Common use of Certain Reports, Certifications and Compliance Information Clause in Contracts

Certain Reports, Certifications and Compliance Information. The Primary Servicer shall comply with the following provisions: (i) Form 8-K Information. With respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than the date set forth in Section 13.7 of the Pooling and Servicing Agreement with respect to any event described below of which the Primary Servicer becomes aware, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 8-K Information Report") setting forth all of the information regarding such event that is required to be included in a Current Report on Form 8-K ("Form 8-K") under the Exchange Act, to the extent that the Primary Servicer is required to deliver such information under Article XIII of the Pooling and Servicing Agreement. (ii) Form 10-D Information. With respect to each ABS Issuing Entity and each Distribution Date (for so long as such ABS Issuing Entity is subject to Exchange Act reporting requirements), not later than the date (in each month) set forth in Section 13.4 of the Pooling and Servicing Agreement, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 10-D Information Report") setting forth all of the information that is required to be included in the Asset-Backed Issuer Distribution Report on Form 10-D ("Form 10-D") under the Exchange Act relating to the Distribution Date occurring in such month, to the extent that the Primary Servicer is required to deliver such information under Article XIII of the Pooling and Servicing Agreement. (iii) Form 10-K Information (Other than Annual Compliance Information). With respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than the date in each month set forth in Section 13.5 of the Pooling and Servicing Agreement, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 10-K Information Report") setting forth all of the information (other than a report regarding its assessment of compliance, a report by a registered public accounting firm that attests to and reports on such assessment report and a statement of compliance, which reports and statements shall be governed by subsection (c)(iv)) that is required to be included in an Annual Report on Form 10-K (a "Form 10-K") under the Exchange Act relating to the most recently ended calendar year, to the extent that the Primary Servicer is required to deliver such information under Article XIII of the Pooling and Servicing Agreement.

Certain Reports, Certifications and Compliance Information. The Primary Servicer shall comply with the following provisions: (i) Form 8-K Information. With respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than the date set forth in Section 13.7 11.09 of the Pooling and Servicing Agreement with respect to any event described below of which the Primary Servicer becomes aware, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 8-K Information Report") setting forth all of the information regarding such event that is required to be included in a Current Report on Form 8-K ("Form 8-K") under the Exchange Act, to the extent that the Primary Servicer is required to deliver such information under Article XIII XI of the Pooling and Servicing Agreement. (ii) Form 10-D Information. With respect to each ABS Issuing Entity and each Distribution Date (for so long as such ABS Issuing Entity is subject to Exchange Act reporting requirements), not later than the date (in each month) set forth in Section 13.4 11.06 of the Pooling and Servicing Agreement, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 10-D Information Report") setting forth all of the information that is required to be included in the Asset-Backed Issuer Distribution Report on Form 10-D ("Form 10-D") under the Exchange Act relating to the Distribution Date occurring in such month, to the extent that the Primary Servicer is required to deliver such information under Article XIII XI of the Pooling and Servicing Agreement. (iii) Form 10-K Information (Other than Annual Compliance Information). With respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than the date in each month set forth in Section 13.5 11.07 of the Pooling and Servicing Agreement, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 10-K Information Report") setting forth all of the information (other than a report regarding its assessment of compliance, a report by a registered public accounting firm that attests to and reports on such assessment report and a statement of compliance, which reports and statements shall be governed by subsection (c)(iv)) that is required to be included in an Annual Report on Form 10-K (a "Form 10-K") under the Exchange Act relating to the most recently ended calendar year, to the extent that the Primary Servicer is required to deliver such information under Article XIII XI of the Pooling and Servicing Agreement.

