OTHER CERTIFICATES AND NOTICES FROM SERVICER Sample Clauses

The "Other Certificates and Notices from Servicer" clause requires the servicer to provide additional certificates, statements, or notices as requested by the other party or as specified in the agreement. This may include periodic compliance certificates, notifications of certain events, or confirmations of actions taken by the servicer. The clause ensures that the party receiving services has access to necessary documentation and information, promoting transparency and enabling oversight of the servicer’s performance.
OTHER CERTIFICATES AND NOTICES FROM SERVICER. (a) Within 120 days after September 30 of each calendar year (commencing with the year ended September 30, 1998), the Servicer shall deliver an Officer's Certificate to the Titling Trustee and the 1998-B Securitization Trustee to the effect that a review of the activities of the Servicer during the prior calendar year (or since the commencement of the Titling Trust in the case of the first such Officer's Certificate) has been made under the supervision of the officer executing such Officer's Certificate with a view to determining whether during such period the Servicer has performed and observed all of its obligations under this 1998-B SUBI Servicing Supplement, and either (i) stating that, to the best of his or her knowledge, no default by the Servicer under this 1998-B SUBI Servicing Supplement has occurred and is continuing, or (ii) if such a default has occurred and is continuing, specifying such default and the nature and status thereof. (b) In the event the rating of the Servicer's long-term unsecured debt obligations falls below Baa1 by Moody's or BBB+ for Standard & Poor's as determined by a Rating Agency, then on a quarterly basis, the Servicer shall cause to be delivered to the 1998-B Securitization Trustee and each Rating Agency an Officer's Certificate stating that neither the Titling Trust nor any of its ERISA Affiliates: (i) maintains a Plan, which, as of its last valuation date, has any unfunded current liability; (ii) anticipates that the value of the assets of any Plan it maintains would not be sufficient to cover any Current Liability; or (iii) is contemplating benefit improvements with respect to any Plan then maintained by any such entity or the establishment of any new Plan, either of which would cause any such entity to maintain a Plan with Unfunded Current Liability.
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OTHER CERTIFICATES AND NOTICES FROM SERVICER. (a) The Servicer shall deliver to SPV, the Issuer, the Indenture Trustee and each Rating Agency promptly after having obtained knowledge thereof, but in no event later than three Business Days thereafter, an Officer's Certificate specifying the nature and status of any event which with the giving of notice or lapse of time, or both, would become a Servicer Termination Event. (b) The Servicer shall deliver to SPV, the Issuer, the Indenture Trustee and each Rating Agency on a quarterly basis, within 45 days following the end of each quarter, a certificate executed by a duly authorized officer of the Servicer stating whether or not, if all "employee benefit plans" subject to Title IV of ERISA which Servicer, or any entity which is a member of a "Controlled Group", of which the Servicer is also a member, maintains or sponsors were terminated on the last day of the immediately preceding quarter or immediately after such date, there would be any unfunded liabilities with respect to any such plan, its participants or beneficiaries, or the Pension Benefit Guarantee Corporation.
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OTHER CERTIFICATES AND NOTICES FROM SERVICER. (a) The annual Officer's Certificate of the Servicer required by Section 3.03 of the Servicing Agreement, to the extent that it refers to the Servicing Agreement, shall also specifically refer to the Servicing Agreement as supplemented by this Supplement, and shall additionally be delivered to the Indenture Trustee and each Rating Agency. (b) The Servicer shall deliver to the Indenture Trustee, the Origination Trustee and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, an Officer's Certificate specifying the nature and status of any event which with the giving of notice or lapse of time, or both, would become a 1997-B Servicer Event of Default. (c) On or prior to each Determination Date, the Servicer shall cause to be delivered to the Indenture Trustee and each Rating Agency an Officer's Certificate stating that neither the Trust nor any of its ERISA Affiliates: (i) maintains a Plan, which, as of its last valuation date, has Unfunded Current Liability; (ii) anticipates that the value of the assets of any Plan it maintains would not be sufficient to cover any Current Liability; or (iii) is contemplating benefit improvements with respect to any Plan then maintained by any such entity or the establishment of any new Plan, either of which would cause any such entity to maintain a Plan with Unfunded Current Liability.
