17g-5 Information. (a) The Issuer shall comply with their obligations under Rule 17g-5 promulgated under the Exchange Act (“Rule 17g-5”), by its or its agent’s posting on the 17g-5 Website, no later than the time such information is provided to the Rating Agency, all information that the Issuer or other parties on its behalf, including the Trustee and the Collateral Manager, provide to the Rating Agency for the purposes of determining the initial credit rating of the Secured Notes or undertaking credit rating surveillance of the Secured Notes (the “17g-5 Information”); provided that no party other than the Issuer (or the Information Agent on its behalf), the Trustee or the Collateral Manager may provide information to the Rating Agency on the Issuer’s behalf without the prior written consent of the Collateral Manager. At all times while any Secured Note is rated by the Rating Agency or any other NRSRO, the Issuer shall engage a third-party to post 17g-5 Information to the 17g-5 Website. On the Closing Date, the Issuer shall engage the Collateral Administrator (in such capacity, the “Information Agent”), to post 17g-5 Information it receives from the Issuer, the Trustee or the Collateral Manager to the 17g-5 Website in accordance with Section 2A of the Collateral Administration Agreement.
17g-5 Information. (a) The parties hereto agree that all 17g-5 Information provided to the Rating Agencies, or any of its officers, directors or employees, to be given or provided to the Rating Agencies pursuant to, in connection with or related, directly or indirectly, to this Indenture, any other Transaction Document, the Assets or the Notes, shall be in each case furnished directly to the Rating Agencies at the address set forth in clause Section 14.3(h) with a prior electronic copy to the Issuer or the Information Agent, as provided in Section 2A of the Collateral Administration Agreement (for forwarding to the 17g-5 Website in accordance with the Collateral Administration Agreement). The Co-Issuers also shall furnish such other information regarding the Co-Issuers or the Assets as may be reasonably requested by the Rating Agencies to the extent such party has or can obtain such information without unreasonable effort or expense. Notwithstanding the foregoing, the failure to deliver such notices or copies shall not constitute an Event of Default under this Indenture. Any confirmation of the rating by the Rating Agencies required hereunder shall be in writing. For the avoidance of doubt, such information under this Section 14.13 (except as set forth under clause (f )) shall not include any Accountants’ Reports.
17g-5 Information. (a) The Issuer shall comply with its obligations under Rule 17g-5 promulgated under the Exchange Act (“Rule 17g-5”), by its or its agent’s posting on the 17g-5 Website, no later than the time such information is provided to the Rating Agencies, all information that the Issuer or other parties on its behalf, including the Trustee and the Collateral Manager, provide to the Rating Agencies for the purposes of determining the initial credit rating of the Notes or undertaking credit rating surveillance of the Notes (the “17g-5 Information”); provided, that no party other than the Issuer, the Trustee or the Collateral Manager may provide information to the Rating Agencies on the Issuer’s behalf without the prior written consent of the Collateral Manager.
17g-5 Information. (a) The Issuer shall comply with its obligation under Rule 17g-5 promulgated under the Exchange Act (“Rule 17g-5”), by posting on the Issuer’s Website, no later than the time such information is provided to the Rating Agencies, all information that the Issuer or other parties on their behalf, including the Trustee and the Collateral Manager, provide to the Rating Agencies pursuant to this Indenture (the “17g-5 Information”). For the avoidance of doubt, such information excludes any letter or report provided by the firm of Independent certified public accountants that performs accounting services for the Issuer or the Collateral Manager. At all times while any Secured Notes are rated by any Rating Agency, the Issuer shall engage a third-party to post 17g-5 Information to the Issuer’s Website. On the Closing Date, the Issuer shall engage the Collateral Administrator (in such capacity, the “Information Agent”), to forward certain of the 17g-5 Information in accordance with the Collateral Administration Agreement.
17g-5 Information. (a) In accordance with Section 14.17(a) of the Indenture, the Issuer hereby appoints the Collateral Administrator to act as the “Information Agent” under this Section 3.
17g-5 Information. The Borrower hereby irrevocably appoints the Collateral Agent to act as the Information Agent (in such capacity, the “Information Agent”) as set forth in this Article XVI; provided that the Information Agent shall not be required to take any of the actions proscribed under this Article XIV until the earlier of (i) the date after the Closing Date designated by the Administrative Agent and (ii) the Rating Effective Date.