Certain Reports, Certifications and Compliance Information. The Primary Servicer shall comply with the following provisions: (i) Form 8-K Information. With respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than the date set forth in Section 13.7 13.9 of the Pooling and Servicing Agreement with respect to any event described below of which the Primary Servicer becomes aware, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 8-K Information Report") setting forth all of the information regarding such event that is required to be included in a Current Report on Form 8-K ("Form 8-K") under the Exchange Act, to the extent that such information relates (i) to the Primary Servicer or (ii) to the mortgage loans serviced by (and a servicing function of) the Primary Servicer hereunder. Such events shall consist of: (A) a termination or expiration of a material subservicing agreement; (B) any instances of a bankruptcy or insolvency proceeding described in Item 1.03(a) or Item 1.03(b) of Form 8-K involving the Primary Servicer or any Significant Obligor; (C) the resignation, removal, replacement or substitution of a sub-Primary Servicer that constitutes a servicer described by Item 1108(a)(2) of Regulation AB, or the appointment of a new such sub-Primary Servicer (in which case the report shall state the date the event occurred and the circumstances surrounding the change, provide the disclosure required by Item 1108(d) of Regulation AB regarding the servicer change and, if a new such sub-Primary Servicer that constitutes a servicer described in Item 1108(a)(3) of Regulation AB has been appointed, provide the information required by Item 1108(b) through (d) of Regulation AB regarding such sub-Primary Servicer, and, to the extent that any information called for by this clause regarding such sub-Primary Servicer is not determined or is unavailable at the time of the required filing, the Primary Servicer shall include a statement to this effect in the report and then must deliver an amendment to the report containing such information under Article XIII within one Business Day after the information is determined or becomes available to the Primary Servicer); and (D) financial statements and exhibits, if any, required by Item 9.01 of the Pooling and Servicing Agreement.Form 8-K. (ii) Form 10-D Information. With respect to each ABS Issuing Entity and each Distribution Date (for so long as such ABS Issuing Entity is subject to Exchange Act reporting requirements), not later than the date (in each month) set forth in Section 13.4 13.6 of the Pooling and Servicing Agreement, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 10-D Information Report") setting forth all of the information that is required to be included in the Asset-Backed Issuer Distribution Report on Form 10-D ("Form 10-D") under the Exchange Act relating to the Distribution Date occurring in such month, to the extent that such information relates (i) to the Primary Servicer is or (ii) to the mortgage loans serviced by (and a servicing function of) the Primary Servicer hereunder; provided, however, that the Primary Servicer shall be required to deliver a Primary Servicer Form 10-D Information Report each month only to the extent that an event requiring disclosure under Form 10-D has occurred in such month, non-delivery of such report in any given month being deemed to constitute a representation by the Primary Servicer that no such event has occurred in such month. Such information shall include, without limitation: (A) a description of any material legal proceedings involving the Primary Servicer or changes in the status thereof, all as contemplated by Item 2 of Form 10-D and Item 1117 of Regulation AB referred to therein; (B) if any mortgage loan serviced hereunder and held by the ABS Issuing Entity involves a Significant Obligor, the financial information regarding such obligor that is required by Item 6 of Form 10-D and Item 1112(b) of Regulation AB referred to therein, to the extent such information under is available to the Primary Servicer (it being hereby acknowledged by the Primary Servicer that it shall request, and shall use reasonable efforts in accordance with the Servicing Standard to obtain, such information from the obligor); (C) any change in the information described in Item 1100(b)(5) of Regulation AB; (D) the information described in Items 1121(a)(5) and 1121(a) (6) of Regulation AB (to the extent such information is not in the CMSA reports described in Article XIII I hereof); and (E) exhibits, if any, required by Item 9 of the Pooling and Servicing Agreement.Form 10-D. (iii) Form 10-K Information (Other than Annual Compliance Information). With respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than the date in each month set forth in Section 13.5 13.7 of the Pooling and Servicing Agreement, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 10-K Information Report") setting forth all of the information (other than a report regarding its assessment of compliance, a report by a registered public accounting firm that attests to and reports on such assessment report and a statement of compliance, which reports and statements shall be governed by subsection (c)(iv)) that is required to be included in an Annual Report on Form 10-K (a "Form 10-K") under the Exchange Act relating to the most recently