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OTHER CERTIFICATES AND NOTICES FROM SERVICER. (a) The annual Officer's Certificate of the Servicer required by Section 3.03 of the Servicing Agreement, to the extent that it refers to the Servicing Agreement, shall also specifically refer to the Servicing Agreement as supplemented by this 1999-A Servicing Supplement, and shall additionally be delivered to the 1999-A Indenture Trustee and each Rating Agency. (b) Upon the occurrence of any 1999-A Servicer Termination Event, in addition to the requirements set forth in Section 4.01 of the Servicing Agreement, the Servicer shall provide to the 1999-A Indenture Trustee, the 1999-A Owner Trustee, and any holders of Rated Securities, prompt notice of such occurrence, together with a description of its efforts to cure such 1999-A Servicer Termination Event.
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OTHER CERTIFICATES AND NOTICES FROM SERVICER. (a) Within 90 days after the end of each fiscal year for which a report on Form 10-K is required to be filed with the Commission by or on behalf of the 20[__]-[__] Securitization Trust (commencing with the fiscal year ended December 31, 20[__]), the Servicer shall: (i) deliver to the Titling Trustee, the 20[__]-[__] Securitization Trust, the Administrator, the 20[__]-[__] Securitization Owner Trustee, the 20[__]-[__] Securitization Trustee and the UTI Beneficiary (if TMCC is no longer both the Servicer and the UTI Beneficiary) a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding fiscal year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB. Such report shall be addressed to the 20[__]-[__] Securitization Trust and signed by an authorized officer of the Servicer, and shall address each of the Servicing Criteria specified on a certification substantially in the form of Exhibit E hereto delivered to the 20[__]-[__] Securitization Trust and the Administrator concurrently with the execution of this 20[__]-[__] SUBI Servicing Supplement; (ii) deliver to the Titling Trustee, the 20[__]-[__] Securitization Trust, the Administrator, the 20[__]-[__] Securitization Owner Trustee, the 20[__]-[__] Securitization Trustee and the UTI Beneficiary (if TMCC is no longer both the Servicer and the UTI Beneficiary) a report of a registered public accounting firm reasonably acceptable to the 20[__]-[__] Securitization Trust and the Administrator that attests to, and reports on, the assessment of compliance made by the Servicer and delivered pursuant to the preceding paragraph. Such attestation shall be in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act; (iii) cause each Subservicer and each Subcontractor determined by the Servicer to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Titling Trustee, the 20[__]-[__] Securitization Trust, the Administrator, the 20[__]-[__] Securitization Owner Trustee, the 20[__]-[__] Securitization Trustee and the UTI Beneficiary (if TMCC is no longer both the Servicer and the UTI Beneficiary) an assessment of compliance and accountants’ attestation as and when provided in paragraphs (i) and (ii) of this Section; and (iv) if requested by the Administrator, acting on behalf of the 20[__]-[__] Securitization Trust, d...