17g-5 Information. The 17g-5 Information Provider shall make available solely to the NRSROs the items required to be made available to them pursuant to this Indenture and the Servicing Agreement to the extent such items are delivered to it via electronic mail at 10x0xxxxxxxxxxxxxxxxxxx@xxxxxxxxxx.xxx, specifically with a subject reference of “RCMC 2012-CREL1” and an identification of the type of information being provided in the body of such electronic mail; or via any alternative electronic mail address following notice to the parties hereto or any other delivery method established or approved by the 17g-5 Information Provider if or as may be necessary or beneficial. The foregoing information shall be made available by the 17g-5 Information Provider on the 17g-5 Information Provider’s Website. Information will be posted on the same Business Day of receipt provided that such information is received by 12:00 p.m. (eastern time) or, if received after 12:00 p.m., on the next Business Day. The 17g-5 Information Provider shall have no obligation or duty to verify, confirm or otherwise determine whether the information being delivered is accurate, complete, conforms to the transaction, or otherwise is or is not anything other than what it purports to be. In the event that any information is delivered or posted in error, the 17g-5 Information Provider may remove such information from the 17g-5 Information Provider’s Website. The Trustee and the 17g-5 Information Provider have not obtained and shall not be deemed to have obtained actual knowledge of any information merely by posting such information to the Trustee’s Website or the 17g-5 Information Provider’s Website to the extent such information was not produced by the Trustee or the 17g-5 Information Provider, as applicable. Access will be provided by the 17g-5 Information Provider to the NRSROs upon receipt of an NRSRO Certification in the form of Exhibit F hereto (which certification may be submitted electronically via the 17g-5 Information Provider’s Website). Questions regarding delivery of information to the 17g-5 Information Provider may be directed to 800-000-0000 or 10x0xxxxxxxxxxxxxxxxxxx@xxxxxxxxxx.xxx (specifically referencing “RCMC 2012-CREL1” in the subject line). Information provided to the 17g5 Information Provider pursuant to this section shall be delivered via email, containing a document in a format suitable for posting on the website. Upon request of the Issuer or the Rating Agencies, the 17g-5 Information Prov...
17g-5 Information. (a) The Issuer shall comply with their obligations under Rule 17g-5 promulgated under the Exchange Act (“Rule 17g-5”), by its or its agent’s posting on the 17g-5 Website, no later than the time such information is provided to S&P, all information that the Issuer or other parties on its behalf, including the Trustee and the Collateral Manager, provide to S&P for the purposes of determining the Initial Ratings of the Secured Debt
17g-5 Information. (a) To enable the Rating Agencies to comply with their obligations under Rule 17g-5 promulgated under the Exchange Act ("Rule 17g-5"), the Information Agent shall post on a password-protected internet website, in accordance with the provisions hereof and of the Collateral Management Agreement, all information (which shall not include any Accountants' Report) the Issuer provides to the Rating Agencies for the purposes of determining the initial credit rating of the Notes or undertaking credit rating surveillance of the Notes (the "17g-5 Information"). In the case of information provided for the purposes of undertaking credit rating surveillance of the Notes, such information shall be posted on a password-protected internet website in accordance with the procedures set forth in Section 14.16(b). The Issuer shall appoint the Collateral Manager as the information agent (the "Information Agent") pursuant to the Collateral Management Agreement and the sole duty of the Information Agent shall be to post such information to the 17g-5 Website in accordance with the terms of the Collateral Management Agreement.
17g-5 Information. (a) The Issuer shall comply with its obligation under Rule 17g-5 promulgated under the Exchange Act (“Rule 17g-5”), by posting on the Issuer’s Website, no later than the time such information is provided to the Rating Agencies, all information that the Issuer or other parties on their behalf, including the Trustee and the Collateral Manager, provide to the Rating Agencies pursuant to this Indenture (the “17g-5 Information”). At all times while any Class A Notes are rated by any Rating Agency, the Issuer shall engage a third-party to post 17g-5 Information to the Issuer’s Website. On the Closing Date, the Issuer shall engage the Collateral Administrator (in such capacity, the “Information Agent”), to forward certain of the 17g-5 Information in accordance with the Collateral Administration Agreement.
