▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) in the form of Exhibit M hereto upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust Fund. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 with respect to the period of time it was subject to this Agreement or any applicable subservicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (HarborView 2007-7), Pooling and Servicing Agreement (HarborView 2007-5), Pooling and Servicing Agreement (HarborView 2007-2)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust Fund. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇Trust. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding The Master Servicer shall enforce any obligation of the foregoingServicers, (i) to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer and a certification similar to the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are within the same Person time frame set forth in, and in such form and substance as may be required pursuant to, the Master Servicer is the Certifying Person related Purchase and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section Servicing Agreement or any Servicing Agreement, as applicable.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S1)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification”), required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator Each Servicer (including the Back-up Servicer and Special Servicer, that has succeeded to the obligation of a Servicer to service any of the Mortgage Loans), the Master Servicer and the Trust Administrator shall provide, and each such party Servicer, the Master Servicer and the Trust Administrator shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto U, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function The Depositor shall serve as the Certifying Person on behalf of the Trust Fund. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇Trust. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 13.09 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding The Master Servicer shall enforce any obligation of the foregoingDesignated Servicers, (i) to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer and a certification similar to the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not as may be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any the related Designated Servicing Agreement.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-7), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-5)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification”), required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and Servicer, the Master Servicer and the Trust Administrator shall provide, and each such party the Servicer, the Master Servicer and the Trust Administrator shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto U, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function The Depositor shall serve as the Certifying Person on behalf of the Trust Fund. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇Trust. In the event any such party the Master Servicer, the Trust Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 14.09 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding The Master Servicer shall enforce any obligation of the foregoingServicer, (i) to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer and a certification similar to the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not as may be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any the related Designated Servicing Agreement.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-4), Pooling and Servicing Agreement (TBW 2006-1), Pooling and Servicing Agreement (TBW 2006-2)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. (a) Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and Each of the Subservicer, the Master Servicer and the Trust Administrator shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 1 (with a 5 ten-calendar day cure period) of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 with respect to the period of time it was subject to this Agreement 8.14 notwithstanding any such termination or any applicable subservicing agreement, as the case may beresignation. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Trust Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section section. In addition, if at any time FSC, or any Servicing Agreementsuccessor thereto, is directly servicing any of the Mortgage Loans, then FSC, or such successor also shall be obligated to comply with the provisions of this Section 8.14.
Appears in 3 contracts
Sources: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP), Transfer and Servicing Agreement (Fieldstone Mortgage Investment Trust, Series 2006-2), Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 1 (with a 5 ten-calendar day cure period) ), (or by such other date and cure period specified in the applicable Servicing Agreement), of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification certification, if applicable in the form provided by the related Servicing Agreement (each, a “Back-Up Certification”) in the form of Exhibit M hereto ), upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing AgreementAgreement or custodial agreement.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-5), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-6), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 1 (with a 5 ten-calendar day cure period) ), (or by such other date and cure period specified in the applicable Servicing Agreement), of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification certification, if applicable in the form provided by the related Servicing Agreement (each, a “Back-Up Certification”) in the form of Exhibit M hereto ), upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Thornburg 2006-2), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-3)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior The duly authorized officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust Fund. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇Trust. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding The Master Servicer shall enforce any obligation of the foregoingServicers, (i) to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer and a certification similar to the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are within the same Person time frame set forth in, and in such form and substance as may be required pursuant to, the Master Servicer is the Certifying Person related Purchase and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section Servicing Agreement or any Servicing Agreement, as applicable.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A1), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A2)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto P, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail email at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement. The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to, the related Purchase and Servicing Agreement or Servicing Agreement, as applicable.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (J P Morgan Acceptance Corp I), Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A7)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto M, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any the Servicing Agreement or Custodial Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1), Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) in the form of Exhibit M hereto upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any the Servicing Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Harborview 2006-7), Pooling and Servicing Agreement (Dsla 2006-Ar2)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail email at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇(866) 831 – 7910. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement. The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to, the related Purchase and Servicing Agreement or Servicing Agreement, as applicable.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A5), Pooling and Servicing Agreement (Bond Securitization LLC)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification”), required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and Each Servicer, the Master Servicer and the Trust Administrator shall provide, and each such party Servicer, the Master Servicer and the Trust Administrator shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto U, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function The Depositor shall serve as the Certifying Person on behalf of the Trust Fund. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇Trust. In the event any such party the Master Servicer, the Trust Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 14.09 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding The Master Servicer shall enforce any obligation of the foregoingDesignated Servicers, (i) to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer and a certification similar to the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not as may be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any the related Designated Servicing Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-3), Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-1)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail email at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement. The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to, the related Purchase and Servicing Agreement or Servicing Agreement, as applicable.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (JPMMT 2007-A6), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-A5)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. (a) Each Form 10-K shall include a certification, in the form attached hereto as Exhibit W (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification”), required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer, the Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q-1, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail email at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party the Master Servicer, the Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 12.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. .
