Common use of Annual Independent Public Accountants’ Report Clause in Contracts

Annual Independent Public Accountants’ Report. The Servicer shall cause a firm of independent public accountants (who may also render other services to the Servicer, the Seller or the Originator) to deliver to the Trustee, with a copy to the Insurer and each Rating Agency, within 135 days following the end of each fiscal year of the Servicer, beginning with the Servicer's fiscal year ending September 30, 2000, a written statement to the effect that such firm has (a) obtained from the Servicer a copy of the monthly status report pursuant to Section 6.01 for each of three months during the previous calendar year, such three months to be selected at random by such firm of independent public accountants; (b) compared the information contained in such monthly status report and in the monthly summaries prepared by the Servicer in support of such monthly status report to the computer printouts and accounts prepared by the Servicer and supporting such reports; and (c) selected, at random, 100 Leases included in the Asset Pool and compared the activity in the files maintained by the Servicer for such Leases to the activity as reported for those Leases to the monthly summaries prepared by the Servicer and supporting the monthly status report, and that, on the basis of such examination and comparison, such firm is of the opinion that the Servicer has prepared such monthly status report and summaries in agreement with the computer printouts, accounts and individual Lease files, except in each case for (x) such exceptions as such firm shall believe to be immaterial and (y) such other exceptions as shall be set forth in such statement. In the event such firm of independent public accountants requires the Trustee to agree to the procedures performed by such firm, the Servicer shall direct the Trustee in writing to so agree; it being understood and agreed that the Trustee shall deliver such letter of agreement in conclusive reliance upon the direction of the Servicer, and the Trustee makes no independent inquiry or investigation as to, and shall have no obligation or liability in respect of, the sufficiency, validity or correctness of such procedures.

Appears in 3 contracts

Samples: Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (Ikon Receivables LLC)

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Annual Independent Public Accountants’ Report. The Servicer shall cause a firm of independent public accountants (who may also render other services to the Servicer, the Seller or the Originator) to deliver to the Trustee, with a copy to the Insurer and each Rating Agency, within 135 days following the end of each fiscal year of the Servicer, beginning with the Servicer's fiscal year ending September 30, 20001999, a written statement to the effect that such firm has (a) obtained from the Servicer a copy of the monthly status report pursuant to Section 6.01 for each of three months during the previous calendar year, such three months to be selected at random by such firm of independent public accountants; (b) compared the information contained in such monthly status report and in the monthly summaries prepared by the Servicer in support of such monthly status report to the computer printouts and accounts prepared by the Servicer and supporting such reports; and (c) selected, at random, 100 Leases included in the Asset Pool and compared the activity in the files maintained by the Servicer for such Leases to the activity as reported for those Leases to the monthly summaries prepared by the Servicer and supporting the monthly status report, and that, on the basis of such examination and comparison, such firm is of the opinion that the Servicer has prepared such monthly status report and summaries in agreement with the computer printouts, accounts and individual Lease files, except in each case for (x) such exceptions as such firm shall believe to be immaterial and (y) such other exceptions as shall be set forth in such statement. In the event such firm of independent public accountants requires the Trustee to agree to the procedures performed by such firm, the Servicer shall direct the Trustee in writing to so agree; it being understood and agreed that the Trustee shall deliver such letter of agreement in conclusive reliance upon the direction of the Servicer, and the Trustee makes no independent inquiry or investigation as to, and shall have no obligation or liability in respect of, the sufficiency, validity or correctness of such procedures.

Appears in 2 contracts

Samples: Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (Ikon Receivables LLC)

