Common use of Business Plans Clause in Contracts

Business Plans. As promptly as possible, but in no event later than July 15, 2010 (and, as applicable, with current information as of June 30, 2010) the Manager shall deliver to the Initial Member written plans (each, a “Business Plan”) detailing the strategy to be used by it in managing and disposing of the assets of the Company in respect of all of the Loans for achieving the Company’s purposes with respect thereto, in conformance with the Servicing Standard, based, to the extent appropriate, on information gathered by the Company with respect to the Loans, which shall include (i) individual Business Plans for each of the ten (10) largest Loans based on their Unpaid Principal Balance as of the Cut-Off Date (as set forth on the Loan Schedule), and (ii) a consolidated Business Plan covering all Loans (a “Consolidated Business Plan”). With respect to the first such Business Plans and Consolidated Business Plan, the Manager shall meet with the Initial Member as reasonably requested by the Initial Member from time to time during the thirty (30) Business Days following the Initial Member’s receipt of the same, to review and discuss such Business Plans and Consolidated Business Plan, including changes thereto suggested by the Initial Member. Within thirty (30) Business Days following expiration of such review period, the Manager will deliver to the Initial member a final version of such Business Plans and Consolidated Business Plan reflecting such changes as the Manager considers to be appropriate in light of its discussions with the Initial Member during such review period. The Manager shall thereafter review and revise each Business Plan and Consolidated Business Plan as the circumstances may require, and in any event provide periodic updates to such Business Plans (and for each such update, the same shall cover the ten (10) largest Loans based on their Unpaid Principal Balance as of the time of such update) and Consolidated Business Plan to the Initial Member, in January (current as of December 31 of the immediately preceding year) and July (current as of June 30 of such year) of each year, commencing in January 2011, with each such periodic update to de delivered as part of the Monthly Reports due at such time pursuant to Section 7.4(b), Upon reasonable notice by the Initial Member, the Company shall make its personnel who are familiar with such Business Plans and Consolidated Business Plans available during normal business hours for the purposes of discussing such Business Plans and Consolidated Business Plans with representatives of the Initial Member and responding to questions therefrom.

Business Plans. As promptly as possible, but in no event later than July 15, 2010 (and, as applicable, with current information as of June 30, 2010) the Manager shall deliver to the Initial Member written plans (each, a “Business Plan”) detailing the strategy to be used by it in managing and disposing of the assets of the Company in respect of all of the Loans for achieving the Company’s purposes with respect thereto, in conformance with the Servicing Standard, based, to the extent appropriate, on information gathered by the Company with respect to the Loans, which shall include (i) individual Business Plans for each of the ten (10) largest Loans based on their Unpaid Principal Balance as of the Cut-Off Date (as set forth on the Loan Schedule), and (ii) a consolidated Business Plan covering all Loans (a “Consolidated Business Plan”). With respect to the first such Business Plans and Consolidated Business Plan, the Manager shall meet with the Initial Member as reasonably requested by the Initial Member from time to time during the thirty (30) Business Days following the Initial Member’s receipt of the same, to review and discuss such Business Plans and Consolidated Business Plan, including changes thereto suggested by the Initial Member. Within thirty (30) Business Days following expiration of such review period, the Manager will deliver to the Initial member a final version of such Business Plans and Consolidated Business Plan reflecting such changes as the Manager considers to be appropriate in light of its discussions with the Initial Member during such review period. The Manager shall thereafter review and revise each Business Plan and Consolidated Business Plan as the circumstances may require, and in any event provide periodic updates to such Business Plans (and for each such update, the same shall cover the ten (10) largest Loans based on their Unpaid Principal Balance as of the time of such update) and Consolidated Business Plan to the Initial Member, in January (current as of December 31 of the immediately preceding year) and July (current as of June 30 of such year) of each year, commencing in January 2011, with each such periodic update to de delivered as part of the Monthly Reports due at such time pursuant to Section 7.4(b), Upon reasonable notice by the Initial Member, the Company shall make its personnel who are familiar with such Business Plans and Consolidated Business Plans available during normal business hours for the purposes of discussing such Business Plans and Consolidated Business Plans with representatives of the Initial Member and responding to questions therefrom.

