Common use of Annual Statement as to Compliance; Notice of Servicer Default Clause in Contracts

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 2012, (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s certificate signed by an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable. The Servicer shall deliver to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB.

Appears in 7 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2011-2), Servicing Agreement (Ally Auto Receivables Trust 2011-4), Servicing Agreement (Ally Auto Receivables Trust 2011-1)

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Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20122013, (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s certificate signed by an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable. The Servicer shall deliver to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 2013 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB.

Appears in 6 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2012-5), Servicing Agreement (Ally Auto Receivables Trust 2012-3), Servicing Agreement (Ally Auto Receivables Trust 2012-3)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20122015, (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s certificate signed by an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable. The Servicer shall deliver to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 2015 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB.

Appears in 6 contracts

Samples: Servicing Agreement (Ally Auto Assets LLC), Servicing Agreement (Ally Auto Receivables Trust 2014-1), Servicing Agreement (Ally Auto Receivables Trust 2014-1)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20122013, (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s certificate signed by an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable. The Servicer shall deliver to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 2013 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB.

Appears in 4 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2012-1), Servicing Agreement (Ally Auto Receivables Trust 2012-1), Servicing Agreement (Ally Auto Receivables Trust 2012-2)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 20122014, (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s certificate signed by an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable. The Servicer shall deliver to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 2014 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB.

Appears in 4 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2013-1), Servicing Agreement (Ally Auto Assets LLC), Servicing Agreement (Ally Auto Receivables Trust 2013-1)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 2012, (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s certificate signed by an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable. The Servicer shall deliver to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB.

Appears in 3 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2011-3), Servicing Agreement (Ally Auto Receivables Trust 2011-1), Servicing Agreement (Ally Auto Receivables Trust 2011-3)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the ACOLT Indenture Trustee and the ACOLT Owner Trustee, on or before March 15 of each year, year beginning March 15, 2012, 2014 (or, if such day is not a Business Day, the next succeeding Business Day) ), an officer’s certificate signed by an Authorized Officer of the Servicer, Servicer dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) -month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its the Servicer’s performance under this Agreement has been made under such officer’s supervision supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement Agreement, in all material respects respects, throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect respect, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Secured Noteholder or any the ACOLT Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the ACOLT Indenture Trustee or the ACOLT Owner Trustee, as applicable. The Servicer shall deliver respectively, addressed to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation ABapplicable Corporate Trust Office.

Appears in 2 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2013-Sn1), Servicing Agreement (Ally Auto Receivables Trust 2013-Sn1)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the ACOLT Indenture Trustee and the ACOLT Owner Trustee, on or before March 15 of each year, year beginning March 15, 2012, 2015 (or, if such day is not a Business Day, the next succeeding Business Day) ), an officer’s certificate signed by an Authorized Officer of the Servicer, Servicer dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) -month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its the Servicer’s performance under this Agreement has been made under such officer’s supervision supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement Agreement, in all material respects respects, throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect respect, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Secured Noteholder or any the ACOLT Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the ACOLT Indenture Trustee or the ACOLT Owner Trustee, as applicable. The Servicer shall deliver respectively, addressed to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation ABapplicable Corporate Trust Office.

Appears in 2 contracts

Samples: Servicing Agreement (Ally Auto Assets LLC), Servicing Agreement (Ally Auto Assets LLC)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the COLT Indenture Trustee and the COLT Owner Trustee, each COLT 20 -SN Secured Noteholder and the COLT 20 -SN Certificateholder, on or before March 15 of each year, beginning March 15, 201220__, (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s certificate signed by an Authorized Officer the President or any Vice President of the Servicer, Servicer dated as of December 31 of the immediately preceding year, in each instance stating all information required under Item 1123 of Regulation AB, including that (i) a review of the activities of the Servicer during the preceding twelve (12) -month period (or, with respect to the first such certificate, such period as shall have elapsed from the Series 20 -SN Closing Date to the date of such certificate) and of its the Servicer’s performance under this Agreement and the other COLT 20 -SN Basic Documents has been made under such officer’s supervision supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled in all material respects all its obligations under this Agreement in all material respects such agreements throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any COLT 20 -SN Secured Noteholder or any the COLT 20 -SN Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the COLT Indenture Trustee or the COLT Owner Trustee, as applicable. The Servicer shall deliver respectively, addressed to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation ABapplicable Corporate Trust Office.

Appears in 2 contracts

Samples: Servicing Agreement (Central Originating Lease Trust), Servicing Agreement (Central Originating Lease Trust)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the COLT Indenture Trustee and the COLT Owner Trustee, each COLT 2007-SN1 Secured Noteholder and the COLT 2007-SN1 Certificateholder, on or before March 15 of each year, beginning March 15, 20122008, (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s 's certificate signed by an Authorized Officer the President or any Vice President of the Servicer, Servicer dated as of December 31 of the immediately preceding year, in each instance stating all information of the type described in Item 1123 of Regulation AB, including that (i) a review of the activities of the Servicer during the preceding twelve (12) -month period (or, with respect to the first such certificate, such period as shall have elapsed from the Series 2007-SN1 Closing Date to the date of such certificate) and of its the Servicer's performance under this Agreement and the other COLT 2007-SN1 Basic Documents has been made under such officer’s supervision 's supervision, and (ii) to the best of such officer’s 's knowledge, based on such review, the Servicer has fulfilled in all material respects all its obligations under this Agreement in all material respects such agreements throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any COLT 2007-SN1 Secured Noteholder or any the COLT 2007-SN1 Certificateholder by a request in writing to the Issuing Entity COLT addressed to the Corporate Trust Office of the COLT Indenture Trustee or the COLT Owner Trustee, as applicable. The Servicer shall deliver to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB.

