Common use of Access to List of Securityholders' Names and Addresses Clause in Contracts

Access to List of Securityholders' Names and Addresses. The Administrative Trustees shall furnish or cause to be furnished to (i) the Depositor and the Property Trustee semi-annually, not later than June 1 and December 1 in each year and (ii) the Depositor or the Property Trustee, as the case may be, within 30 days after receipt by any Administrative Trustee of a request therefor from the Depositor or the Property Trustee, as the case may be, in writing, a list, in such form as the Depositor or the Property Trustee, as the case may be, may reasonably require, of the names and addresses of the Securityholders as of a date not more than 15 days prior to the time such list is furnished; provided that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent list given to the Depositor and the Property Trustee by the Administrative Trustees or at any time the Property Trustee is the Security Registrar. If three or more Securityholders or one or more Holders of Trust Securities Certificates evidencing not less than 25% of the outstanding Liquidation Amount apply in writing to the Administrative Trustees, and such application states that the applicants desire to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities Certificates and such application is accompanied by a copy of the communication that such applicants propose to transmit, and by reasonable proof that each such applicant has owned a Trust Security for a period of at least six months preceding the date of such application, then the Administrative Trustees shall, within five Business Days after the receipt of such application, either (i) afford such applicants access during normal business hours to the current list of Securityholders, or (ii) inform such applicants as to the approximate number of Holders according to the most recent information so furnished to or received by such trustee, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If such trustee shall elect not to afford to such applicants access to such information, such trustee shall, upon the written request of such applicants, mail to all such Trust Security holders copies of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to such trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of such mailing, unless within five days after such tender, such trustee shall mail to such applicants, and file with the Securities and Exchange Commission together with a copy of the material to be mailed a written statement to the effect that, in the opinion of such trustee, such mailing would be contrary to the best interests of the Holders or would be in violation of applicable law. Such written statement shall specify the basis for such opinion. After opportunity for hearing upon the objections specified in the written statement so filed, the Securities and Exchange Commission may, and if demanded by such trustee or by such applicants shall, enter an order either sustaining one or more of such objections or refusing to sustain any of them. If the Commission shall enter an order refusing to sustain any of such objections, or if, after the entry of an order sustaining one or more of such objections, the Securities and Exchange Commission shall find, after notice and opportunity for hearing, that all objections so sustained have been met, and shall enter an order so declaring, such trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender. Each Holder, by receiving and holding a Trust Securities Certificate, shall be deemed to have agreed not to hold either the Depositor or the Administrative Trustees accountable by reason of the disclosure of its name and address or by reason of mailing pursuant to a request made under this Section 5.07, regardless of the source from which such information was derived.

Access to List of Securityholders' Names and Addresses. The Administrative Trustees shall Trustee will furnish or cause to be furnished by the Transfer Agent and Registrar to (i) the Depositor and Transferor, the Property Trustee semi-annually, not later than June 1 and December 1 in each year and (ii) the Depositor Servicer or the Property Trustee, as the case may bePaying Agent, within 30 days five Business Days after receipt by any Administrative the Trustee of a request therefor from the Depositor Transferor, the Servicer or the Property TrusteePaying Agent, as the case may berespectively, in writing, a list, list in such form as the Depositor Transferor, the Servicer or the Property Trustee, as the case may be, Paying Agent may reasonably require, of the names and addresses of the Investor Securityholders as of a date not more than 15 days prior to the time such list is furnished; provided that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent list given Record Date for payment of distributions to Investor Securityholders. Unless otherwise provided in the Depositor and the Property Trustee by the Administrative Trustees or at any time the Property Trustee is the Security Registrar. If three or more Securityholders or one or more Holders related Supplement, holders of Trust Investor Securities Certificates evidencing Undivided Interests aggregating not less than 25% of the outstanding Liquidation Invested Amount of the Investor Securities of any Series (the “Applicants”) may apply in writing to the Administrative TrusteesTrustee, and if such application states that the applicants Applicants desire to communicate with other Investor Securityholders of any Series with respect to their rights under this Trust Agreement or under the Trust Investor Securities Certificates and such application is accompanied by a copy of the communication that which such applicants Applicants propose to transmit, and by reasonable proof that each such applicant has owned a Trust Security for a period of at least six months preceding the date of such application, then the Administrative Trustees shallTrustee, after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the Transfer Agent and Registrar to afford such Applicants access during normal business hours to the most recent list of Securityholders held by the Trustee and shall give the Servicer and the Transferor notice that such request has been made, within five Business Days after the receipt of such application, either (i) afford