(b) Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing the Custodial Agreement.
(c) The Master Servicer shall enforce any obligation of the Servicer, to the extent set forth herein to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Home Equity Loan Trust 2007-Fre1)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto P, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail email at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement. The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to, the related Purchase and Servicing Agreement or Servicing Agreement, as applicable.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2007-A1)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 1 (with a 5 ten-calendar day cure period) ), (or by such other date and cure period specified in the applicable Servicing Agreement), of each year in which the Trust Fund Issuer is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification certification, if applicable in the form provided by the related Servicing Agreement (each, a “Back-Up Certification”) in the form of Exhibit M hereto ), upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundIssuer. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ [ ] or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇[ ]. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing AgreementAgreement or custodial agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior The duly authorized officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail email at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement. The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to, the related Purchase and Servicing Agreement or Servicing Agreement, as applicable.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A3)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 1 (with a 5 ten-calendar day cure period) ), (or by such other date and cure period specified in the applicable Servicing Agreement), of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification certification, if applicable in the form provided by the related Servicing Agreement (each, a “Back-Up Certification”) in the form of Exhibit M hereto ), upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely; provided, that such Back-Up Certification may not be filed as an exhibit to, or included in, any filing with the Commission. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement.
Appears in 1 contract
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 1 (with a 5 ten-calendar day cure period) ), (or by such other date and cure period specified in the applicable Servicing Agreement), of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification certification, if applicable in the form provided by the related Servicing Agreement (each, a “Back-Up Certification”) in the form of Exhibit M hereto ), upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ [ ] or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇[ ]. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing AgreementAgreement or custodial agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Corp)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) in the form of Exhibit M hereto upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Harborview 2006-6)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto M, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification”), required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and Each Servicer (including the Special Servicer), the Master Servicer and the Trust Administrator shall provide, and each such party Servicer, the Master Servicer and the Trust Administrator shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto U, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function The Depositor shall serve as the Certifying Person on behalf of the Trust Fund. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇Trust. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 13.09 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding The Master Servicer shall enforce any obligation of the foregoingDesignated Servicers, (i) to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer and a certification similar to the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not as may be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any the related Designated Servicing Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification”), required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator Each Servicer (including the Back-up Servicer and Special Servicer, as applicable), the Master Servicer and the Trust Administrator shall provide, and each such party Servicer, the Master Servicer and the Trust Administrator shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto U, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function The Depositor shall serve as the Certifying Person on behalf of the Trust Fund. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇Trust. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 13.09 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding The Master Servicer shall enforce any obligation of the foregoingDesignated Servicers, (i) to the extent set forth in the related Designated Servicing Agreement, to deliver to the Master Servicer and a certification similar to the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not as may be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any the related Designated Servicing Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-5)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust, except in the event the Master Servicer, in good faith, is unable to come to an agreement with National City with respect to the provisions of the National City Purchase and Servicing Agreement that the Master Servicer reasonably believes would enable the Master Servicer to comply with the requirements of Regulation AB with respect to it's duties and obligations under this Agreement, in which case the Depositor shall serve as Certifying Person on behalf of the Trust. Such With respect to the Master Servicer, such officer of the Certifying Person can be contacted by e-mail email at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement. The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to, the related Purchase and Servicing Agreement or Servicing Agreement, as applicable.