CAPITAL ONE MULTI ASSET EXECUTION TRUST - FORM 10-K - EX-33.2 - EXHIBIT 33.2 - March 31, 2010

Attached files

file filename
10-K - FORM 10-K - CAPITAL ONE MULTI ASSET EXECUTION TRUSTd10k.htm
EX-34.4 - EXHIBIT 34.4 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex344.htm
EX-33.3 - EXHIBIT 33.3 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex333.htm
EX-35.1 - EXHIBIT 35.1 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex351.htm
EX-31.1 - EXHIBIT 31.1 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex311.htm
EX-35.2 - EXHIBIT 35.2 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex352.htm
EX-34.1 - EXHIBIT 34.1 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex341.htm
EX-34.2 - EXHIBIT 34.2 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex342.htm
EX-34.3 - EXHIBIT 34.3 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex343.htm
EX-35.3 - EXHIBIT 35.3 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex353.htm
EX-33.4 - EXHIBIT 33.4 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex334.htm
EX-33.1 - EXHIBIT 33.1 - CAPITAL ONE MULTI ASSET EXECUTION TRUSTdex331.htm

Exhibit 33.2

LOGO

Report of Management on Assessment of Compliance

with SEC Regulation AB Servicing Criteria

 

1. First Data Resources, LLC, through its affiliate REMITCO, LLC (jointly, the “Asserting Party”) is responsible for assessing compliance as of and for the 12-month period ending December 31, 2009 (the “Reporting Period”) with the servicing criteria applicable to it under the Security and Exchange Commission’s Regulation AB Section 229.1122(d) — all servicing criteria except for the criteria set forth in Sections 229.1122(d)(1)(i)-(iv), 1122(d)(2)(i)-(vii), 1122(d)(3)(i)-(iv), 1122(d)(4)(i)-(iii), 1122(d)(4)(iv) (except with respect to the servicing of transactions on the remittance payment platform relating to the opening, listing, and depositing of remittance payments mailed to post office boxes serviced by the Asserting Party pursuant to the agreements between the Asserting Party and Capital One Services, LLC, together with its affiliates, Capital One Bank (USA), National Association (formerly known as Capital One Bank) and Capital One Auto Finance, Inc. (the “Transaction Agreements”)), and 1122(d)(4)(v)-(xv) (such criteria, after giving effect to the preceding exceptions, the “Applicable Servicing Criteria”). With respect to Item 1122(d)(4)(iv), the Asserting Party’s responsibility is limited to the opening, listing, and depositing of remittance payments mailed to post office boxes serviced by the Asserting Party as required and pursuant to the Transaction Agreements, and the Asserting Party does not take responsibility for any other matters.

 

2. The Asserting Party used the Applicable Servicing Criteria to assess its compliance with the Applicable Servicing Criteria;

 

3. The Asserting Party has complied, in all material respects, with the Applicable Servicing Criteria as of December 31, 2009, and for the Reporting Period with respect to the opening, listing, and depositing of remittance payments mailed to post office boxes serviced by the Asserting Party as required and pursuant to the Transaction Agreements;

 

4. Ernst & Young LLP, a registered public accounting firm, has issued an attestation report on the Asserting Party’s assessment of compliance with the Applicable Servicing Criteria as of December 31, 2009 and for the Reporting Period.

 

First Data Resources, LLC and REMITCO, LLC

 

By:  

/s/ Tim Rosenthal

Name:   Tim Rosenthal
Title:   SVP & GM, Operations

 

February 18, 2010

firstdata.com

Also read