ended calendar year, to the extent that such information relates (i) to the Primary Servicer or (ii) to the mortgage loans serviced by (and a servicing function of) the Primary Servicer hereunder. Such information shall include, without limitation: (A) any information regarding legal proceeding involving the Primary Servicer that is required to deliver such information under Article XIII be reported by or on behalf of the Pooling ABS Issuing Entity on such Form 10-K pursuant to Instruction J(2)(d) to Form 10-K and Servicing AgreementItem 1117 of Regulation AB referred to in such instruction; (B) if any mortgage loan serviced hereunder and held by such ABS Issuing Entity relates to a Significant Obligor of the ABS Issuing Entity, the financial information regarding such obligor that is required by Instruction J(2)(b) to Form 10-K and Item 1112(b) of Regulation AB referred to in such instruction; and (C) the following descriptions of affiliations: (I) a description of the existence and nature of any affiliation between the Primary Servicer, on the one hand, and any other person or entity described in Item 1119(a) of Regulation AB, on the other, that is required to be described in such Form 10-K under Item 1119(a) of Regulation AB; (II) a description of the existence and character of any relationship, agreement, arrangement, transaction or understanding between the Primary Servicer or any affiliate of the Primary Servicer, on the one hand, and any of the other parties described in Item 1119(a) of Regulation AB, on the other, that is required to be described in such Form 10-K under Item 1119(b) of Regulation AB; and (III) a description of any specific relationships between the Primary Servicer or any affiliate of the Primary Servicer, on the one hand, and any of the other parties described in Item 1119(c) of Regulation AB (as construed in relation to each of the Trust and each other ABS Issuing Entity separately), on the other, that is required to be described in such Form 10-K under Item 1119(c) of Regulation AB.

Certain Reports, Certifications and Compliance Information. The Primary Servicer With respect to each ABS Issuing Entity, the Subservicer shall comply with the following provisions of this Section 5.12(c) in furtherance of Section 5.12(a) and the Pooling and Servicing Agreement provisions identified below (and, unless the Capmark Master Servicer reasonably advises the Subservicer (on a going-forward basis) that additional deliveries are required, such compliance by the Subservicer shall satisfy the Subservicer's requirements under Section 5.12(a) with respect to such Pooling and Servicing Agreement provisions:): (i) Form 8-K Information. With In furtherance of Section 13.7 of the Pooling and Servicing Agreement, with respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than one Business Day after the date set forth in Section 13.7 Subservicer becomes aware of the Pooling and Servicing Agreement with respect to occurrence of any event described below of which the Primary Servicer becomes awarebelow, the Primary Servicer Subservicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Capmark Master Servicer) Servicer a report (a "Primary Servicer Subservicer Form 8-K Information Report") setting forth all the information specified below with respect to such event (to the extent that such information relates to the Subservicer or to the mortgage loans serviced by the Subservicer hereunder): (A) In connection with the termination or expiration, or the amendment of any provisions, of a material sub-subservicing agreement: (1) the date of termination of the agreement, the identity of the parties to the agreement, and a brief description of any material relationship between the Subservicer or its affiliates and any of the parties other than in respect of the agreement; (2) a brief description of the terms and conditions of the agreement that are material to the Subservicer; (3) a brief description of the material circumstances surrounding the termination; (4) any material early termination penalties incurred by the Subservicer; and (5) a copy of the termination agreement (if any) or amendment. (B) In connection with any instance of a bankruptcy or insolvency proceeding involving the Subservicer or any Significant Obligor: (1) the name or other identification of the proceeding; and (2) the date on which (x) jurisdiction was assumed by a court or governmental authority over the assets or business of the Subservicer or any Significant Obligor or (y) any order confirming a plan of reorganization, arrangement or liquidation of the Subservicer or any Significant Obligor; and (3) such other information as the Capmark Master Servicer may reasonably request of the Subservicer with respect to such bankruptcy or insolvency proceeding (the purpose of such information being to enable the Capmark Master Servicer and/or the Depositor to be responsive to the informational requirements of Item 1.03 of Form 8-K). (C) In connection with the resignation, removal, replacement or substitution of a sub-subservicer of the Subservicer, or the appointment of a new such sub-subservicer: (1) the date on which the event occurred and the circumstances surrounding the change; and (2) the material terms regarding such event resignation, removal, replacement, substitution or appointment, including (I) provisions for