such applicants access during normal business hours . Such list shall be as of a date no more than 45 days prior to the current list date of Securityholders, or (ii) inform such applicants as to the approximate number of Holders according to the most recent information so furnished to or received by such trustee, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If such trustee shall elect not to afford to such applicants access to such information, such trustee shall, upon the written request receipt of such applicants, mail to all such Trust Security holders copies of the form of proxy or other communication which is specified in such Applicants’ request, with reasonable promptness after a tender to such trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of such mailing, unless within five days after such tender, such trustee shall mail to such applicants, and file with the Securities and Exchange Commission together with a copy of the material to be mailed a written statement to the effect that, in the opinion of such trustee, such mailing would be contrary to the best interests of the Holders or would be in violation of applicable law. Such written statement shall specify the basis for such opinion. After opportunity for hearing upon the objections specified in the written statement so filed, the Securities and Exchange Commission may, and if demanded by such trustee or by such applicants shall, enter an order either sustaining one or more of such objections or refusing to sustain any of them. If the Commission shall enter an order refusing to sustain any of such objections, or if, after the entry of an order sustaining one or more of such objections, the Securities and Exchange Commission shall find, after notice and opportunity for hearing, that all objections so sustained have been met, and shall enter an order so declaring, such trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender. Each HolderEvery Securityholder, by receiving and holding a Trust Securities CertificateSecurity, agrees with the Trustee that neither the Trustee, the Transfer Agent and Registrar, the Transferor, the Servicer, nor any of their respective agents shall be deemed to have agreed not to hold either the Depositor or the Administrative Trustees held accountable by reason of the disclosure of its name any such information as to the names and address or by reason addresses of mailing pursuant to a request made under this Section 5.07the Securityholders hereunder, regardless of the source from which such information was derivedobtained.

Access to List of Securityholders' Names and Addresses. The Administrative Trustees shall furnish or cause to be furnished to (i) the Depositor and the Property Trustee semi-annually, not later than June 1 and December 1 in each year year, and (ii) the Depositor or the Property Trustee, as the case may be, within 30 15 days after receipt by any Administrative Trustee of a request therefor from the Depositor or the Property Trustee, as the case may be, in writing, a list, in such form as the Depositor or the Property Trustee, as the case may be, may reasonably require, of the names and addresses of the Securityholders as of a date not more than 15 days prior to the time such list is furnished; provided provided, that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent list given to the Depositor and the Property Trustee by the Administrative Trustees or at any time the Property Trustee is the Security Securities Registrar. If three or more Securityholders or one or more Holders of Trust Securities Certificates evidencing not less than 25% of the outstanding Liquidation Amount apply in writing to the Administrative Trustees, and such application states that the applicants desire to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities Certificates and such application is accompanied by a copy of the communication that such applicants propose to transmit, and by reasonable proof that each such applicant has owned a Trust Security for a period of at least six months preceding the date of such application, then the Administrative Trustees shall, within five Business Days after the receipt of such application, either (i) afford such applicants access during normal business hours to the current list of Securityholders, or (ii) inform such applicants as to the approximate number of Holders according to the most recent information so furnished to or received by such trustee, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If such trustee shall elect not to afford to such applicants access to such information, such trustee shall, upon the written request of such applicants, mail to all such Trust Security holders copies of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to such trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of such mailing, unless within five days after such tender, such trustee shall mail to such applicants, and file with the Securities and Exchange Commission together with a copy of the material to be mailed a written statement to the effect that, in the opinion of such trustee, such mailing would be contrary to the best interests of the Holders or would be in violation of applicable law. Such written statement shall specify the basis for such opinion. After opportunity for hearing upon the objections specified in the written statement so filed, the Securities and Exchange Commission may, and if demanded by such trustee or by such applicants shall, enter an order either sustaining one or more of such objections or refusing to sustain any of them. If the Commission shall enter an order refusing to sustain any of such objections, or if, after the entry of an order sustaining one or more of such objections, the Securities and Exchange Commission shall find, after notice and opportunity for hearing, that all objections so sustained have been met, and shall enter an order so declaring, such trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender. Each Holder, by receiving and holding a Trust Securities Certificate, shall be deemed to have agreed not to hold either the Depositor or the Administrative Trustees accountable by reason of the disclosure of its name and address or by reason of mailing pursuant to a request made under this Section 5.07address, regardless of the source from which such information was derived.