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OTHER CERTIFICATES AND NOTICES FROM SERVICER. (a) The annual Officer's Certificate of the Servicer required by Section 3.03 of the Servicing Agreement, to the extent that it refers to the Servicing Agreement, shall also specifically refer to the Servicing Agreement as supplemented by this Supplement, and shall additionally be delivered to the Securitization Trustee and each Rating Agency. (b) The Servicer shall deliver to the Securitization Trustee, the Origination Trustee and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, an Officer's Certificate specifying the nature and status of any event which with the giving of notice or lapse of time, or both, would become a 1996-B Event of Default. (c) On or prior to each Determination Date, the Servicer shall cause to be delivered to the Securitization Trustee and each Rating Agency an Officer's Certificate stating that neither the Trust nor any of its ERISA Affiliates: (i) maintains a Plan, which, as of its last valuation date, has
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OTHER CERTIFICATES AND NOTICES FROM SERVICER. (a) The annual Officer's Certificate of the Servicer required by Section 3.03 of the Servicing Agreement, to the extent that it refers to the Servicing Agreement, shall also specifically refer to the Servicing Agreement as supplemented by this Supplement, and shall additionally be delivered to the Securitization Trustee and each Rating Agency. (b) The Servicer shall deliver to the Securitization Trustee, the Origination Trustee and each Rating Agency, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, an Officer's Certificate
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Related to OTHER CERTIFICATES AND NOTICES FROM SERVICER

  • Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer (a) Prior to the close of business on the Determination Date, the Master Servicer shall furnish a written statement to the Trustee, any Certificate Insurer, any Paying Agent and the Company (the information in such statement to be made available to Certificateholders by the Master Servicer on request) setting forth (i) the Available Distribution Amount and (ii) the amounts required to be withdrawn from the Custodial Account and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01(a). The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Trustee shall be protected in relying upon the same without any independent check or verification. (b) On or before 2:00 P.M. New York time on each Certificate Account Deposit Date, the Master Servicer shall either (i) deposit in the Certificate Account from its own funds, or funds received therefor from the Subservicers, an amount equal to the Advances to be made by the Master Servicer in respect of the related Distribution Date, which shall be in an aggregate amount equal to the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to the Net Mortgage Rate), less the amount of any related Servicing Modifications, Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, or similar legislation or regulations then in effect, on the Outstanding Mortgage Loans as of the related Due Date, which Monthly Payments were not received as of the close of business as of the related Determination Date; provided that no Advance shall be made if it would be a Nonrecoverable Advance, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the Amount Held for Future Distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the Amount Held for Future Distribution so used shall be replaced by the Master Servicer by deposit in the Certificate Account on or before 11:00 A.M. New York time on any future Certificate Account Deposit Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The Master Servicer shall be entitled to use any Advance made by a Subservicer as described in Section 3.07(b) that has been deposited in the Custodial Account on or before such Distribution Date as part of the Advance made by the Master Servicer pursuant to this Section 4.04. The amount of any reimbursement pursuant to Section 4.02(a) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, which allocation shall be made, to the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on related Mortgage Loans pursuant to Section 3.10. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by an Officers' Certificate of the Master Servicer delivered to the Company and the Trustee. If the Master Servicer determines as of the Business Day preceding any Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. Not later than 3:00 P.M., New York time, on the Certificate Account Deposit Date the Trustee shall, unless by 12:00 Noon, New York time, on such day the Trustee shall have been notified in writing (by telecopy) that the Master Servicer shall have directly or indirectly deposited in the Certificate Account such portion of the amount of the Advance as to which the Master Servicer shall have given notice pursuant to the preceding sentence, pursuant to Section 7.01, (a) terminate all of the rights and obligations of the Master Servicer under this Agreement in accordance with Section 7.01 and (b) assume the rights and obligations of the Master Servicer hereunder, including the obligation to deposit in the Certificate Account an amount equal to the Advance for the immediately succeeding Distribution Date. The Trustee shall deposit all funds it receives pursuant to this Section 4.04 into the Certificate Account.

  • Resignation of Master Servicer Except as otherwise provided in Sections 9.27 and 9.29 hereof, the Master Servicer shall not resign from the obligations and duties hereby imposed on it unless it determines that the Master Servicer’s duties hereunder are no longer permissible under applicable law or are in material conflict by reason of applicable law with any other activities carried on by it and cannot be cured. Any such determination permitting the resignation of the Master Servicer shall be evidenced by an Opinion of Counsel that shall be Independent to such effect delivered to the Trustee and any NIMS Insurer. No such resignation shall become effective until the Securities Administrator shall have assumed, or a successor master servicer acceptable to any NIMS Insurer and the Securities Administrator shall have been appointed by the Trustee and until such successor shall have assumed, the Master Servicer’s responsibilities and obligations under this Agreement. Notice of such resignation shall be given promptly by the Master Servicer and the Depositor to the Trustee, the Securities Administrator and any NIMS Insurer.

