Common use of PERIODIC FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION; ADDITIONAL INFORMATION Clause in Contracts

PERIODIC FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION; ADDITIONAL INFORMATION. (a) Within 15 days after each Distribution Date, the Trustee shall prepare and file in accordance with industry standards with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (“EXXXX”), and the -68- Pooling and Servicing Agreement Servicer shall execute, a Form 8-K with a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Prior to January 31, 2005, the Trustee shall prepare and file in accordance with industry standards, and the Servicer shall execute, a Form 15 Suspension Notification with respect to the Trust Fund, if applicable, with the Commission via EXXXX. Prior to March 31, 2005 and prior to March 31st of each succeeding year until the earlier of (i) a Form 15 Suspension Notification has been filed with respect to the Trust Fund or (ii) the year following the termination of the Trust Fund pursuant to the terms hereof, the Trustee shall prepare and file, and the Servicer shall execute, a Form 10-K, in substance conforming to industry standards with respect to the Trust Fund with the Commission via EXXXX. The Company hereby grants a limited power of attorney to execute and file each such document on behalf of the Company to the Servicer and the Trustee, respectively. Each such power of attorney shall continue until either the earlier of (i) receipt by the Trustee or the Servicer, as applicable, from the Company of written termination of such power of attorney and (ii) the termination of the Trust Fund. The Company agrees to promptly furnish to each of the Trustee and the Servicer, from time to time upon request, such further information, reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Trustee or the Servicer, as applicable, reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Servicer shall have no responsibility to file any items other than those specified in this section.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GMACM Mortgage Pass-Through Cerificates, Series 2004-J5), Pooling and Servicing Agreement (GMACM Mortgage Pass-Through Cerificates, Series 2004-J5)

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PERIODIC FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION; ADDITIONAL INFORMATION. (a) Within 15 days after each Distribution Date, the Trustee shall prepare and file in accordance with industry standards with the Securities and Exchange Commission (the "Commission") via the Electronic Data Gathering and Retrieval System ("EXXXX"), and the -68- Pooling and Servicing Agreement Servicer shall execute, a Form 8-K with a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Prior to January 31, 20052006, the Trustee shall prepare and file in accordance with industry standards, and the Servicer Trustee shall execute, a Form 15 Suspension Notification with respect to the Trust Fund, if applicable, with the Commission via EXXXX. Prior to March 3130, 2005 2006 and prior to March 31st 30th of each succeeding year until the earlier of (i) a Form 15 Suspension Notification has been filed with respect to the Trust Fund or (ii) the year following the termination of the Trust Fund pursuant to the terms hereof, the Trustee shall prepare and file, and the Servicer shall execute, a Form 10-K, in substance conforming to industry standards with respect to the Trust Fund with the Commission via EXXXX. The Company hereby grants a limited power of attorney to execute and file each such document on behalf of the Company to the Servicer and the Trustee, respectively. Each such power of attorney shall continue until either the earlier of (i) receipt by the Trustee or the Servicer, as applicable, from the Company of written termination of such power of attorney and (ii) the termination of the Trust Fund. The Company agrees to promptly furnish to each of the Trustee and the Servicer, from time to time upon request, such further information, reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Trustee or the Servicer, as applicable, reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Servicer shall have no responsibility to file any items other than those specified in this section. Any Form 10-K filed with the Commission in connection with this Section shall include a certification, signed by the senior officer in charge of the servicing functions of the Servicer, in the form attached as Exhibit N-1 hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rule 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. Such certification of the Servicer, together with the annual statement as to compliance to be delivered pursuant to Section 3.18 hereof and the annual independent public accountants' servicing report to be delivered pursuant to Section 3.19 hereof, shall be delivered to the Trustee by March 15 of each year in which a Form 10-K is required to be filed hereunder. In connection with the Form 10-K Certification, the Trustee shall provide the Servicer with (x) a back-up certification substantially in the form attached hereto as Exhibit N-2; and (y) (I) a list of Certificateholders as shown on the Certificate Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Trustee, as trustee hereunder, or the Trust Fund that are received by the Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Trustee, have been submitted to a vote of the Certificateholders, other than those matters that have been submitted to a vote of the Certificateholders at the request of the Company or the Servicer, and (IV) notice of any failure of the Trustee to make any distribution to the Certificateholders as required pursuant to this Agreement. Neither the Servicer nor the Trustee shall have any liability with respect to the Trustee's failure to properly prepare or file, or the Servicer's failure to execute, such periodic reports resulting from or relating to the Servicer's or the Trustee's, as the case may be, inability or failure to obtain any information not resulting from the negligence or willful misconduct of such party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar6)

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PERIODIC FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION; ADDITIONAL INFORMATION. (a) Within 15 days after each Distribution Date, the Trustee shall prepare and file in accordance with industry standards with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (“EXXXXXXXXX”), and the -68- Pooling and Servicing Agreement Servicer shall execute, a Form 8-K with a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Prior to January 31, 20052006, the Trustee shall prepare and file in accordance with industry standards, and the Servicer Trustee shall execute, a Form 15 Suspension Notification with respect to the Trust Fund, if applicable, with the Commission via EXXXXXXXXX. Prior to March 3130, 2005 2006 and prior to March 31st 30th of each succeeding year until the earlier of (i) a Form 15 Suspension Notification has been filed with respect to the Trust Fund or (ii) the year following the termination of the Trust Fund pursuant to the terms hereof, the Trustee shall prepare and file, and the Servicer shall execute, a Form 10-K, in substance conforming to industry standards with respect to the Trust Fund with the Commission via EXXXXXXXXX. The Company hereby grants a limited power of attorney to execute and file each such document on behalf of the Company to the Servicer and the Trustee, respectively. Each such power of attorney shall continue until either the earlier of (i) receipt by the Trustee or the Servicer, as applicable, from the Company of written termination of such power of attorney and (ii) the termination of the Trust Fund. The Company agrees to promptly furnish to each of the Trustee and the Servicer, from time to time upon request, such further information, reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Trustee or the Servicer, as applicable, reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Servicer shall have no responsibility to file any items other than those specified in this section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-J1)

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