Access to List of Securityholders' Names and Addresses. The Administrative Trustees shall Trustee will furnish or cause to be furnished by the Transfer Agent and Registrar to (i) the Depositor and the Property Trustee semi-annually, not later than June 1 and December 1 in each year and (ii) the Depositor Servicer or the Property Trustee, as the case may bePaying Agent, within 30 days five Business Days after receipt by any Administrative the Trustee of a request therefor from the Depositor Servicer or the Property TrusteePaying Agent, as the case may berespectively, in writing, a list, list in such form as the Depositor Servicer or the Property Trustee, as the case may be, Paying Agent may reasonably require, of the names and addresses of the Investor Securityholders as of a date not more than 15 days prior to the time such list is furnished; provided that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent list given Record Date for payment of distributions to Investor Securityholders. Unless otherwise provided in the Depositor and the Property Trustee by the Administrative Trustees or at any time the Property Trustee is the Security Registrar. If three or more Securityholders or one or more Holders related Supplement, holders of Trust Investor Securities Certificates evidencing Undivided Interests aggregating not less than 25% of the outstanding Liquidation Invested Amount of the Investor Securities of any Series (the "Applicants") may apply in writing to the Administrative TrusteesTrustee, and if such application states that the applicants Applicants desire to communicate with other Investor Securityholders of any Series with respect to their rights under this Trust Agreement or under the Trust Investor Securities Certificates and such application is accompanied by a copy of the communication that which such applicants Applicants propose to transmit, and by reasonable proof that each such applicant has owned a Trust Security for a period of at least six months preceding the date of such application, then the Administrative Trustees shallTrustee, after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the Transfer Agent and Registrar to afford such Applicants access during normal business hours to the most recent list of Securityholders held by the Trustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application, either (i) afford such applicants access during normal business hours . Such list shall be as of a date no more than 45 days prior to the current list date of Securityholders, or (ii) inform such applicants as to the approximate number of Holders according to the most recent information so furnished to or received by such trustee, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If such trustee shall elect not to afford to such applicants access to such information, such trustee shall, upon the written request receipt of such applicants, mail to all such Trust Security holders copies of the form of proxy or other communication which is specified in such Applicants' request, with reasonable promptness after a tender to such trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of such mailing, unless within five days after such tender, such trustee shall mail to such applicants, and file with the Securities and Exchange Commission together with a copy of the material to be mailed a written statement to the effect that, in the opinion of such trustee, such mailing would be contrary to the best interests of the Holders or would be in violation of applicable law. Such written statement shall specify the basis for such opinion. After opportunity for hearing upon the objections specified in the written statement so filed, the Securities and Exchange Commission may, and if demanded by such trustee or by such applicants shall, enter an order either sustaining one or more of such objections or refusing to sustain any of them. If the Commission shall enter an order refusing to sustain any of such objections, or if, after the entry of an order sustaining one or more of such objections, the Securities and Exchange Commission shall find, after notice and opportunity for hearing, that all objections so sustained have been met, and shall enter an order so declaring, such trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender. Each HolderEvery Securityholder, by receiving and holding a Trust Securities CertificateSecurity, agrees with the Trustee that neither the Trustee, the Transfer Agent and Registrar, nor any of their respective agents shall be deemed to have agreed not to hold either the Depositor or the Administrative Trustees held accountable by reason of the disclosure of its name any such information as to the names and address or by reason addresses of mailing pursuant to a request made under this Section 5.07the Securityholders hereunder, regardless of the source from which such information was derivedobtained.

