly In each case (i) upon entering into executed IRS Form W-9 (or any this Agreement, (ii) in the case of successor thereto) of the Trust that a W-8ECI, W-8IMY, and W-8BEN that eliminates U.S. federal withholding does not include a U.S. taxpayer and backup withholding tax on identification number in line 6, payments under this Agreement, (ii) before December 31 of each third if requested by Party A, a correct, succeeding calendar year, (iii) complete and executed Form W-8IMY of promptly upon reasonable demand by to allow the other either party Trust, and (iii) a complete and Party A, and (iv) promptly upon executed IRS Form W-9, W-8BEN, actual knowledge that any such Form W-8ECI, or W-8IMY (iiwith attachments) learning party to make previously provided by Party B has (as appropriate) from each become obsolete or incorrect. Certificateholder that is not an "exempt recipient" as that term is defined in Treasury regulations section 1.6049-4(c)(ii), that eliminates U.S. federal withholding and backup withholding tax on 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 --------------------------------------------------------------------------------Agreement. -------------------------------------------------------------------------------------------------------------
(2) Other documents to be delivered are: ------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- Party required to Form/Document/ deliver Date by which to be Covered by Section deliver 3(d) document Form/Document/ Certificate delivered 3(d) Representation ------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- Counterparty The Pooling and Concurrently with An opinion of Within 10 Business Days Yes Servicing Agreement, Counterparty's counsel from the execution and dated as of April 1, addressed to Barclays in delivery of the 2004, (the "PSA") form and substance Confirmation among the Counterparty, Asset Backed Funding Corporation and Option One Mortgage Corporationreasonably acceptable to Barclays. ------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- 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 Effective Date Yes Counterparty authorized officer the execution and of the partyparty (except with respect to the Trust, from the Trustee), 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 -------------------------------------------------------------------------------------be. -------------------------------------------------------------------------------------------------------------------------- Counterparty The Pooling and Servicing Upon receipt by Yes Agreement Counterparty of execution copy --------------------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Nc1)
Documents to be Delivered. For the purpose of Section 4(aFOR THE PURPOSE OF SECTION 4(A):
(1a) Tax forms, documents, documents or certificates to be delivered are: Party required to FormPARTY REQUIRED COVERED BY TO DELIVER DATE BY WHICH SECTION 3(D) DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ CERTIFICATE TO BE DELIVERED REPRESENTATION -------------------- ----------------------------------- --------------------------- ----------------- BNY and the Counterparty Any document required or reasonably Promptly after the earlier Yes requested to allow the other party of Counterparty or reasonably requested (i) reasonable demand by to allow the other make payments under this either party or (ii) Agreement without any deduction or learning party to make payments that such form or document is under this Agreement required without any deduction or withholding for or on the account document is required of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------tax.
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to FormPARTY REQUIRED COVERED BY TO DELIVER DATE BY WHICH SECTION 3(D) DOCUMENT 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 DOCUMENT/ CERTIFICATE TO BE DELIVERED REPRESENTATION -------------------- ----------------------------------- --------------------------- ----------------- BNY A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and Yes officer of the party, as to the delivery of the the this Agreement 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 -------------------------------------------------------------------------------------be.
