Report on Assessment of Compliance Sample Clauses

Report on Assessment of Compliance with Servicing Criteria and Attestation; Annual Officer’s Certificate 45 Section 9.05. Monthly Reports to Noteholders 46 Section 9.06. Regulation AB 47 Section 9.07. Information to Be Provided by the Indenture Trustee 47 Section 9.08. Exchange Act Reporting 48 ARTICLE Ten TERMINATION 49 Section 10.01. Sale of Trust Assets 49 ARTICLE Eleven MISCELLANEOUS 49 Section 11.01. Amendment 49 Section 11.02. Protection of Title to Trust 50 Section 11.03. Governing Law 51 Section 11.04. Notices 51 Section 11.05. Severability of Provisions 53 Section 11.06. Assignment 53 Section 11.07. Third Party Beneficiaries 53 Section 11.08. Counterparts 53 Section 11.09. Headings 53
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Report on Assessment of Compliance with Servicing Criteria and Attestation; Annual Officer’s Certificate 52 Section 9.05. Monthly Reports to Noteholders 53 Section 9.06. Regulation AB 54 Section 9.07. Information to Be Provided by the Indenture Trustee 54 Section 9.08. Exchange Act Reporting 55 ARTICLE TEN TERMINATION 56 Section 10.01. Sale of Trust Assets 56 ARTICLE ELEVEN MISCELLANEOUS 56 Section 11.01. Amendment 56 Section 11.02. Protection of Title to Trust 57 Section 11.03. Governing Law 58 Section 11.04. Notices 58 Section 11.05. Severability of Provisions 60 Section 11.06. Assignment 60 Section 11.07. Third Party Beneficiaries 60 Section 11.08. Counterparts 60 Section 11.09. Headings 60 Section 11.10. No Bankruptcy Petition; Disclaimer and Subordination 61 Section 11.11. Limitation of Liability of Owner Trustee and Indenture Trustee 61 EXHIBITS Exhibit A Form of Assignment A-1 Exhibit B Form of Closing Certificate of Trust Depositor B-1 Exhibit C Form of Closing Certificate of Seller/Servicer C-1 Exhibit E Servicing Criteria to be Addressed in Indenture Trustee’s Assessment of Compliance E-1 Exhibit F Form of Indenture Trustee’s Annual Certificate F-1 Exhibit G Form of Certificate Regarding Reacquired Contracts G-1 Exhibit H List of Contracts H-1 Exhibit I Form of Monthly Report to Noteholders I-1 Exhibit J Seller’s Representations and Warranties J-1 THIS SALE AND SERVICING AGREEMENT, dated as of [ ] (this “Agreement”), is entered into by and among Harley-Davidson Motorcycle Trust [ ] (together with its successors and assigns, the “Issuer” or the “Trust”), Harley-Davidson Customer Funding Corp. (together with its successor and assigns, the “Trust Depositor”), [Harley-Davidson Motorcycle Grantor Trust [ ] (together with its successors and assigns, the “Underlying Trust”),] [ ] (solely in its capacity as Indenture Trustee, together with its successors and assigns, the “Indenture Trustee”) and Harley-Davidson Credit Corp. (solely in its capacity as Servicer, together with its successor and assigns, “Harley-Davidson Credit” or the “Servicer”).
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Report on Assessment of Compliance with Servicing Criteria and Attestation; Annual Officer’s Certificate. 50 Section 9.05. Monthly Reports to Noteholders 50
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Report on Assessment of Compliance with Servicing Criteria and Attestation; Annual Officer’s Certificate 54 Section 9.05. Monthly Reports to Noteholders 55 Section 9.06. Regulation AB 56 Section 9.07. Information to Be Provided by the Indenture Trustee 56 Section 9.08. Exchange Act Reporting 57 ARTICLE Ten TERMINATION 58 Section 10.01. Sale of Trust Assets 58 ARTICLE Eleven MISCELLANEOUS 58 Section 11.01. Amendment 58 Section 11.02. Protection of Title to Trust 59 Section 11.03. Governing Law 60 Section 11.04. Notices 61
Sample 1
Report on Assessment of Compliance. The Servicer shall address, at a minimum, the criteria identified as below as “Applicable Servicing Criteria,” as identified by a xxxx in the column titled “Applicable Servicing Criteria:” Servicing Criteria Applicable Servicing Criteria Reference Criteria General Servicing Considerations 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities. X 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up servicer for the mortgage loans are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. X Cash Collection and Administration 1122(d)(2)(i) Payments on mortgage loans are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. X 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of overcollateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. X 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. X 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X 1122(d)(2)(vii) Reconc...
Sample 1
Report on Assessment of Compliance and Attestation Within 90 days after December 31 of each year, the Indenture Trustee shall:
Sample 1

Related to Report on Assessment of Compliance

  • Report on Assessment of Compliance and Attestation (a) On or before March 1 of each calendar year, commencing in 2007, the Servicer shall:

