Common use of Annual Servicer's Certificate Clause in Contracts

Annual Servicer's Certificate. Unless the Servicer has been ----------------------------- relieved of all of its obligations under this Agreement because the final Series has been repaid during the prior calendar year, the Servicer will deliver to the Indenture Trustee, any Enhancement Provider and any Rating Agency on or before April 30 of each calendar year, beginning with April 30, 2002, an Officer's Certificate substantially in the form of Exhibit D stating that (a) a review of --------- the activities of the Servicer during the preceding calendar year (or, with respect to the certificate to be delivered on April 30, 2002, since the Issuer's inception) and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (b) to the best of such officer's knowledge, based on such review, the Servicer has fully performed all its obligations under this Agreement throughout such period, or, if there has been a default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Spiegel Inc), Transfer and Servicing Agreement (First Consumers Master Trust)

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Annual Servicer's Certificate. Unless the Servicer has ----------------------------- been ----------------------------- relieved of all of its obligations under this Agreement because the final Series has been repaid during the prior calendar year, the Servicer will deliver to the Indenture Trustee, any Enhancement Provider and any Rating Agency on or before April 30 of each calendar year, beginning with April 30, 2002, an Officer's Certificate substantially in the form of Exhibit D stating that (a) a --------- review of --------- the activities of the Servicer during the preceding calendar year (or, with respect to the certificate to be delivered on April 30, 2002, since the Issuer's inception) and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (b) to the best of such officer's knowledge, based on such review, the Servicer has fully performed all its obligations under this Agreement throughout such period, or, if there has been a default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (First Consumers Master Trust)

Annual Servicer's Certificate. Unless the Servicer has been ----------------------------- relieved of all of its obligations under this Agreement because the final Series has been repaid during the prior calendar year, the Servicer will deliver to the Indenture Trustee, any Enhancement Provider and any Rating Agency on or before April 30 of each calendar year, beginning with April 30, 20022001, an Officer's Certificate substantially in the form of Exhibit D stating that (a) a review of --------- the activities of the Servicer during the preceding calendar year (or, with respect to the certificate to be delivered on April 30, 20022001, since the Issuer's inception) and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (b) to the best of such officer's knowledge, based on such review, the Servicer has fully performed all its obligations under this Agreement throughout such period, or, if there has been a default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Spiegel Master Trust)

Annual Servicer's Certificate. Unless the Servicer has been On or before May 31, ----------------------------- relieved of all of its obligations under this Agreement because the final Series has been repaid during the prior each calendar yearyear beginning with May 31, 1995, the Servicer will shall deliver to the Indenture Trustee, any Enhancement Provider and any each Rating Agency on or before April 30 of and each calendar year, beginning with April 30, 2002Series Enhancer entitled thereto pursuant to the relevant Supplement, an Officer's Certificate substantially in the form of Exhibit D stating that (a) a review of --------- the activities of the Servicer during the preceding calendar year (or, with respect to the certificate to be delivered on April 30, 2002, since the Issuer's inception) prior twelve month period and of its performance under this Agreement was made under the supervision of the officer signing such certificate and certificate, (b) to the best of such officer's knowledge, based on such review, the Servicer has fully performed all its obligations under this Agreement throughout such period, or, if there has been a default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy thereof and (c) the report required to be delivered to the Servicer by the independent certified public accountants pursuant to subsection 3.06(b) of this Agreement has been delivered to the Servicer, and such certificate report contains no exceptions, except for such exceptions as the independent certified public accountants believe to be immaterial and such other exceptions as may be obtained by any Noteholder by a request set forth in writing to the Indenture Trustee addressed to the Corporate Trust Officesuch report and listed in such Officer's Certificate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc One Credit Card Master Trust)

Annual Servicer's Certificate. Unless the Servicer has been ----------------------------- relieved of all of its obligations under this Agreement because the final Series has been repaid re-paid during the prior calendar year, the Servicer will deliver to the Indenture Owner Trustee, any Enhancement Provider and any Rating Agency on or before April 30 of each calendar year, beginning with April 30, 20022001, an Officer's Certificate substantially in the form of Exhibit D E-1 stating that (a) a review ----------- of --------- the activities of the Servicer during the preceding calendar year (or, with respect to the certificate to be delivered on April 30, 2002[___________], since the Issuer's inception) and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (b) to the best of such officer's knowledge, based on such review, the Servicer has fully performed all its obligations under this Agreement throughout such period, or, if there has been a default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder by a request in writing to the Indenture Owner Trustee addressed to the Corporate Trust Office.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Spiegel Master Trust)

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Annual Servicer's Certificate. Unless the Servicer has ----------------------------- been ----------------------------- relieved of all of its obligations under this Agreement because the final Series has been repaid during the prior calendar year, the Servicer will deliver to the Indenture Trustee, any Enhancement Provider and any Rating Agency on or before April 30 of each calendar year, beginning with April 30, 2002, an Officer's Certificate substantially in the form of Exhibit D stating that (a) a review of the --------- the activities of the Servicer during the preceding calendar year (or, with respect to the certificate to be delivered on April 30, 20022001, since the Issuer's inception) and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (b) to the best of such officer's knowledge, based on such review, the Servicer has fully performed all its obligations under this Agreement throughout such period, or, if there has been a default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (First Consumers Master Trust)

Annual Servicer's Certificate. Unless the Servicer has been ----------------------------- relieved of all of its obligations under this Agreement because the final Series has been repaid during the prior calendar year, the The Servicer will deliver ----------------------------- to the Rating Agencies, the Owner Trustee, the Indenture Trustee, any Enhancement Provider Agent and any Rating Agency Enhancement Providers on or before April 30 of each calendar year, beginning with April 30, 20022001, an Officer's Officers' Certificate substantially in the form of Exhibit D B stating that (a) a review of --------- the activities of the Servicer during the --------- preceding calendar year (or, with respect to the certificate to be delivered on April 30, 2002, or since the Issuer's inceptionInitial Closing Date, in the case of the first such Officers' Certificate) and of its performance under this Agreement was made under the supervision of the officer signing such certificate and (b) to the best of such officer's knowledge, based on such review, the Servicer has fully performed in all material respects its obligations under this Agreement throughout such periodyear (or since the Initial Closing Date, in the case of the first such Officers' Certificate), or, if there has been a material default in the performance of any such obligation, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate may be obtained by any Noteholder or the Residual Interestholder by a request in writing to the Indenture Owner Trustee addressed to the Corporate Trust Office.

Appears in 1 contract

Samples: Trust Sale and Servicing Agreement (Volkswagen Dealer Finance LLC)

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