Annual Independent Public Accountants’ Report. The Servicer shall cause a firm of independent public accountants (who may also render other services to the Servicer, the Seller or the Originator) to deliver to the Trustee, with a copy to the Insurer and each Rating Agency, within 135 days following the end of each fiscal year of the Servicer, beginning with the Servicer's fiscal year ending September 30, 20002003, a written statement to the effect that such firm has (a) obtained from the Servicer a copy of the monthly status report pursuant to Section 6.01 for each of three months during the previous calendar year, such three months to be selected at random by such firm of independent public accountants; (b) compared the information contained in such monthly status report and in the monthly summaries prepared by the Servicer in support of such monthly status report to the computer printouts and accounts prepared by the Servicer and supporting such reports; and (c) selected, at random, 100 Leases included in the Asset Pool and compared the activity in the files maintained by the Servicer for such Leases to the activity as reported for those Leases to the monthly summaries prepared by the Servicer and supporting the monthly status report, and that, on the basis of such examination and comparison, such firm is of the opinion that the Servicer has prepared such monthly status report and summaries in agreement with the computer printouts, accounts and individual Lease files, except in each case for (x) such exceptions as such firm shall believe to be immaterial and (y) such other exceptions as shall be set forth in such statement. In the event such firm of independent public accountants requires the Trustee to agree to the procedures performed by such firm, the Servicer shall direct the Trustee in writing to so agree; it being understood and agreed that the Trustee shall deliver such letter of agreement in conclusive reliance upon the direction of the Servicer, and the Trustee makes no independent inquiry or investigation as to, and shall have no obligation or liability in respect of, the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Assignment and Servicing Agreement (Ikon Receivables Funding LLC)

Annual Independent Public Accountants’ Report. The Servicer shall cause a firm of independent public accountants (who may also render other services to the Servicer, the Seller or the Originator) to deliver to the Trustee, with a copy to the Insurer and each Rating Agency, within 135 days following the end of each fiscal year of the Servicer, beginning with the Servicer's fiscal year ending September 30, 20002001, a written statement to the effect that such firm has (a) obtained from the Servicer a copy of the monthly status report pursuant to Section 6.01 for each of three months during the previous calendar year, such three months to be selected at random by such firm of independent public accountants; (b) compared the information contained in such monthly status report and in the monthly summaries prepared by the Servicer in support of such monthly status report to the computer printouts and accounts prepared by the Servicer and supporting such reports; and (c) selected, at random, 100 Leases included in the Asset Pool and compared the activity in the files maintained by the Servicer for such Leases to the activity as reported for those Leases to the monthly summaries prepared by the Servicer and supporting the monthly status report, and that, on the basis of such examination and comparison, such firm is of the opinion that the Servicer has prepared such monthly status report and summaries in agreement with the computer printouts, accounts and individual Lease files, except in each case for (x) such exceptions as such firm shall believe to be immaterial and (y) such other exceptions as shall be set forth in such statement. In the event such firm of independent public accountants requires the Trustee to agree to the procedures performed by such firm, the Servicer shall direct the Trustee in writing to so agree; it being understood and agreed that the Trustee shall deliver such letter of agreement in conclusive reliance upon the direction of the Servicer, and the Trustee makes no independent inquiry or investigation as to, and shall have no obligation or liability in respect of, the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Assignment and Servicing Agreement (Ikon Receivables LLC)

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Annual Independent Public Accountants’ Report. The Servicer shall cause a firm of independent public accountants (who may also render other services to the Servicer, the Seller or the Originator) to deliver to the Trustee, with a copy [to the Insurer Insurer] and each Rating Agency, within 135 days following the end of each fiscal year of the Servicer, beginning with the Servicer's fiscal year ending September 30, 20002002, a written statement to the effect that such firm has (a) obtained from the Servicer a copy of the monthly status report pursuant to Section 6.01 for each of three months during the previous calendar year, such three months to be selected at random by such firm of independent public accountants; (b) compared the information contained in such monthly status report and in the monthly summaries prepared by the Servicer in support of such monthly status report to the computer printouts and accounts prepared by the Servicer and supporting such reports; and (c) selected, at random, 100 Leases included in the Asset Pool and compared the activity in the files maintained by the Servicer for such Leases to the activity as reported for those Leases to the monthly summaries prepared by the Servicer and supporting the monthly status report, and that, on the basis of such examination and comparison, such firm is of the opinion that the Servicer has prepared such monthly status report and summaries in agreement with the computer printouts, accounts and individual Lease files, except in each case for (x) such exceptions as such firm shall believe to be immaterial and (y) such other exceptions as shall be set forth in such statement. In the event such firm of independent public accountants requires the Trustee to agree to the procedures performed by such firm, the Servicer shall direct the Trustee in writing to so agree; it being understood and agreed that the Trustee shall deliver such letter of agreement in conclusive reliance upon the direction of the Servicer, and the Trustee makes no independent inquiry or investigation as to, and shall have no obligation or liability in respect of, the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Assignment and Servicing Agreement (Ikon Receivables Funding LLC)

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