  • Annual Reports on Assessment of Compliance with Servicing Criteria (a) On or before March 1 of each year commencing in March 2018, the Master Servicer, the Special Servicer, the Certificate Administrator, the Custodian, the Operating Advisor and, if it has made (or is required to make) an Advance during the applicable calendar year, the Trustee, each at its own expense, shall furnish (and each of the preceding parties, as applicable, (i) with respect to any Servicing Function Participant of such party that is a Mortgage Loan Seller Sub-Servicer, shall use commercially reasonable efforts to cause such Servicing Function Participant to furnish, and (ii) with respect to any other Servicing Function Participant of such party (other than any party to this Agreement), shall cause such Servicing Function Participant to furnish) (each Master Servicer, the Special Servicer, the Certificate Administrator, the Custodian, the Operating Advisor, any Servicing Function Participant and, if it has made (or is required to make) an Advance during the applicable calendar year, the Trustee, as the case may be, a “Reporting Servicer”) to the Certificate Administrator, the Trustee, the Serviced Companion Loan Holders (or, in the case of a Serviced Companion Loan that is part of an Other Securitization Trust, the applicable Other Depositor and Other Exchange Act Reporting Party), the Operating Advisor (only in the case of a report furnished by the Special Servicer) and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria (together with a copy thereof in XXXXX-Compatible Format, or in such other format as otherwise agreed upon by the Depositor, the Certificate Administrator, the applicable Other Depositor, the applicable Other Exchange Act Reporting Party and the applicable Certifying Servicer) that complies in all material respects with the requirements of Item 1122 of Regulation AB and contains (A) a statement by such Reporting Servicer of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such Reporting Servicer used the Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such Reporting Servicer’s assessment of compliance with the Relevant Servicing Criteria as of the end of and for the preceding calendar year, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof and (D) a statement that a registered public accounting firm has issued an attestation report on such Reporting Servicer’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Copies of all compliance reports delivered pursuant to this Section 10.09 shall be provided to any Certificateholder, upon the written request thereof, by the Certificate Administrator. Each such report shall be addressed to the Depositor and each Other Depositor (if addressed) and signed by an authorized officer of the applicable company, and shall address each of the Relevant Servicing Criteria specified on a certification substantially in the form of Exhibit O to this Agreement delivered to the Depositor on the Closing Date. Promptly after receipt of each such report, (i) the Depositor and each Other Depositor may review each such report and, if applicable, consult with the each Reporting Servicer as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria, and (ii) the Certificate Administrator shall confirm that the assessments, taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit O to this Agreement and notify the Depositor of any exceptions. For the avoidance of doubt, the Trustee shall have no obligation or duty to determine whether any such report (other than any such report furnished by the Trustee or any Servicing Function Participant of the Trustee) is in form and substance in compliance with the requirements of Regulation AB.

  • Annual Statement of Compliance The Officer’s Certificate required to be delivered by the Issuing Entity, pursuant to Section 3.9 of the Indenture or the Officer’s Certificate required to be delivered by the Servicer pursuant to Section 4.01(a) of the Servicing Agreement, as applicable.

  • STATEMENT OF COMPLIANCE Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

  • Assessments of Compliance and Attestation Reports SECTION 3.22 Access to Certain Documentation.

  • Servicer Compliance Statement On or before March 1 of each calendar year, commencing in 2007, the Servicer shall deliver to the Owner and any Depositor a statement of compliance addressed to the Owner and such Depositor and signed by an authorized officer of the Servicer, to the effect that (i) a review of the Servicer’s activities during the immediately preceding calendar year (or applicable portion thereof) and of its performance under this Agreement and any applicable Reconstitution Agreement during such period has been made under such officer’s supervision, and (ii) to the best of such officers’ knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement and any applicable Reconstitution Agreement in all material respects throughout such calendar year (or applicable portion thereof) or, if there has been a failure to fulfill any such obligation in any material respect, specifically identifying each such failure known to such officer and the nature and the status thereof.

  • Final Audit Report Contractor shall promptly submit to the State a copy of any final audit report of an audit performed on Contractor’s records that relates to or affects this Contract or the Work, whether the audit is conducted by Contractor or a third party.

  • Tax Law Compliance The Company and its subsidiaries have filed all necessary federal, state and foreign income and franchise tax returns or have properly requested extensions thereof and have paid all taxes required to be paid by any of them and, if due and payable, any related or similar assessment, fine or penalty levied against any of them except as may be being contested in good faith and by appropriate proceedings. The Company has made adequate charges, accruals and reserves in the applicable financial statements referred to in Section 1(j) above in respect of all federal, state and foreign income and franchise taxes for all periods as to which the tax liability of the Company or any of its subsidiaries has not been finally determined.

  • Single Audit Act Compliance If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall:

  • GAAP Compliance Contractor maintains an adequate system of accounting and internal controls that meets Generally Accepted Accounting Principles.

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