<PAGE>
                                                                    EXHIBIT 33.3

                          ASSERTION OF COMPLIANCE WITH
                          APPLICABLE SERVICING CRITERIA


The Bank of New York, The Bank of New York Trust Company, N.A. and BNYM
(Delaware), formerly known as The Bank of New York (Delaware) (collectively, the
"Company"), provide this platform-level assessment of compliance with the
servicing criteria specified in Item 1122(d) of Regulation AB promulgated by the
Securities and Exchange Commission. Management has determined that the servicing
criteria are applicable in regard to the servicing platform for the period as
follows:

Platform: Publicly issued (i.e., transaction-level reporting initially required
under the Securities Exchange Act of 1934, as amended) asset-backed securities
issued on or after January 1, 2006 and like-kind transactions issued prior to
January 1, 2006 that are subject to Regulation AB for which the Company provides
trustee, securities administration or paying agent services, other than
residential mortgage-backed securities and other mortgage-related asset-backed
securities.

Applicable Servicing Criteria: All servicing criteria set forth in Item 1122(d),
to the extent required by the related transaction agreements as to any
transaction, except for the following criteria: 1122(d)(1)(ii), 1122(d)(1)(iii),
1122(d)(1)(iv), 1122(d)(4)(vi), 1122(d)(4)(viii), 1122(d)(4)(x), 1122(d)(4)(xi),
1122(d)(4)(xii), 1122(d)(4)(xiii) and 1122(d)(4)(xiv).

With respect to applicable servicing criteria 1122(d)(2)(iii), 1122(d)(2)(vi)
and 1122(d)(4)(vii), there were no activities performed during the Period with
respect to the Platform, because there were no occurrences of events that would
require the Company to perform such activities.

Period:  Twelve months ended December 31, 2007 (the "Period").

With respect to the Platform and the Period, the Company provides the following
assessment of compliance in respect of the Applicable Servicing Criteria:

1.   The Company is responsible for assessing its compliance with the Applicable
Servicing Criteria.

2.   The Company has assessed compliance with the Applicable Servicing Criteria.
In performing this assessment, management used the criteria set forth by the
Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation
AB.

3.   Based on such assessment, as of and for the Period, the Company has
complied, in all material respects, with the Applicable Servicing Criteria other
than as identified on Schedule A attached.

KPMG LLP, an independent registered public accounting firm, has issued an
attestation report with respect to the Company's compliance with the Applicable
Servicing Criteria as of and for the Period.

<PAGE>

The Bank of New York                    The Bank of New York
The Bank of New York Trust              The Bank of New York Trust Company, N.A.
  Company, N.A.
BNYM (Delaware) formerly known as
  The Bank of New York (Delaware)


       /s/ Robert L. Griffin                         /s/ Patrick J. Tadie
-----------------------------------          -----------------------------------
           Robert L. Griffin                            Patrick J. Tadie
           Authorized Officer                          Authorized Officer






                              The Bank of New York


                                /s/ Samir Pandiri
                        ---------------------------------
                                  Samir Pandiri
                               Authorized Officer






February 29, 2008


<PAGE>


                                   SCHEDULE A





                       MATERIAL INSTANCES OF NONCOMPLIANCE


1122(d)(2)(i): Payments on pool assets are deposited into the appropriate
custodial bank accounts and related bank clearing accounts no more than two
business days of receipt, or such other number of days specified in the
transaction agreements.

With respect to collections received on assets relating to certain series of
securities, such collections were not deposited into a segregated account for
each specified series but rather were deposited into a general account held by
the Company as Indenture Trustee (hereinafter referred to as the "Indenture
Trustee") and remitted directly to the investors. All collections were properly
allocated by the Indenture Trustee to the related series of securities and
timely remitted to the investors in such series. The segregated account for each
specified series was in existence prior to the time deposits were to be made
into such account but such account was not utilized in all instances by the
Indenture Trustee as stated above. Procedures have been in place and are
currently being reinforced so that collections are deposited into the segregated
account for each specified series within the applicable time frames and then
remitted to the investors in such series, all in accordance with the related
transaction documents.