  • LOSS-SHARING NOTICES GIVEN TO RECEIVER AND PURCHASER All notices, demands and other communications hereunder shall be in writing and shall be delivered by hand, or overnight courier, receipt requested, addressed to the parties as follows: If to Receiver, to: Federal Deposit Insurance Corporation as Receiver for BankUnited, FSB Division of Resolutions and Receiverships ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇ Attention: ▇▇▇▇▇ Malami, Manager, Capital Markets with a copy to: Federal Deposit Insurance Corporation as Receiver for Room E7056 ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ 2226 Attn: Special Issues Unit With respect to a notice under Section 3.5 of this Single Family Shared-Loss Agreement, copies of such notice shall be sent to: Federal Deposit Insurance Corporation Legal Division ▇▇▇▇ ▇▇▇▇▇ ▇▇. Dallas, Texas 75201 Attention: Regional Counsel If to Assuming Bank, to: with a copy to: Such Persons and addresses may be changed from time to time by notice given pursuant to the provisions of this Article V. Any notice, demand or other communication delivered pursuant to the provisions of this Article IV shall be deemed to have been given on the . date actually received.

  • Master Servicing; Termination of Servicer ▇▇▇▇▇▇, including any successor servicer hereunder, shall be subject to the supervision of the Master Servicer, which Master Servicer shall be obligated to enforce ▇▇▇▇▇▇’▇ obligation to service the Mortgage Loans in accordance with the provisions of this Agreement. The Master Servicer, acting on behalf of the Trustee and the Trust Fund, shall have the same rights (but not the obligations) as the Purchaser to enforce the obligations of ▇▇▇▇▇▇ under the Purchase Agreement and unless otherwise specified in Exhibit One to this Agreement, references to the “Initial Purchaser” or the “Purchaser” in the Purchase Agreement shall be deemed to refer to the Master Servicer (including the Trustee and the Trust Fund on whose behalf the Master Servicer is acting); provided, however, that any obligation of the Purchaser to pay or reimburse ▇▇▇▇▇▇ shall be satisfied solely from funds available for such purposes in the Custodial Account or the Trust Fund pursuant to the Pooling and Servicing Agreement. The Master Servicer shall be entitled to terminate the rights and obligations of ▇▇▇▇▇▇ under this Agreement upon the occurrence of an Event of Default under Section 15.01 of the Purchase Agreement (as modified by this Agreement). Notwithstanding anything herein to the contrary, in no event shall the Master Servicer or the Trustee be required to assume any of the obligations of the Purchaser under the Purchase Agreement and, in connection with the performance of the Master Servicer’s duties hereunder, the parties and other signatories hereto agree that the Master Servicer shall be entitled to all the rights, protections and limitations of liability afforded to the Master Servicer under the Pooling and Servicing Agreement.

  • Addition of Trust as Party to Distribution Agreement Pursuant to Section 1 of the Distribution Agreement, each of the undersigned parties hereby acknowledges and agrees that the Trust, upon execution hereof by the Trust and the other parties to the Distribution Agreement (other than any other trusts organized in connection with the Registration Statement that are party thereto as of the date hereof), shall become a Trust for purposes of the Distribution Agreement in accordance with the terms thereof, in respect of the Notes, with all the authority, rights, powers, duties and obligations of a Trust under the Distribution Agreement. The Trust confirms that any agreement, covenant, acknowledgment, representation or warranty under the Distribution Agreement applicable to the Trust is made by the Trust at the date hereof, unless another time or times are specified in the Distribution Agreement, in which case such agreement, covenant, acknowledgment, representation or warranty shall be deemed to be confirmed by the Trust at such specified time or times.