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S3)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “"Certifying Person”"), by March 10 1 (with a 5 ten-calendar day cure period) ), (or by such other date and cure period specified in the applicable Servicing Agreement), of each year in which the Trust Fund Issuer is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification certification, if applicable in the form provided by the related Servicing Agreement (each, a “"Back-Up Certification”) in the form of Exhibit M hereto "), upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s 's officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundIssuer. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing AgreementAgreement or custodial agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Structured Asset Mortgage Investments Ii Inc)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “"Certifying Person”"), by March 10 1 (with a 5 ten-calendar day cure period) ), (or by such other date and cure period specified in the applicable Servicing Agreement), of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification certification, if applicable in the form provided by the related Servicing Agreement (each, a “"Back-Up Certification”) in the form of Exhibit M hereto "), upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s 's officers, directors and Affiliates (collectively with the Certifying Person, “"Certification Parties”") can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing AgreementAgreement or custodial agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-5)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail email at ctssecnotificationswellsfarg.htm">▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement. The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to, the related Purchase and Servicing Agreement or Servicing Agreement, as applicable.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S2)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification”), exactly as set forth in Exhibit [ ] attached hereto, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator Master Servicer and the Master Servicer shall provide, and each such party Trustee shall cause any Servicing Function Participant engaged by it to provide, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇[_____]. In the event any such party the Master Servicer, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3(w) with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding The Master Servicer shall enforce any obligation of the foregoingServicers, (i) to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and a certification similar to the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are within the same Person time frame set forth in, and in such form and substance as may be required pursuant to, the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any related Servicing Agreement.
Appears in 1 contract
Sources: Master Servicing Agreement (J P Morgan Acceptance Corp I)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the "▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification"), exactly as set forth in Exhibit CC attached hereto, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Each Reporting Servicer shall provideshall, and each such party Reporting Servicer shall (a) use reasonable efforts to cause any each Servicing Function Participant engaged by (other than any party to this Agreement) with which it has entered into a servicing relationship on or prior to providethe Closing Date with respect to the Mortgage Loans and (b) cause each Servicing Function Participant (other than any party to this Agreement) with which it has entered into a servicing relationship after the Closing Date with respect to the Mortgage Loans, to, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “"Certifying Person”"), by noon (New York City time) on March 10 (with a 5 calendar day cure period) 7th of each year subsequent to the fiscal year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up "Performance Certification”) "), in the form of attached hereto as Exhibit M hereto CC-1, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s 's officers, directors and Affiliates (collectively with the Certifying Person, “"Certification Parties”") can reasonably rely. A The senior officer of the Master Servicer in charge of securitization of the master servicing function Depositor shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇ ▇▇▇.▇▇▇▇ Capital I Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇@, Attention: ▇▇▇▇▇▇ Friend, with a copy to ▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇▇, Esq. In the event If any such party or any Servicing Function Participant engaged by such party Reporting Servicer is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement or primary servicing agreement, as the case may be, such party Reporting Servicer shall provide a Back-Up Performance Certification and a reliance certificate to the Certifying Person pursuant to this Section 3.19 13.8 with respect to the period of time it was subject to this Agreement or any the applicable subservicing sub-servicing or primary servicing agreement, as the case may be. Notwithstanding Each Performance Certification shall include a reasonable reliance provision enabling the foregoing, Certification Parties to rely upon each (i) the Master Servicer and the Securities Administrator shall not be required annual compliance statement provided pursuant to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and Section 13.11, (ii) annual report on assessment of compliance with Servicing Criteria provided pursuant to Section 13.12 and (iii) registered public accounting firm attestation report provided pursuant to Section 13.13 and shall include a certification that each such annual report on assessment