(i) a copy of the executed Pooling Upon the later of, receipt Yes and PARTY REQUIRED COVERED BY TO DELIVER DATE BY WHICH SECTION 3(D) DOCUMENT FORM/DOCUMENT/ CERTIFICATE TO BE DELIVERED REPRESENTATION -------------------- ----------------------------------- --------------------------- ----------------- Servicing Agreement, and (ii) an by such party, or within 30 incumbency certificate verifying days after the date of this the true signatures and authority Agreement of the person or persons signing this letter agreement on behalf of the Counterparty.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2007-Ff2)
Documents to be Delivered. For the purpose of Section 4(a):
(1a) Tax forms, documents, documents or certificates to be delivered are: ---------------------------------------------------------------------------------------------------------------- Party required to deliver Form/Document/ Document/Certificate Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Barclays and the Counterparty Any document required or reasonably Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by requested to allow the other party reasonable demand by either party or to make payments under this (ii) learning party to make payments that such form or document is under this within 30 days of the Transfer Agreement required without any deduction or Date. withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate. ----------------------------------------------------------------------------------------------------------------
(2b) Other documents Documents to be delivered are: ------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Party required to Form/Document/ Document/Certificate Date by which to be Covered by Section 3(d) deliver document Certificate be 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. ------------------------------------------------------------------------------------- representation Barclays and the Any documents Concurrently with required or Transfer Date. 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 or its Credit Support Provider, if any, to execute and deliver this Agreement, any Confirmation, and any Credit Support Document Documents to which it is a party, and to evidence the authority of the delivering party to its Credit Support Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- be. ---------------------------------------------------------------------------------------------------------------- Barclays and the A certificate of an Concurrently with authorized Transfer Date 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 Agreementagreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be. ----------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Sources: Assignment Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-C)
Documents to be Delivered. For the purpose of Section 4(aFOR THE PURPOSE OF SECTION 4(A):
(1a) Tax forms, documents, documents or certificates to be delivered are: Party required to FormPARTY REQUIRED COVERED BY TO DELIVER SECTION 3(D) DOCUMENT FORM/Document/ Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- Barclays DOCUMENT/ CERTIFICATE DATE BY WHICH TO BE DELIVERED REPRESENTATION ---------- --------------------------------------- --------------------------------- -------------- BNY and the Any document required or reasonably Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by Yes Counterparty requested to allow the other party to reasonable demand by either party make payments under this Agreement or (ii) learning party to make payments that such form or document is under this Agreement required without any deduction or withholding or document is required for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------tax.
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- Party required to FormPARTY REQUIRED COVERED BY TO DELIVER SECTION 3(D) DOCUMENT 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 DOCUMENT/ CERTIFICATE DATE BY WHICH TO BE DELIVERED REPRESENTATION ---------- --------------------------------------- --------------------------------- -------------- BNY A certificate of an Concurrently with Yes Counterparty authorized officer Upon the execution and delivery Yes of the party, as to delivery of the the incumbency and Confirmation of this Agreement authority of the respective officers of the party signing this Agreement, any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be. Counterparty (i) a copy of the executed Pooling and Upon the later of, receipt by Yes Servicing Agreement, and (ii) an such party, or within 30 days incumbency certificate verifying the after the date of this Agreement true signatures and authority of the person or persons signing this letter agreement on behalf of the Counterparty.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2007-He3)
Documents to be Delivered. For the purpose of Section 4(a):
(1a) Tax forms, documents, documents or certificates to be delivered are: ---------------------------------------- -------------------------------------- -------------------------------------- Party required to deliver document Form/Document/ Document/Certificate Date by which to be delivered deliver document Certificate -------------------------------------------------------------------------------- ---------------------------------------- -------------------------------------- -------------------------------------- Barclays and the Counterparty Any document documents required or reasonably Promptly after the earlier of Counterparty or reasonably requested (i) reasonable demand by requested to allow the other party reasonable demand by either party or to make payments under this (ii) learning party to make payments that such form or document is under this within 30 days of the Transfer Agreement required without any deduction or Date. withholding for or on the account of any Tax or with such deduction or withholding at a reduced rate --------------------------------------------------------------------------------rate. ---------------------------------------- -------------------------------------- --------------------------------------
(2b) Other documents to be delivered are: ------------------------------------------------------------------------------------- ------------------------------- --------------------------------------- ------------------------ --------------------- Party required to deliver Form/Document/ Document/Certificate 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. ------------------------------------------------------------------------------------- representing ------------------------------- --------------------------------------- ------------------------ --------------------- Barclays and the Counterparty Any documents Concurrently with Yes Counterparty required or the execution and reasonably Transfer Date Yes requested delivery of the by the receiving Confirmation party to evidence the authority of the delivering party or its Credit Support Provider, if any, to execute and deliver this Agreement, any Confirmation, and any Credit Support Document Documents to which it is a party, and to evidence the authority of the delivering party to its Credit Support Provider to perform its obligations under this Agreement, such Confirmation and/or Credit Support Document, as the case may be ------------------------------------------------------------------------------------- be. ------------------------------- --------------------------------------- ------------------------ --------------------- Page 6 of 11 ------------------------------- --------------------------------------- ------------------------ --------------------- Barclays and the Counterparty A certificate of an Concurrently with authorized Transfer Date 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 Agreementagreement, or any relevant Credit Support Document, or any Confirmation, as the case may be -------------------------------------------------------------------------------------be. ------------------------------- --------------------------------------- ------------------------ ---------------------
Appears in 1 contract
Sources: Assignment Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-E)