Common use of Exchange Act Reporting Clause in Contracts

Exchange Act Reporting. ▇▇ ▇▇▇▇▇▇▇▇on with the preparation and filing of periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreement, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Note Register or Certificate Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Indenture. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. In connection with the Form 10-K Certification (as defined in the Servicing Agreement), the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit B. A supplemental indenture may be entered into in accordance with the provisions of this Indenture to revise this Section 7.05 without the consent of the Holders.

Appears in 4 contracts

Sources: Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Residential Funding Mortgage Securities Ii Inc)

Exchange Act Reporting. ▇▇ ▇▇▇▇▇▇▇▇(a) The Certificate Administrator shall, on behalf of the Company and in respect of the Trust Fund, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder including, without limitation, reports on Form 10-K, Form 10-D and Form 8-K. In connection with the preparation and filing of such periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreementreports, the Indenture Trustee shall timely provide to the Master Servicer Certificate Administrator (Ii) a list of Holders Certificateholders as shown on the Note Register or Certificate Register as of the end of each calendar year, (IIii) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate Fund that are received by the Indenture Trustee, (IIIiii) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the HoldersCertificateholders, other than those matters that have been submitted to a vote of the Holders Certificateholders at the request of the Depositor Company or the Master ServicerCertificate Administrator, and (IViv) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this IndentureCertificateholders. Neither the Master Servicer Certificate Administrator nor the Indenture Trustee shall have any liability with respect to the Master ServicerCertificate Administrator's failure to properly prepare or file such periodic reports resulting from or relating to the Master ServicerCertificate Administrator's inability or failure to obtain any information not resulting from the Master ServicerCertificate Administrator's own negligence or willful misconduct. In connection with the . (b) Any Form 10-K Certification filed with the Commission in connection with this Section 4.03 shall include, with respect to the Certificates relating to such 10-K: (as defined i) A certification, signed by the senior officer in charge of the Servicing Agreement)servicing functions of the Certificate Administrator, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit B. A supplemental indenture may be entered into required or permitted by the Commission (the "Form 10-K Certification"), in accordance compliance with Rules 13a-14 and 15d-14 under the provisions of this Indenture to revise this Section 7.05 without the consent Exchange Act and any additional directives of the HoldersCommission. (ii) A report regarding its assessment of compliance during the preceding calendar year with all applicable servicing criteria set forth in relevant Commission regulations with respect to mortgage-backed securities transactions taken as a whole involving the Certificate Administrator that are backed by the same types of assets as those backing the certificates, as well as similar reports on assessment of compliance received from other parties participating in the servicing function as required by relevant Commission regulations, as described in Item 1122(a)

Appears in 3 contracts

Sources: Trust Agreement (Residential Asset Securities Corp), Trust Agreement (Residential Accredit Loans Inc), Trust Agreement (Residential Asset Securities Corp)

Exchange Act Reporting. ▇▇ ▇▇▇▇▇▇▇▇(a) The Servicer shall, on behalf of the Depositor and in respect of the Trust Estate, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder including, without limitation, reports on Form 10-K, Form 10-D and Form 8-K. In connection with the preparation and filing of such periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreementreports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders Securityholders as shown on the Certificate Register and the Note Register or Certificate Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the HoldersSecurityholders, other than those matters that have been submitted to a vote of the Holders Securityholders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders Securityholders as required pursuant to this IndentureAgreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. (b) Any Form 10-K filed with the Commission in connection with this Section 4.03 shall include: (i) A certification, signed by the senior officer in charge of the servicing functions of the Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. (ii) A report regarding its assessment of compliance during the preceding calendar year with all applicable servicing criteria set forth in relevant Commission regulations with respect to mortgage-backed securities transactions taken as a whole involving the Servicer that are backed by the same types of assets as those backing the certificates, as well as similar reports on assessment of compliance received from other parties participating in the servicing function as required by relevant Commission regulations, as described in Item 1122(a) of Regulation AB. The Servicer shall obtain from all other parties participating in the servicing function any required certifications. (iii) With respect to each assessment report described immediately above, a report by a registered public accounting firm that attests to, and reports on, the assessment made by the asserting party, as set forth in relevant Commission regulations, as described in Regulation 1122(b) of Regulation AB and Section 3.13. (iv) The servicer compliance certificate required to be delivered pursuant Section 3.12. (c) In connection with the Form 10-K Certification (as defined in the Servicing Agreement)Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit B. A supplemental indenture F. (d) This Section 4.03 may be entered into amended in accordance with the provisions of this Indenture to revise this Section 7.05 Agreement without the consent of the HoldersSecurityholders.