Access to List of Securityholders' Names and Addresses. The Administrative Trustees shall Security Registrar will furnish or cause to be furnished to (i) the Depositor Sponsor and the Property Trustee semi-annually, not later than June 1 and December 1 in each year and (ii) the Depositor or the Property Trustee, as the case may beServicer, within 30 five days after receipt by any Administrative Trustee the Security Registrar of a request therefor from the Depositor Sponsor or the Property Trustee, as the case may be, Servicer in writing, a list, in such form as the Depositor or the Property Trustee, as the case may be, Owner Trustee may reasonably require, of the names and addresses of the Securityholders as of a date not more than 15 days prior to the time such list is furnished; provided that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent list given to the Depositor and the Property Trustee by the Administrative Trustees or at any time the Property Trustee is the Security RegistrarRecord Date. If three Securityholders with an aggregate Percentage of 25% or more Securityholders or one or more Holders of Trust Securities Certificates evidencing not less than 25% of the outstanding Liquidation Amount (hereinafter referred to as "Applicants") apply in writing to the Administrative Trustees---------- Owner Trustee, and such application states that the applicants Applicants desire to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities Certificates and such application is accompanied by a copy of the communication that which such applicants Applicants propose to transmit, and by reasonable proof that each such applicant has owned a Trust Security for a period of at least six months preceding the date of such application, then the Administrative Trustees Owner Trustee shall, within five Business Days after the receipt of such application, either (i) afford such applicants Applicants access during normal business hours to the current most recent list of Securityholders, or (ii) inform such applicants as to Securityholders held by the approximate number of Holders according to the most recent information so furnished to or received by such trustee, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such applicationOwner Trustee. If such trustee list is as of a date more than 90 days prior to the date of receipt of such Applicants' request, the Owner Trustee shall elect not to promptly request from the Security Registrar a current list as provided above, and shall afford to such applicants Applicants access to such information, such trustee shall, list promptly upon the written request of such applicants, mail to all such Trust Security holders copies of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to such trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of such mailing, unless within five days after such tender, such trustee shall mail to such applicants, and file with the Securities and Exchange Commission together with a copy of the material to be mailed a written statement to the effect that, in the opinion of such trustee, such mailing would be contrary to the best interests of the Holders or would be in violation of applicable lawreceipt. Such written statement shall specify the basis for such opinion. After opportunity for hearing upon the objections specified in the written statement so filed, the Securities and Exchange Commission may, and if demanded by such trustee or by such applicants shall, enter an order either sustaining one or more of such objections or refusing to sustain any of them. If the Commission shall enter an order refusing to sustain any of such objections, or if, after the entry of an order sustaining one or more of such objections, the Securities and Exchange Commission shall find, after notice and opportunity for hearing, that all objections so sustained have been met, and shall enter an order so declaring, such trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender. Each HolderEvery Securityholder, by receiving and holding a Trust Securities CertificateSecurity, agrees with the Security Registrar and the Owner Trustee that neither the Sponsor, the Servicer, the Security Registrar nor the Owner Trustee shall be deemed to have agreed not to hold either the Depositor or the Administrative Trustees held accountable by reason of the disclosure of its name any such information as to the names and address or by reason addresses of mailing pursuant to a request made under this Section 5.07the Securityholders hereunder, regardless of the source from which such information was derived.

Access to List of Securityholders' Names and Addresses. The Administrative Trustees shall furnish or cause to be furnished to (i) the Depositor and the Property Trustee semi-annually, not later than June 1 and December 1 in each year and (ii) the Depositor or the Property Trustee, as the case may be, within 30 days after receipt by any Administrative Trustee of a request therefor from the Depositor or the Property Trustee, as the case may be, in writing, a list, in such form as the Depositor or the Property Trustee, as the case may be, may reasonably require, of the names and addresses of the Securityholders as of a date not more than 15 days prior to the time such list is furnished; provided that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent list given to the Depositor and the Property Trustee by the Administrative Trustees or at any time the Property Trustee is the Security Registrar. If three or more Securityholders or one or more Holders of Trust Securities Certificates evidencing not less than 25% of the outstanding Liquidation Amount apply in writing to the Administrative Trustees, and such application states that the applicants desire to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities Certificates and such application is accompanied by a copy of the communication that such applicants propose to transmit, and by reasonable proof that each such applicant has owned a Trust Security for a period of at least six months preceding the date of such application, then the Administrative Trustees shall, within five Business Days after the receipt of such application, either (i) afford such applicants access during normal business hours to the current list of Securityholders, or (ii) inform such applicants as to the approximate number of Holders according to the most recent information so furnished to or received by such trustee, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If such trustee shall elect not to afford to such applicants access to such information, such trustee shall, upon the written request of such applicants, mail to all such Trust Security holders copies of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to such trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of such mailing, unless within five days after such tender, such trustee shall mail to such applicants, and file with the Securities and Exchange Commission together with a copy of the material to be mailed a written statement to the effect that, in the opinion of such trustee, such mailing would be contrary to the best interests of the Holders or would be in violation of applicable law. Such written statement shall specify the basis for such opinion. After opportunity for hearing upon the objections specified in the written statement so filed, the Securities and Exchange Commission may, and if demanded by such trustee or by such applicants shall, enter an order either sustaining one or more of such objections or refusing to sustain any of them. If the Commission shall enter an order refusing to sustain any of such objections, or if, after the entry of an order sustaining one or more of such objections, the Securities and Exchange Commission shall find, after notice and opportunity for hearing, that all objections so sustained have been met, and shall enter an order so declaring, such trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender. Each Holder, by receiving and holding a Trust Securities Certificate, shall be deemed to have agreed not to hold either the Depositor Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address or by reason of mailing pursuant to a request made under this Section 5.07address, regardless of the source from which such information was derived.