of compliance discloses any material instances of noncompliance described to the Master registered public accountants of such Reporting Servicer to enable such accountants to render the attestation provided for in Section 13.13. If any Serviced Companion Mortgage Loan is deposited into a commercial mortgage securitization, each Reporting Servicer shall not be obligated provide to sign the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification with respect to an Other Securitization a Performance Certification (which shall address the matters contained in the event that it does not receive Performance Certification, but solely with respect to the related Serviced Companion Mortgage Loan), upon which such certifying person, the entity for which the certifying person acts as an officer, and such entity's officers, directors and Affiliates can reasonably rely. With respect to any BackNon-Up Certification required to be furnished to it pursuant to this section or any Serviced Mortgage Loan serviced under a Non-Serviced Mortgage Loan Pooling and Servicing Agreement, the Master Servicer will use its reasonable efforts to procure a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ back-up certification from the Non-Serviced Mortgage Loan Master Servicer, Non-Serviced Mortgage Loan Special Servicer, Non-Servicer Mortgage Loan Paying Agent and the Non-Serviced Mortgage Loan Trustee in form and substance similar to a Performance Certification.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top21)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) in the form of Exhibit M hereto upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (HarborView 2006-13)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail email at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement. The Master Servicer shall enforce any obligation of the Servicer, to the extent set forth in the Servicing Agreement, as applicable, to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to, the Servicing Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2006-Wf1)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, ”) required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator Master Servicer and the Master Servicer shall provide, and each such party Indenture Trustee shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto [ ], upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail email at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at (▇▇▇-) ▇▇▇-▇▇▇▇. In the event any such party the Master Servicer, the Indenture Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator Indenture Trustee shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any Servicing Agreement or Custodial Agreement. The Master Servicer shall enforce any obligation of the Servicers, to the extent set forth in the related Purchase and Servicing Agreement or Servicing Agreement, as applicable, to deliver to the Master Servicer a certification similar to the Back-Up Certification within the time frame set forth in, and in such form and substance as may be required pursuant to, the related Purchase and Servicing Agreement or Servicing Agreement, as applicable.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Bond Securitization LLC)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the "▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification"), exactly as set forth in Exhibit CC attached hereto, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Each Reporting Servicer shall provideshall, and each such party Reporting Servicer shall (a) use reasonable efforts to cause any each Servicing Function Participant engaged by (other than any party to this Agreement) with which it has entered into a servicing relationship on or prior to providethe Closing Date with respect to the Mortgage Loans and (b) cause each Servicing Function Participant (other than any party to this Agreement) with which it has entered into a servicing relationship after the Closing Date with respect to the Mortgage Loans, to, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “"Certifying Person”"), by noon (New York City time) on March 10 (with a 5 calendar day cure period) 7th of each year subsequent to the fiscal year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up "Performance Certification”) "), in the form of attached hereto as Exhibit M hereto CC-1, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s 's officers, directors and Affiliates (collectively with the Certifying Person, “"Certification Parties”") can reasonably rely. A The senior officer of the Master Servicer in charge of securitization of the master servicing function Depositor shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇ ▇▇▇.▇▇▇▇ Capital I Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇@, Attention: ▇▇▇▇▇▇ Friend, with a copy to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇▇, Esq. In the event If any such party or any Servicing Function Participant engaged by such party Reporting Servicer is terminated or resigns 271 pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement or primary servicing agreement, as the case may be, such party Reporting Servicer shall provide a Back-Up Performance Certification and a reliance certificate to the Certifying Person pursuant to this Section 3.19 13.6 with respect to the period of time it was subject to this Agreement or any the applicable subservicing sub-servicing or primary servicing agreement, as the case may be. Notwithstanding Each Performance Certification shall include a reasonable reliance provision enabling the foregoing, Certification Parties to rely upon each (i) the Master Servicer and the Securities Administrator shall not be required annual compliance statement provided pursuant to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and Section 13.9, (ii) annual report on assessment of compliance with Servicing Criteria provided pursuant to Section 13.10 and (iii) registered public accounting firm attestation report provided pursuant to Section 13.11 and shall include a certification that each such annual report on assessment of compliance