Business Plans. As promptly as possible, but in no event later than July 15, 2010 the time periods set forth herein (and, as applicable, with current information as of June 30, 2010the month most recently ended prior to delivery thereof) the Manager shall deliver to the Initial Member written plans (each, a “Business Plan”) detailing the strategy to be used by it in managing and disposing of the assets of Assets (and the Company in respect of all of the Loans Ownership Entities) for achieving the Company’s purposes with respect thereto, in conformance with the Servicing Standard, based, to the extent appropriate, on information gathered by the Company with respect to the LoansAssets (each, together with any updates thereto, a “Business Plan”), which shall include (i) individual Business Plans (each, a “Borrower-Business Relationship Business Plan”) for each of the ten (10) fifteen largest Loans Borrower-business relationships based on their Unpaid Principal Balance as of the Cut-Off Date (as set forth on determined by aggregating the Loan ScheduleLoans of Borrower and/or Obligors under common Control or that otherwise are Affiliates of each other), and (ii) a consolidated Business Plan covering all Loans Assets (a “Consolidated Business Plan”). Such initial Borrower-Business Relationship Business Plans shall be delivered not more than sixty days after the Closing Date, and such initial Consolidated Business Plan (including updated Borrower-Business Relationship Business Plans) shall be delivered not more than one hundred twenty days after the Closing Date. With respect to the first such Borrower-Business Relationship Business Plans and Consolidated Business Plan, the Manager shall meet with the Initial Member as reasonably requested by the Initial Member from time to time during the thirty (30) Business Days following the Initial Member’s receipt of the same, or such later date as requested by the Initial Member, to review and discuss such Borrower-Business Relationship Business Plans and Consolidated Business Plan, including changes thereto suggested by the Initial Member. Within thirty (30) Business Days following expiration of such review period, the Manager will deliver to the Initial member Member a final version of such Borrower-Business Relationship Business Plans and Consolidated Business Plan reflecting such changes as the Manager considers to be appropriate in light of its discussions with the Initial Member during such review period. The Manager shall thereafter review and revise each Business Plan and Consolidated Business Plan as the circumstances may require, and in any event provide periodic updates to such Business Plans (and for each such updateupdate to the Borrower-Business Relationship Business Plans, the same shall cover the ten (10) fifteen largest Loans Borrower-business relationships based on their Unpaid Principal Balance as of the time of such update) and Consolidated Business Plan to the Initial Member, in January (current as of December 31 of the immediately preceding year) and July (current as of June 30 of such year) of each year, commencing in January 2011July of 2014, with each such periodic update to de be delivered as part of the Monthly Reports due at such time pursuant to Section 7.4(b7.4 (and Section 3(b) of the Reporting and Access Schedule). With respect to each such Business Plan (including any update thereto), Upon upon reasonable notice by the Initial Member, the Company shall make its personnel who are familiar with such Business Plans and Consolidated Business Plans available during normal business hours for the purposes of discussing such Business Plans and Consolidated Business Plans with representatives of the Initial Member and responding to questions therefromtherefrom (and, as applicable, revising the same to reflect such changes as the Manager considers to be appropriate in light of such discussions with the Initial Member).

Business Plans. As promptly as possible, but in no event later than July 15, 2010 the time periods set forth herein (and, as applicable, with current information as of June 30, 2010the month most recently ended prior to delivery thereof) the Manager shall must deliver to the Initial Member written plans (each, a “Business Plan”) detailing the strategy to be used by it in managing and disposing of the assets of Assets (and the Company in respect of all of the Loans Ownership Entities) for achieving the Company’s purposes with respect thereto, in conformance with the Servicing Standard, based, to the extent appropriate, on information gathered by the Company with respect to the LoansAssets (each, together with any updates thereto, a “Business Plan”), which shall will include (i) with respect to each Pool or group of Pools (as applicable), individual Business Plans (each, a “Borrower-Business Relationship Business Plan”) for each of (a) the ten (10) twenty-five largest Loans Borrower-business relationships based on their Unpaid Principal Balance as of the Cut-Off Date (determined by aggregating the Loans of Borrower and Obligors under common Control or that otherwise are Affiliates of each other), with respect to Pool 24420 and (b) the fifteen largest Borrower-business relationships based on their Unpaid Principal Balance as set forth on of the Loan ScheduleCut-Off Date (determined by aggregating the Loans of Borrower and Obligors under common Control or that otherwise are Affiliates of each other), with respect to the group of Pools consisting of Pool 24425 and Pool 24430, and (ii) a consolidated Business Plan covering all Loans Assets in all Pools (with the Borrower-Business Relationship Business Plans being integrated therein) (a “Consolidated Business Plan”). Such initial Borrower-Business Relationship Business Plans (for each Pool or group of Pools, as applicable) must be delivered not more than one hundred eighty days after the Closing Date, and such initial Consolidated Business Plan must be delivered not more than one hundred eighty days after the Closing Date. With respect to the first such Borrower-Business Relationship Business Plans (for each Pool or group of Pools, as applicable) and Consolidated Business Plan, the Manager shall must meet with the Initial Member as reasonably requested by the Initial Member from time to time during the thirty (30) Business Days following the Initial Member’s receipt of the same, or such later date as requested by the Initial Member, to review and discuss such Borrower-Business Relationship Business Plans and Consolidated Business Plan, including changes thereto suggested by the Initial Member. Within thirty (30) Business Days following expiration of such review period, the Manager will deliver to the Initial member Member a final version of such Borrower-Business Relationship Business Plans (for each Pool or group of Pools, as applicable) and Consolidated Business Plan reflecting such changes as the Manager considers to be appropriate in light of its discussions with the Initial Member during such review period. The Manager shall must thereafter review and revise each Business Plan and Consolidated Business Plan as the circumstances may require, and in any event provide periodic updates to such Business Plans (and for each such updateupdate to the Borrower-Business Relationship Business Plans, the same shall must cover (a) with respect to Pool 24420, the ten twenty-five and (10b) with respect to the group of Pools consisting of Pool 24425 and Pool 24430 the fifteen, largest Loans Borrower-business relationships such Pool or group of Pools (as applicable) based on their Unpaid Principal Balance as of the time of such update) and Consolidated Business Plan to the Initial Member, in January (current as of December 31 of the immediately preceding year) and July (current as of June 30 of such year) of each year, commencing in January 2011of 2025 and continuing until Final Monthly Distribution, with each such periodic update to de be delivered as part of the Monthly Reports due at such time pursuant to Section 7.4(b7.4 (and Section 3(b) of the Reporting and Access Schedule). In connection with and following the Final Monthly Distribution, each Monthly Report will include an applicable update as to any relevant information that would otherwise be included in an update to the Consolidated Business Plan (and no separate update to the Consolidated Business Plan will be required). With respect to each such Business Plan (including any update thereto or to relevant information therein pursuant to any Monthly Report), Upon upon reasonable notice by the Initial Member, the Company shall must make its personnel who are familiar with such Business Plans and Consolidated Business Plans available during normal business hours for the purposes of discussing such Business Plans and Consolidated Business Plans with representatives of the Initial Member and responding to questions therefromtherefrom (and, as applicable, revising the same to reflect such changes as the Manager considers to be appropriate in light of such discussions with the Initial Member).