Appears in 2 contracts

Sources: Servicing Agreement (Wachovia Asset Funding Trust, LLC), Servicing Agreement (Wachovia Mortgage Loan Trust, LLC)

Exchange Act Reporting. ▇▇ ▇▇▇▇▇▇▇▇on In connection with the preparation and filing of periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreement, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Note Register or Certificate Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution payment to the Holders as required pursuant to this Indenture. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. In connection with the Form 10-K Certification (as defined in the Servicing Agreement), the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit B. A supplemental indenture may be entered into in accordance with the provisions of this Indenture to revise this Section 7.05 without the consent of the Holders.

Appears in 2 contracts

Sources: Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Home Loan Trust 2005-Hi3)

Exchange Act Reporting. ▇▇ ▇▇▇▇▇▇▇▇(a) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust Estate, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder including, without limitation, reports on Form 10-K, Form 10-D and Form 8-K. In connection with the preparation and filing of such periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreementreports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders Securityholders as shown on the Note Register or Certificate Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the HoldersSecurityholders, other than those matters that have been submitted to a vote of the Holders Securityholders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders Securityholders as required pursuant to this IndentureAgreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. In connection with the (b) Any Form 10-K Certification filed with the Commission in connection with this Section 4.04 shall include: (as defined i) A certification, signed by the senior officer in charge of the Servicing Agreement), the Indenture Trustee shall provide servicing functions of the Master Servicer with a back-up certification substantially Servicer, in the form attached hereto as Exhibit B. A supplemental indenture D hereto or such other form as may be entered into required or permitted by the Commission (the "Form 10-K Certification"), in accordance compliance with Rules 13a-14 and 15d-14 under the provisions of this Indenture to revise this Section 7.05 without the consent Exchange Act and any additional directives of the HoldersCommission. (ii) A report regarding its assessment of compliance during the preceding calendar year with all applicable servicing criteria set forth in relevant Commission regulations with respect to mortgage-backed securities transactions taken as a whole involving the Master Servicer that are backed by the same types of assets as those backing the certificates, as well as similar reports on assessment of compliance received from other parties participating in the servicing function as required by relevant Commission regulations, as described in Item 1122(a)

Appears in 2 contracts

Sources: Servicing Agreement (Home Loan Trust 2006-Hi5), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Exchange Act Reporting. ▇▇ ▇▇▇▇▇▇▇▇(a) The Certificate Administrator shall, on behalf of the Company and in respect of the Trust Fund, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder including, without limitation, reports on Form 10-K, Form 10-D and Form 8-K. In connection with the preparation and filing of such periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreementreports, the Indenture Trustee shall timely provide to the Master Servicer Certificate Administrator (Ii) a list of Holders Certificateholders as shown on the Note Register or Certificate Register as of the end of each calendar year, (IIii) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate Fund that are received by the Indenture Trustee, (IIIiii) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the HoldersCertificateholders, other than those matters that have been submitted to a vote of the Holders Certificateholders at the request of the Depositor Company or the Master ServicerCertificate Administrator, and (IViv) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this IndentureCertificateholders. Neither the Master Servicer Certificate Administrator nor the Indenture Trustee shall have any liability with respect to the Master ServicerCertificate Administrator's failure to properly prepare or file such periodic reports resulting from or relating to the Master ServicerCertificate Administrator's inability or failure to obtain any information not resulting from the Master ServicerCertificate Administrator's own negligence or willful misconduct. In connection with the . (b) Any Form 10-K Certification filed with the Commission in connection with this Section 4.05 shall include, with respect to the Certificates relating to such 10-K: (as defined i) A certification, signed by the senior officer in charge of the Servicing Agreement)servicing functions of the Certificate Administrator, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit B. A supplemental indenture may be entered into required or permitted by the Commission (the "Form 10-K Certification"), in accordance compliance with Rules 13a-14 and 15d-14 under the provisions of this Indenture to revise this Section 7.05 without the consent Exchange Act and any additional directives of the HoldersCommission. (ii) A report regarding its assessment of compliance during the preceding calendar year with all applicable servicing criteria set forth in relevant Commission regulations with respect to mortgage-backed securities transactions taken as a whole

Appears in 1 contract

Sources: Trust Agreement (Stanwich Asset Acceptance CO LLC)

