Common use of Access to Certain Information; Delivery of Certain Information Clause in Contracts

Access to Certain Information; Delivery of Certain Information. (a) Each of the Property Manager and the Special Servicer shall afford to the other, to the Issuers, the Insurers, the Indenture Trustee and the Rating Agencies and to the OTS, the FDIC and any other banking or insurance regulatory authority that may exercise authority over any holder of Notes or LLC Interests, reasonable access to any documentation regarding the Leases, Mortgage Loans and Mortgaged Properties and its servicing thereof within its control, except to the extent it is prohibited from doing so by applicable law or contract or to the extent such information is subject to a privilege under applicable law to be asserted on behalf of an Issuer or the holders of Notes or LLC Interests. Such access shall be afforded without charge but only upon reasonable prior written request and during normal business hours at the offices of the Property Manager or the Special Servicer, as the case may be, designated by it. (b) The Property Manager or the Special Servicer shall notify the Rating Agencies, the Indenture Trustee and the Insurers of any Mortgaged Property whose Tenant has ceased to exercise its business activity on such Mortgaged Property within 30 days of becoming aware of such a circumstance.

Appears in 2 contracts

Samples: Property Management and Servicing Agreement (Spirit Finance Corp), Property Management and Servicing Agreement (Spirit Finance Corp)

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Access to Certain Information; Delivery of Certain Information. (a) Each of the Property Manager and the Special Servicer shall afford to the other, to the Issuers, the InsurersIndenture Trustee, the Indenture Trustee Back-Up Manager and the Rating Agencies and to the OTS, the FDIC Federal Deposit Insurance Corporation and any other banking or insurance regulatory authority that may exercise authority over any Noteholder or holder of Notes or LLC Issuer Interests, reasonable access to any documentation regarding the Leases, Mortgage Loans Leases and Mortgaged Properties and its servicing thereof within its control, except to the extent it is prohibited from doing so by applicable law law, rule or regulation or contract or to the extent such information is subject to a privilege under applicable law to be asserted on behalf of an Issuer Issuer, the Noteholders or the holders of Notes or LLC Issuer Interests. Such access shall be afforded without charge but only upon reasonable prior written request and during normal business hours at the offices of the Property Manager or the Special Servicer, as the case may be, designated by it. (b) The Property Manager or the Special Servicer shall notify the Rating Agencies, the Indenture Trustee and the Insurers Back-Up Manager of any Mortgaged Property whose Tenant has ceased to exercise its business activity on such Mortgaged Property within 30 days of becoming aware of such a circumstance.

Appears in 2 contracts

Samples: Property Management and Servicing Agreement (American Finance Trust, Inc), Property Management and Servicing Agreement (American Finance Trust, Inc)

Access to Certain Information; Delivery of Certain Information. (a) Each of the Property Manager and the Special Servicer shall afford to the other, to the IssuersIssuer, the InsurersInsurer, the Indenture Trustee and the Rating Agencies and to the OTS, the FDIC and any other banking or insurance regulatory authority that may exercise authority over any holder of Notes or LLC Limited Partnership Interests, reasonable access to any documentation records regarding the Leases, Mortgage Loans Leases and Mortgaged Properties and its servicing thereof within its control, except to the extent it is prohibited from doing so by applicable law or contract or to the extent such information is subject to a privilege under applicable law to be asserted on behalf of an the Issuer or the holders of the Notes or LLC the Limited Partnership Interests. Such access shall be afforded without charge but only upon reasonable prior written request and during normal business hours at the offices of the Property Manager or the Special Servicer, as the case may be, designated by it. (b) The Property Manager or the Special Servicer shall notify the Rating Agencies, the Indenture Trustee and the Insurers Insurer of any Mortgaged Property whose Tenant has ceased to exercise its business activity on such Mortgaged Property within 30 days of becoming aware of such a circumstance.

Appears in 1 contract

Samples: Property Management and Lease Servicing Agreement (Trustreet Properties Inc)

Access to Certain Information; Delivery of Certain Information. (a) Each of the Property Manager and the Special Servicer shall afford to the other, to the IssuersIssuer, the Insurers, the Indenture Trustee and the Rating Agencies and to the OTS, the FDIC and any other banking or insurance regulatory authority that may exercise authority over any holder of Notes or LLC Interests, reasonable access to any documentation regarding the Leases, Mortgage Loans and Mortgaged Properties and its servicing thereof within its control, except to the extent it is prohibited from doing so by applicable law or contract or to the extent such information is subject to a privilege under applicable law to be asserted on behalf of an the Issuer or the holders of the Notes or the LLC Interests. Such access shall be afforded without charge but only upon reasonable prior written request and during normal business hours at the offices of the Property Manager or the Special Servicer, as the case may be, designated by it. (b) The Property Manager or the Special Servicer shall notify the Rating Agencies, the Indenture Trustee and the Insurers of any Mortgaged Property whose Tenant has ceased to exercise its business activity on such Mortgaged Property within 30 days of becoming aware of such a circumstance.

Appears in 1 contract

Samples: Property Management and Servicing Agreement (Spirit Finance Corp)

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Access to Certain Information; Delivery of Certain Information. (a) Each of the Property Manager and the Special Servicer shall afford to the other, to the Issuers, the InsurersIndenture Trustee, the Indenture Trustee Back-Up Manager and the Rating Agencies and to the OTS, the FDIC Federal Deposit Insurance Corporation and any other banking or insurance regulatory authority that may exercise authority over any Noteholder or holder of Notes or LLC Issuer Interests, reasonable access to any documentation regarding the Leases, Mortgage Loans and Mortgaged Properties and its servicing thereof within its control, except to the extent it is prohibited from doing so by applicable law law, rule or regulation or contract or to the extent such information is subject to a privilege under applicable law to be asserted on behalf of an Issuer Issuer, the Noteholders or the holders of Notes or LLC Issuer Interests. Such access shall be afforded without charge but only upon reasonable prior written request and during normal business hours at the offices of the Property Manager or the Special Servicer, as the case may be, designated by it. (b) . The Property Manager or the Special Servicer shall notify the Rating Agencies, the Indenture Trustee and the Insurers Back-Up Manager of any Mortgaged Property whose Tenant has ceased to exercise its business activity on such Mortgaged Property within 30 days of becoming aware of such a circumstance.

Appears in 1 contract

Samples: Property Management and Servicing Agreement (Essential Properties Realty Trust, Inc.)

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