Appears in 1 contract

Samples: Sn1 Servicing Agreement (Capital Auto Receivables Asset Trust 2007-Sn1)

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Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the ACOLT Indenture Trustee and the ACOLT Owner Trustee, on or before March 15 of each year, year beginning March 15, 2012, 20 (or, if such day is not a Business Day, the next succeeding Business Day) ), an officer’s certificate signed by an Authorized Officer of the Servicer, Servicer dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) -month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its the Servicer’s performance under this Agreement has been made under such officer’s supervision supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement Agreement, in all material respects respects, throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect respect, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Secured Noteholder or any the ACOLT Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the ACOLT Indenture Trustee or the ACOLT Owner Trustee, as applicable. The Servicer shall deliver respectively, addressed to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation ABapplicable Corporate Trust Office.

Appears in 1 contract

Samples: Servicing Agreement (Ally Central Originating Lease Trust)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the ACOLT Indenture Trustee and the ACOLT Owner Trustee, on or before March 15 of each year, year beginning March 15, 2012, 2013 (or, if such day is not a Business Day, the next succeeding Business Day) ), an officer’s certificate signed by an Authorized Officer of the Servicer, Servicer dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) -month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its the Servicer’s performance under this Agreement has been made under such officer’s supervision supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement Agreement, in all material respects respects, throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect respect, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Secured Noteholder or any the ACOLT Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the ACOLT Indenture Trustee or the ACOLT Owner Trustee, as applicable. The Servicer shall deliver respectively, addressed to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation ABapplicable Corporate Trust Office.

Appears in 1 contract

Samples: Servicing Agreement (Ally Auto Receivables Trust 2012-Sn1)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the COLT Indenture Trustee and the COLT Owner Trustee, each COLT 200_-_ Secured Noteholder and the COLT 200_-_ Certificateholder, on or before March 15 of each year, beginning March 15, 2012200_, (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s 's certificate signed by an Authorized Officer the President or any Vice President of the Servicer, Servicer dated as of December 31 of the immediately preceding year, in each instance stating all information required under Item 1123 of Regulation AB, including that (i) a review of the activities of the Servicer during the preceding twelve (12) -month period (or, with respect to the first such certificate, such period as shall have elapsed from the Series 200_-_ Closing Date to the date of such certificate) and of its the Servicer's performance under this Agreement and the other COLT 200_-_ Basic Documents has been made under such officer’s supervision 's supervision, and (ii) to the best of such officer’s 's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects such agreements throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, certificate may be obtained by any COLT 200_-_ Secured Noteholder or any the COLT 200_-_ Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the COLT Indenture Trustee or the COLT Owner Trustee, as applicable. The Servicer shall deliver respectively, addressed to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation ABapplicable Corporate Trust Office.

Appears in 1 contract

Samples: Colt Servicing Agreement (Central Originating Lease Trust)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall deliver to the Indenture Trustee and the Owner Trustee, on or before March 15 of each year, beginning March 15, 201220[ ], (or, if such day is not a Business Day, the next succeeding Business Day) an officer’s certificate signed by an Authorized Officer of the Servicer, dated as of December 31 of the immediately preceding year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) month period (or, with respect to the first such certificate, such period as shall have elapsed from the [Initial] Closing Date to the date of such certificate) and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Noteholder or any Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the Indenture Trustee or the Owner Trustee, as applicable. The Servicer shall deliver to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 20[ ] (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB.

Appears in 1 contract

Samples: Servicing Agreement (Ally Auto Assets LLC)

Annual Statement as to Compliance; Notice of Servicer Default. (a) The Servicer shall shall, at its expense, deliver to the ABLT Indenture Trustee and the ABLT Owner Trustee, on or before March 15 of each calendar year, beginning March 15, 2012, 20 (or, if such day is not a Business Day, the next succeeding Business Day) ), an officer’s certificate signed by an Authorized Officer of the Servicer, Servicer dated as of December 31 of the immediately preceding calendar year, in each instance stating that (i) a review of the activities of the Servicer during the preceding twelve (12) -month period (or, with respect to the first such certificate, such period as shall have elapsed from the Closing Date to the date of such certificate) and of its the Servicer’s performance under this Agreement has been made under such officer’s supervision supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement Agreement, in all material respects respects, throughout such period, or, if there has been a default in the fulfillment of any such obligation, in any material respect respect, specifying each such default known to such officer and the nature and status thereof. A copy of such certificate, once delivered, may be obtained by any Secured Noteholder or any the ABLT Certificateholder by a request in writing to the Issuing Entity addressed to the Corporate Trust Office of the ABLT Indenture Trustee or the ABLT Owner Trustee, as applicable. The Servicer shall deliver respectively, addressed to the Issuing Entity, on or before March 15 of each year, beginning on March 15, 2012 (or if such day is not a Business Day, the next succeeding Business Day), a report regarding the Servicer’s assessment of compliance with the Servicing Criteria during the immediately preceding calendar year, as required under Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation ABapplicable Corporate Trust Office.

Appears in 1 contract

Samples: Servicing Agreement (Ally Auto Assets LLC)

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