selecting a successor sub-subservicer and financial or other requirements that must be met by a successor sub-subservicer, (II) the process for transferring servicing to a successor sub-subservicer and (III) provisions for payment of expenses associated with the servicing transfer and any additional fees charged by a successor sub-subservicer (specifying the amount of any funds set aside for such servicing transfer); (3) a copy of the written instruments or agreements pursuant to which such resignation, removal, replacement, substitution or appointment was effect; and (4) such other information as the Capmark Master Servicer may reasonably request of the Subservicer with respect to such resignation, removal, replacement or substitution (the purpose of such information being to enable the Capmark Master Servicer and/or the Depositor to be responsive to the informational requirements of Item 6.02 of Form 8-K); provided, however, that to the extent that any information called for by this Section 5.12(c)(i)(C) regarding such sub-subservicer is not determined or is unavailable at the time of the Form 8-K filing as to which such information applies, the Subservicer shall include a statement to this effect in the Subservicer Form 8-K Information Report and then must deliver an amendment to such report containing the undetermined or unavailable information within one Business Day after such information is determined or becomes available. (D) any other information of importance to Certificateholders (determined by the Subservicer in accordance with the Servicing Standard) that (A) is not otherwise required to be included in a Current Report on Form 8-K ("Form 8-K") under the Exchange Act, any report to be delivered or otherwise made available to the extent that Capmark Master Servicer hereunder, (B) the Primary Servicer Subservicer has determined, in accordance with the Servicing Standard, could have an adverse effect on payments to any Class of Certificateholders, and (C) is required directly related to deliver such information under Article XIII of the Pooling and Servicing Agreementa Mortgage Loan. (ii) Form 10-D Information. With respect to each ABS Issuing Entity and each Distribution Date (for so long as such ABS Issuing Entity is subject to Exchange Act reporting requirements), not later than the date (in each month) set forth in In furtherance of Section 13.4 of the Pooling and Servicing Agreement, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Master Servicer) a report (a "Primary Servicer Form 10-D Information Report") setting forth all of the information that is required to be included in the Asset-Backed Issuer Distribution Report on Form 10-D ("Form 10-D") under the Exchange Act relating to the Distribution Date occurring in such month, to the extent that the Primary Servicer is required to deliver such information under Article XIII of the Pooling and Servicing Agreement. (iii) Form 10-K Information (Other than Annual Compliance Information). With respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than the date in each month set when the Subservicer is required to deliver to the Capmark Master Servicer the CMSA Loan Periodic Update File under the other provisions of this Agreement, the Subservicer shall deliver to the Capmark Master Servicer a report (a "Subservicer Form 10-D Information Report") setting forth the information specified below relating to the Distribution Date occurring in such month, to the extent that such information relates to the Subservicer or to the mortgage loans serviced by the Subservicer hereunder: (A) a description of (x) any material legal proceedings that involve the Subservicer of a Significant Obligor or to which any of its or such Significant Obligor's property is subject or (y) any changes in the status of such legal proceedings; (B) if any mortgage loan serviced hereunder and held by the applicable ABS Issuing Entity involves a Significant Obligor, any financial information and/or financial statements regarding such Significant Obligor that the Capmark Master Servicer may reasonably request of the Subservicer to enable the Capmark Master Servicer to be responsive to the informational requirements of Item 6 of Form 10-D and Item 1112(b) of Regulation AB referred to therein; (C) any change in how the Subservicer defines or determines delinquencies, charge-offs and uncollectible accounts with respect to the mortgage loans serviced by the Subservicer hereunder, addressing the effect of any grace period, reaging, restructure, partial payments considered current or other practices on delinquency in loss experience; (D) any other material information regarding delinquencies and losses specific to the asset type represented by the mortgage loans serviced by the Subservicer, such as repossession information, foreclosure information and real estate owned (REO) or similar information; (E) information as to the mortgage loans serviced by the Subservicer (such interest rate information to be provided for such mortgage loans, if applicable in appropriate distributional groups or incremental ranges); (F) information as to beginning and ending balances of transaction accounts, such as reserve accounts, and material account activity during the relevant period; and (G) such other information as the Capmark Master Servicer may reasonably request of the