Common use of Back-up Xxxxxxxx-Xxxxx Certification Clause in Contracts

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 2008, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix D (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix E (in the case of the Servicer) on 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. The Depositor will not request delivery of a certification under this clause unless the Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the Trust. So long as the Servicer is an Affiliate of the Depositor, the Servicer may, but is not required to deliver the Performance Certificate. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the Depositor. Each of the Indenture Trustee and the Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the Trust.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20082010, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix D C (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix E D (in the case of the Servicer) on 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. The Depositor Seller will not request delivery of a certification under this clause Section 11.06 unless the Depositor Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the TrustIssuer. So long as the Servicer is the Seller or an Affiliate of the DepositorSeller, the Servicer may, but is not required to deliver the Performance CertificateCertification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the DepositorSeller. Each of the Indenture Trustee Trustee, the Servicer and the Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the TrustIssuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 200820__, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “"Certifying Person”") a certification (each, a “"Performance Certification”") and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix D (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix E (in the case of the Servicer) on 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. The Depositor will not request delivery of a certification under this clause unless the Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the Trust. So long as the Servicer is an Affiliate of the Depositor, the Servicer may, but is not required to deliver the Performance Certificate. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the Depositor. Each of the Indenture Trustee and the Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s 's attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the Trust.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20082011, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix D C (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix E D (in the case of the Servicer) on 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. The Depositor Seller will not request delivery of a certification under this clause Section 11.06 unless the Depositor Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the TrustIssuer. So long as the Servicer is the Seller or an Affiliate of the DepositorSeller, the Servicer may, but is not required to deliver the Performance CertificateCertification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the DepositorSeller. Each of the Indenture Trustee Trustee, the Servicer and the Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the TrustIssuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20082009, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix D C (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix E D (in the case of the Servicer) on 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. The Depositor Seller will not request delivery of a certification under this clause Section 11.06 unless the Depositor Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the TrustIssuer. So long as the Servicer is the Seller or an Affiliate of the DepositorSeller, the Servicer may, but is not required to deliver the Performance CertificateCertification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the DepositorSeller. Each of the Indenture Trustee and the Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the TrustIssuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 200820__, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “"Certifying Person”") a certification (each, a “"Performance Certification”") and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix D Exhibit I (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix E Exhibit J (in the case of the Servicer) on 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. The Depositor will not request delivery of a certification under this clause unless the Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the Trust. So long as the Servicer is an Affiliate of the Depositor, the Servicer may, but is not required to deliver the Performance Certificate. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the Depositor. Each of the Indenture Trustee and the Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s 's attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the Trust.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20082007, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “"Certifying Person”") a certification (each, a “"Performance Certification”") and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix D C (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix E D (in the case of the Servicer) on 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. The Depositor Seller will not request delivery of a certification under this clause Section 11.06 unless the Depositor Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the TrustIssuer. So long as the Servicer is the Seller an Affiliate of the DepositorSeller, the Servicer may, but is not required to deliver the Performance CertificateCertification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the DepositorSeller. Each of the Indenture Trustee and the Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s 's attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the TrustIssuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 200820___, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix D C (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix E D (in the case of the Servicer) on 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. The Depositor Seller will not request delivery of a certification under this clause Section 11.06 unless the Depositor Seller is required under the Exchange Act to file an annual report on Form 10-K with respect to the TrustIssuer. So long as the Servicer is the Seller or an Affiliate of the DepositorSeller, the Servicer may, but is not required to deliver the Performance CertificateCertification. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information as to itself (or any of its Subcontractors appointed pursuant to Section 11.07) that is material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the DepositorSeller. Each of the Indenture Trustee Trustee, the Servicer and the Backup Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the TrustIssuer.

Back-up Xxxxxxxx-Xxxxx Certification. No later than March 15 of each year, beginning in 20082009, the Indenture Trustee and the Servicer shall provide to the Person who signs the Xxxxxxxx-Xxxxx Certification (the “Certifying Person”) a certification (each, a “Performance Certification”) and shall cause each Reporting Subcontractor, in the form attached hereto as Appendix D (in the case of the Indenture Trustee or a Reporting Subcontractor) and as Appendix E (in the case of the Servicer) on 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. The Depositor will not request delivery of a certification under this clause unless the Depositor is required under the Exchange Act to file an annual report on Form 10-K with respect to the Trust. So long as the Servicer is an Affiliate of the Depositor, the Servicer may, but is not required to deliver the Performance Certificate. In the event that prior to the filing date of the Form 10-K in March of each year, the Indenture Trustee or the Servicer has actual knowledge of information material to the Xxxxxxxx-Xxxxx Certification, the Indenture Trustee or the Servicer shall promptly notify the Depositor. Each of the Indenture Trustee and the Servicer agrees to cooperate with all reasonable requests made by any Certifying Person or Certification Party in connection with such Person’s attempt to conduct any due diligence that such Person reasonably believes to be appropriate in order to allow it to deliver any Xxxxxxxx-Xxxxx Certification or portion thereof with respect to the Trust.