Common use of Information to be Provided by the Trustee Clause in Contracts

Information to be Provided by the Trustee. (a) For so long as the Trust is subject to the reporting requirements of the Exchange Act, for the purpose of satisfying the Depositor's and the Seller's reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Trustee shall provide to the Servicer and the Seller a written description of (A) any litigation or governmental proceedings pending against the Trustee as of the last day of the calendar month that would be material to Certificateholders, and (B) any affiliations or relationships (as described in Item 1119 of Regulation AB) that develop following the Closing Date between the Trustee and any Transaction Party of the type described in Section 11.02(a)(iv) or 11.02(a)(v) as of the last day of each calendar year. Any descriptions required with respect to legal proceedings, as well as updates to previously provided descriptions, under this Section 11.03 shall be given no later than five Business Days prior to the Determination Date following the month in which the relevant event occurs, and any notices and descriptions required with respect to affiliations, as well as updates to previously provided descriptions, under this Section 11.03 shall be given no later than January 31 of the calendar year following the year in which the relevant event occurs. As of the date the Depositor or the Trustee files each Report on Form 10-D and Report on Form 10-K with respect to the Certificates, the Trustee will be deemed to represent that any information previously provided under this Article XI is materially correct and does not have any material omissions unless the Trustee has provided an update to such information.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Fre2), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc2), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc4)

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Information to be Provided by the Trustee. (a) For so long as the Trust is subject to the reporting requirements of the Exchange ActCertificates are outstanding, for the purpose of satisfying the Depositor's and the SellerCompany's reporting obligation under the Exchange Act with respect to any class of asset-backed securitiesCertificates, the Trustee shall provide to the Servicer and the Seller Company a written description of (Aa) any litigation or governmental proceedings pending against the Trustee as of the last day of the each calendar month that would be material to Certificateholders, and (Bb) any affiliations or relationships (as described in Item 1119 of Regulation AB) that develop following the Closing Date between the Trustee and any Transaction Party of the type described in Section 11.02(a)(iv12.02(a)(iv) or 11.02(a)(v12.02(a)(v) as of the last day of each calendar year. Any descriptions required with respect to legal proceedings, as well as updates to previously provided descriptions, under this Section 11.03 12.03 shall be given no later than five Business Days prior to the Determination Date following the month in which the relevant event occurs, and any notices and descriptions required with respect to affiliations, as well as updates to previously provided descriptions, under this Section 11.03 12.03 shall be given no later than January 31 of the calendar year following the year in which the relevant event occurs. As of the date the Depositor or the Trustee files related Distribution Date with respect to each Report on Form 10-D with respect to the Certificates filed by or on behalf of the Company, and as of March 15 preceding the date each Report on Form 10-K with respect to the CertificatesCertificates is filed, the Trustee will shall be deemed to represent and warrant that any information previously provided by the Trustee under this Article XI XII is materially correct and does not have any material omissions unless the Trustee has provided an update to such information. The Company will allow the Trustee to review any disclosure relating to material litigation against the Trustee prior to filing such disclosure with the Commission to the extent the Company changes the information provided by the Trustee.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (RALI Series 2006-Qa7 Trust), Pooling and Servicing Agreement (RALI Series 2006-Qs12 Trust), Pooling and Servicing Agreement (RALI Series 2006-Qa8 Trust)

Information to be Provided by the Trustee. (a) For so long as the Trust is subject to the reporting requirements of the Exchange Act, for the purpose of satisfying the Depositor's ’s and the Seller's ’s reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Trustee shall provide to the Servicer and the Seller a written description of (A) any litigation or governmental proceedings pending against the Trustee as of the last day of the calendar month that would be material to Certificateholders, and (B) any affiliations or relationships (as described in Item 1119 of Regulation AB) that develop following the Closing Date between the Trustee and any Transaction Party of the type described in Section 11.02(a)(iv) or 11.02(a)(v) as of the last day of each calendar year. Any descriptions required with respect to legal proceedings, as well as updates to previously provided descriptions, under this Section 11.03 shall be given no later than five Business Days prior to the Determination Date following the month in which the relevant event occurs, and any notices and descriptions required with respect to affiliations, as well as updates to previously provided descriptions, under this Section 11.03 shall be given no later than January 31 of the calendar year following the year in which the relevant event occurs. As of the date the Depositor or the Trustee files each Report on Form 10-D and Report on Form 10-K with respect to the Certificates, the Trustee will be deemed to represent that any information previously provided under this Article XI is materially correct and does not have any material omissions unless the Trustee has provided an update to such information.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2007-Fre1), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc5), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2007-Rfc1)