Subservicer (the purpose of such information being to enable the Capmark Master Servicer and/or the Depositor to be responsive to the informational requirements of Form 10-D). (iii) Form 10-K Information (Other than Annual Compliance Information). In furtherance of Section 13.5 of the Pooling and Servicing Agreement, with respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than March 1 of each year, the Primary Servicer Subservicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Capmark Master Servicer) Servicer a report (a "Primary Servicer Subservicer Form 10-K Information Report") setting forth all of the information specified below (other than a excluding any report regarding its assessment of compliance, a any report by a registered public accounting firm that attests to and reports on such assessment report report, and a any statement of compliance, which reports and statements shall be governed by subsection (c)(ivSection 5.12(c)(iv)) that is required ), to be included in an Annual Report on Form 10-K (a "Form 10-K") under the Exchange Act relating extent such information relates to the most recently ended calendar year, year and to the extent Subservicer or the mortgage loans serviced by the Subservicer hereunder: (A) a description of (x) any material legal proceedings that involve the Subservicer or a Significant Obligor or to which any of its or such Significant Obligor's property is subject or (y) any changes in the status of such legal proceedings; (B) if any mortgage loan serviced hereunder and held by the applicable ABS Issuing Entity involves a Significant Obligor, any financial information and/or financial statements regarding such Significant Obligor that the Primary Capmark Master Servicer is required to deliver such information under Article XIII may reasonably request of the Pooling Subservicer to enable the Capmark Master Servicer to be responsive to the informational requirements of Instruction J(2)(b) to Form 10-K and Servicing AgreementItem 1112(b) of Regulation AB referred to in such instruction; (C) the following descriptions of affiliations: (I) a description of the existence and nature of any affiliation between the Subservicer, on the one hand, and (u) the Trustee, (v) a 20% Servicer, (w) an Originator, (x) a Significant Obligor, (y) an Enhancement Provider or (z) an Other Material Party, on the other hand; and (II) a description of the existence and character of any relationship, agreement, arrangement, transaction or understanding between the Subservicer or any affiliate of the Subservicer, on the one hand, and any of the persons described in clause (u) through clause (z) of Section 5.12(c)(iii)(C)(I), on the other hand.

Certain Reports, Certifications and Compliance Information. The Primary Servicer shall comply with the following provisions: (i) Form 8-K Information. With respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than the date set forth in Section 13.7 of the Pooling and Servicing Agreement with respect to any event described below of which the Primary Servicer becomes aware, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Capmark Master Servicer) a report (a "Primary Servicer Form 8-K Information Report") setting forth all of the information regarding such event that is required to be included in a Current Report on Form 8-K ("Form 8-K") under the Exchange Act, to the extent that the Primary Servicer is required to deliver such information under Article XIII of the Pooling and Servicing Agreement. (ii) Form 10-D Information. With respect to each ABS Issuing Entity and each Distribution Date (for so long as such ABS Issuing Entity is subject to Exchange Act reporting requirements), not later than the date (in each month) set forth in Section 13.4 of the Pooling and Servicing Agreement, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Capmark Master Servicer) a report (a "Primary Servicer Form 10-D Information Report") setting forth all of the information that is required to be included in the Asset-Backed Issuer Distribution Report on Form 10-D ("Form 10-D") under the Exchange Act relating to the Distribution Date occurring in such month, to the extent that the Primary Servicer is required to deliver such information under Article XIII of the Pooling and Servicing Agreement. (iii) Form 10-K Information (Other than Annual Compliance Information). With respect to each ABS Issuing Entity (for so long as it is subject to Exchange Act reporting requirements), not later than the date in each month set forth in Section 13.5 of the Pooling and Servicing Agreement, the Primary Servicer shall deliver to the Depositor or other Applicable Depositor (with a copy to the Capmark Master Servicer) a report (a "Primary Servicer Form 10-K Information Report") setting forth all of the information (other than a report regarding its assessment of compliance, a report by a registered public accounting firm that attests to and reports on such assessment report and a statement of compliance, which reports and statements shall be governed by subsection (c)(iv)) that is required to be included in an Annual Report on Form 10-K (a "Form 10-K") under the Exchange Act relating to the most recently ended calendar year, to the extent that the Primary Servicer is required to deliver such information under Article XIII of the Pooling and Servicing Agreement.