Exchange Act Reporting. ▇▇ ▇▇▇▇▇▇▇▇(a) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust Estate, prepare and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder including, without limitation, reports on Form 10-K, Form 10-D and Form 8-K. In connection with the preparation and filing of such periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreementreports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders Securityholders as shown on the Note Register or Certificate Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the HoldersSecurityholders, other than those matters that have been submitted to a vote of the Holders Securityholders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders Securityholders as required pursuant to this IndentureAgreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. In connection with the (b) Any Form 10-K Certification filed with the Commission in connection with this Section 4.03 shall include: (as defined i) A certification, signed by the senior officer in charge of the Servicing Agreement), the Indenture Trustee shall provide servicing functions of the Master Servicer with a back-up certification substantially Servicer, in the form attached hereto as Exhibit B. A supplemental indenture D hereto or such other form as may be entered into required or permitted by the Commission (the "Form 10-K Certification"), in accordance compliance with Rules 13a-14 and 15d-14 under the provisions of this Indenture to revise this Section 7.05 without the consent Exchange Act and any additional directives of the HoldersCommission. (ii) A report regarding its assessment of compliance during the preceding calendar year with all applicable servicing criteria set forth in relevant Commission regulations with respect to mortgage-backed securities transactions taken as a whole involving the Master Servicer that are backed by the same types of assets as those backing the certificates, as well as similar reports on assessment of compliance received from other parties participating in the servicing function as required by relevant Commission regulations, as described in Item 1122(a)

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Exchange Act Reporting. ▇▇ In co▇▇▇▇▇▇▇on with ▇▇▇ the preparation and filing of periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreement, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Note Register or Certificate Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Indenture. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. In connection with the Form 10-K Certification (as defined in the Servicing Agreement), the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit B. A supplemental indenture may be entered into in accordance with the provisions of this Indenture to revise this Section 7.05 without the consent of the Holders.

Appears in 1 contract

Sources: Indenture (Residential Fund Mort Sec Home Loan-BCKD NTS Ser 2004-Hi1)

Exchange Act Reporting. ▇▇ ▇▇▇▇▇▇▇▇(a) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust Estate, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder including, without limitation, reports on Form 10-K, Form 10-D and Form 8-K. In connection with the preparation and filing of such periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreementreports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders Securityholders as shown on the Certificate Register and the Note Register or Certificate Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the HoldersSecurityholders, other than those matters that have been submitted to a vote of the Holders Securityholders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders Securityholders as required pursuant to this IndentureAgreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. In connection with the (b) Any Form 10-K Certification filed with the Commission in connection with this Section 4.03 shall include: (as defined i) A certification, signed by the senior officer in charge of the Servicing Agreement), the Indenture Trustee shall provide servicing functions of the Master Servicer with a back-up certification substantially Servicer, in the form attached hereto as Exhibit B. A supplemental indenture E hereto or such other form as may be entered into required or permitted by the Commission (the "Form 10-K Certification"), in accordance compliance with Rules 13a-14 and 15d-14 under the provisions of this Indenture to revise this Section 7.05 without the consent Exchange Act and any additional directives of the HoldersCommission. (ii) A report regarding its assessment of compliance during the preceding calendar year with all applicable servicing criteria set forth in relevant Commission regulations with respect to mortgage-backed securities transactions taken as a whole involving the Master Servicer that are backed by the same types of assets as those backing the certificates, as well as similar reports on assessment of compliance received from other parties participating in the servicing function as required by relevant Commission regulations, as described in Item 1122(a)

Appears in 1 contract

Sources: Servicing Agreement (Home Equity Loan Trust 2006-Hsa5)

Exchange Act Reporting. ▇▇ ▇▇▇▇▇▇▇▇(a) The Servicer will act as the Tax Matters Partner or the agent for the Tax Matters Partner pursuant to the Trust Agreement. The Servicer agrees to perform the obligations of the Servicer set forth in Section 5.03 of the Trust Agreement. The Servicer will prepare and file or cause to be prepared and filed all tax and information returns of the Trust Estate. (b) The Servicer shall, on behalf of the Depositor and in respect of the Trust Estate, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder including, without limitation, reports on Form 10-K, Form 10-D and Form 8-K. In connection with the preparation and filing of such periodic reports by the Master Servicer pursuant to Section 4.04 of the Servicing Agreementreports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders Securityholders as shown on the Certificate Register and the Note Register or Certificate Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the HoldersSecurityholders, other than those matters that have been submitted to a vote of the Holders Securityholders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders Securityholders as required pursuant to this IndentureAgreement. Neither the Master Servicer nor the The Indenture Trustee shall not have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports and the Servicer shall not have any liability with respect to such failure resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. In connection with the Form 10-K Certification (as defined in the Servicing Agreement), the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit B. A supplemental indenture may be entered into in accordance with the provisions of this Indenture to revise this Section 7.05 without the consent of the Holders.

Appears in 1 contract

Sources: Servicing Agreement (GMACM Home Loan Trust 2006-Hltv1)