Information to be Provided by the Trustee. (a) For so long as the Trust Depositor is subject to the Exchange Act reporting requirements of with respect to the Exchange ActTrust Fund, for the purpose of satisfying the Depositor's and the Seller's reporting obligation under the Exchange Act with respect to any class of asset-backed securitiesCertificates, the Trustee shall provide to the Servicer and the Seller Depositor a written description of (Aa) any litigation or governmental proceedings pending against the Trustee as of the last day of the each calendar month that would be material to Certificateholders, and (Bb) any affiliations or relationships (as described in Item 1119 of Regulation AB) that develop following the Closing Date between the Trustee and any Transaction Party of the type described in Section 11.02(a)(iv12.02(a)(iv) or 11.02(a)(v12.02(a)(v) as of the last day of each calendar year. Any descriptions required with respect to legal proceedings, as well as updates to previously provided descriptions, under this Section 11.03 12.03 shall be given no later than five Business Days prior to the Determination Date following the month in which the relevant event occurs, and any notices and descriptions required with respect to affiliations, as well as updates to previously provided descriptions, under this Section 11.03 12.03 shall be given no later than January 31 of the calendar year following the year in which the relevant event occurs. As of the date the Depositor or the Trustee files related Distribution Date with respect to each Report on Form 10-D with respect to the Certificates filed by or on behalf of the Depositor, and as of March 15 preceding the date each Report on Form 10-K with respect to the CertificatesCertificates is filed, the Trustee will be deemed to represent that any information previously provided by the Trustee under this Article XI XII is materially correct and does not have any material omissions unless the Trustee has provided an update to such information. The Depositor will allow the Trustee to review any disclosure relating to material litigation against the Trustee prior to filing such disclosure with the Commission to the extent the Depositor changes the information provided by the Trustee.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (RAMP Series 2006-Rs2 Trust), Pooling and Servicing Agreement (RAMP Series 2006-Sp1 Trust), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)

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Information to be Provided by the Trustee. (a) For so long as the Trust Company is subject to the Exchange Act reporting requirements of with respect to the Exchange ActTrust Fund, for the purpose of satisfying the Depositor's and the Seller's reporting obligation under the Exchange Act with respect to any class of asset-backed securitiesCertificates, the Trustee shall provide to the Servicer and the Seller Depositor a written description of (Aa) any litigation or governmental proceedings pending against the Trustee as of the last day of the each calendar month that would be material to Certificateholders, and (Bb) any affiliations or relationships (as described in Item 1119 of Regulation AB) that develop following the Closing Date between the Trustee and any Transaction Party of the type described in Section 11.02(a)(iv12.02(a)(ii) or 11.02(a)(v12.02(a)(iii) as of the last day of each calendar year. Any descriptions required with respect to legal proceedings, as well as updates to previously provided descriptions, under this Section 11.03 12.03 shall be given no later than five Business Days prior to the Determination Date following the month in which the relevant event occurs, and any notices and descriptions required with respect to affiliations, as well as updates to previously provided descriptions, under this Section 11.03 12.03 shall be given no later than January 31 of the calendar year following the year in which the relevant event occurs. As of the date the Depositor or the Trustee Master Servicer files each Report on Form 10-D and Report on Form 10-K with respect to the Certificates, the Trustee will be deemed to represent that any information previously provided under this Article XI XII is materially correct and does not have any material omissions unless the Trustee has provided an update to such information. The Depositor will allow the Trustee to review any disclosure relating to material litigation against the Trustee prior to filing such disclosure with the Commission to the extent the Depositor changes the information provided by the Trustee.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (RAMP Series 2007-Rz1 Trust), Pooling and Servicing Agreement (RAMP Series 2006-Rz4 Trust), Pooling and Servicing Agreement (RAMP Series 2006-Rz2 Trust)

Information to be Provided by the Trustee. (a) For so long as the Trust is subject to the reporting requirements of the Exchange Act, for the purpose of satisfying the Depositor's and the Seller's reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Trustee shall provide to the Servicer and the Seller a written description of (A) any litigation or governmental proceedings pending against the Trustee as of the last day of the calendar month that would be material to Certificateholders, and (B) any affiliations or relationships (as described in Item 1119 of Regulation AB) that develop following the Closing Date between the Trustee and any Transaction Party of the type described in Section 11.02(a)(iv) or 11.02(a)(v) as of the last day of each calendar year. Any descriptions required with respect to legal proceedings, as well as 130 updates to previously provided descriptions, under this Section 11.03 shall be given no later than five Business Days prior to the Determination Date following the month in which the relevant event occurs, and any notices and descriptions required with respect to affiliations, as well as updates to previously provided descriptions, under this Section 11.03 shall be given no later than January 31 of the calendar year following the year in which the relevant event occurs. As of the date the Depositor or the Trustee files each Report on Form 10-D and Report on Form 10-K with respect to the Certificates, the Trustee will be deemed to represent that any information previously provided under this Article XI is materially correct and does not have any material omissions unless the Trustee has provided an update to such information.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc1)

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