Access to List of Securityholders' Names and Addresses. The Administrative Trustees shall Trustee will furnish or cause to be furnished by the Transfer Agent and Registrar to (i) the Depositor and Transferor, the Property Trustee semi-annually, not later than June 1 and December 1 in each year and (ii) the Depositor Servicer or the Property Trustee, as the case may bePaying Agent, within 30 days five Business Days after receipt by any Administrative the Trustee of a request therefor from the Depositor Transferor, the Servicer or the Property TrusteePaying Agent, as the case may berespectively, in writing, a list, list in such form as the Depositor Transferor, the Servicer or the Property Trustee, as the case may be, Paying Agent may reasonably require, of the names and addresses of the Investor Securityholders as of a date not more than 15 days prior to the time such list is furnished; provided that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent list given Record Date for payment of distributions to Investor Securityholders. Unless otherwise provided in the Depositor and the Property Trustee by the Administrative Trustees or at any time the Property Trustee is the Security Registrar. If three or more Securityholders or one or more Holders related Supplement, holders of Trust Investor Securities Certificates evidencing Undivided Interests aggregating not less than 25% of the outstanding Liquidation Invested Amount of the Investor Securities of any Series (the "Applicants") may apply in writing to the Administrative TrusteesTrustee, and if such application states that the applicants Applicants desire to communicate with other Investor Securityholders of any Series with respect to their rights under this Trust Agreement or under the Trust Investor Securities Certificates and such application is accompanied by a copy of the communication that which such applicants Applicants propose to transmit, and by reasonable proof that each such applicant has owned a Trust Security for a period of at least six months preceding the date of such application, then the Administrative Trustees shallTrustee, after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the Transfer Agent and Registrar to afford such Applicants access during normal business hours to the most recent list of Securityholders held by the Trustee and shall give the Servicer and the Transferor notice that such request has been made, within five Business Days after the receipt of such application, either (i) afford such applicants access during normal business hours . Such list shall be as of a date no more than 45 days prior to the current list date of Securityholders, or (ii) inform such applicants as to the approximate number of Holders according to the most recent information so furnished to or received by such trustee, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If such trustee shall elect not to afford to such applicants access to such information, such trustee shall, upon the written request receipt of such applicants, mail to all such Trust Security holders copies of the form of proxy or other communication which is specified in such Applicants' request, with reasonable promptness after a tender to such trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of such mailing, unless within five days after such tender, such trustee shall mail to such applicants, and file with the Securities and Exchange Commission together with a copy of the material to be mailed a written statement to the effect that, in the opinion of such trustee, such mailing would be contrary to the best interests of the Holders or would be in violation of applicable law. Such written statement shall specify the basis for such opinion. After opportunity for hearing upon the objections specified in the written statement so filed, the Securities and Exchange Commission may, and if demanded by such trustee or by such applicants shall, enter an order either sustaining one or more of such objections or refusing to sustain any of them. If the Commission shall enter an order refusing to sustain any of such objections, or if, after the entry of an order sustaining one or more of such objections, the Securities and Exchange Commission shall find, after notice and opportunity for hearing, that all objections so sustained have been met, and shall enter an order so declaring, such trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender. Each HolderEvery Securityholder, by receiving and holding a Trust Securities CertificateSecurity, agrees with the Trustee that neither the Trustee, the Transfer Agent and Registrar, the Transferor, the Servicer, nor any of their respective agents shall be deemed to have agreed not to hold either the Depositor or the Administrative Trustees held accountable by reason of the disclosure of its name any such information as to the names and address or by reason addresses of mailing pursuant to a request made under this Section 5.07the Securityholders hereunder, regardless of the source from which such information was derivedobtained.