discloses any material instances of noncompliance described to the Master registered public accountants of such Reporting Servicer to enable such accountants to render the attestation provided for in Section 13.11. If any Serviced Companion Mortgage Loan is deposited into a commercial mortgage securitization, each Reporting Servicer shall not be obligated provide to sign the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification with respect to an Other Securitization a Performance Certification (which shall address the matters contained in the event that it does not receive Performance Certification, but solely with respect to the related Serviced Companion Mortgage Loan), upon which such certifying person, the entity for which the certifying person acts as an officer, and such entity's officers, directors and Affiliates can reasonably rely. With respect to any BackNon-Up Certification required to be furnished to it pursuant to this section or any Serviced Mortgage Loan serviced under a Non-Serviced Mortgage Loan Pooling and Servicing Agreement, the Master Servicer will use its reasonable efforts to procure a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ back-up certification from the Non-Serviced Mortgage Loan Master Servicer, Non-Serviced Mortgage Loan Special Servicer, Non-Servicer Mortgage Loan Paying Agent and the Non-Serviced Mortgage Loan Trustee in form and substance similar to a Performance Certification or in the form specified in the Non-Serviced Mortgage Loan Pooling and Servicing Agreement. The Master Servicer shall promptly forward any such ▇▇▇▇▇▇▇▇-▇▇▇▇▇ back-up certification to the Paying Agent and the Depositor.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Hq8)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a certification (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification”), exactly as set forth in Exhibit [ ] attached hereto, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Master Servicer and the Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provideto, provide to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) 15 of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) ), in the form of attached hereto as Exhibit M hereto Q, upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A The senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇[_____]. In the event any such party the Master Servicer, the Securities Administrator, the Trustee or any Servicing Function Participant engaged by such party parties is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing sub-servicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 11.08 with respect to the period of time it was subject to this Agreement or any applicable subservicing sub-servicing agreement, as the case may be. Notwithstanding The Master Servicer shall enforce any obligation of the foregoingServicers, (i) to the extent set forth in the related Servicing Agreement, to deliver to the Master Servicer and a certification similar to the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are within the same Person time frame set forth in, and in such form and substance as may be required pursuant to, the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any related Servicing Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (J P Morgan Acceptance Corp I)
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) in the form of Exhibit M hereto upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust Fund. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 with respect to the period of time it was subject to this Agreement or any applicable subservicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any the Servicing Agreement.
Appears in 1 contract
▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification. Each Form 10-K shall include a ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification, required to be included therewith pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. The Securities Administrator and the Master Servicer shall provide, and each such party shall cause any Servicing Function Participant engaged by it to provide, to the Person who signs the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification (the “Certifying Person”), by March 10 (with a 5 calendar day cure period) of each year in which the Trust Fund is subject to the reporting requirements of the Exchange Act and otherwise within a reasonable period of time upon request, a certification (each, a “Back-Up Certification”) in the form of Exhibit M hereto upon which the Certifying Person, the entity for which the Certifying Person acts as an officer, and such entity’s officers, directors and Affiliates (collectively with the Certifying Person, “Certification Parties”) can reasonably rely. A senior officer of the Master Servicer in charge of the master servicing function shall serve as the Certifying Person on behalf of the Trust FundTrust. Such officer of the Certifying Person can be contacted by e-mail at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by facsimile at ▇▇▇-▇▇▇-▇▇▇▇. In the event any such party or any Servicing Function Participant engaged by such party is terminated or resigns pursuant to the terms of this Agreement, or any applicable subservicing agreement, as the case may be, such party shall provide a Back-Up Certification to the Certifying Person pursuant to this Section 3.19 3.18 with respect to the period of time it was subject to this Agreement or any applicable subservicing agreement, as the case may be. Notwithstanding the foregoing, (i) the Master Servicer and the Securities Administrator shall not be required to deliver a Back-Up Certification to each other if both are the same Person and the Master Servicer is the Certifying Person and (ii) the Master Servicer shall not be obligated to sign the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Certification in the event that it does not receive any Back-Up Certification required to be furnished to it pursuant to this section or any the Servicing Agreement or custodial Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Harborview 2006-Bu1)