Common use of Certificates; Reports; Other Information Clause in Contracts

Certificates; Reports; Other Information. Furnish or cause to be ---------------------------------------- furnished to the Administrative Agent and the Collateral Agent: (1) No less frequently than monthly, within thirty (30) days after the last day of each calendar month unless otherwise requested in writing, reports in form and content satisfactory to the Administrative Agent containing the following information: (A) a Loan Purchase/Sale Schedule for such month; (B) a Delinquency Report for such month; (C) the Borrowing Base Schedule for such month; (D) with respect to each of the Tranche A Facility and the Tranche B Facility, a Position Report for such month; and (E) with respect to the Tranche A Facility, an investor commitment summary relating to the status of the Take-out Commitments and Hedging Arrangements; (2) Promptly, such additional financial and other information, including, without limitation, financial statements of the Companies or any Approved Investor or Approved Repo Lender, and information regarding the Collateral as the Administrative Agent, the Collateral Agent or any Lender, through the Administrative Agent, may from time to time reasonably request; (3) To the Administrative Agent upon request therefor after the occurrence and during the continuance of an Event of Default, the Additional Required Documents in connection with any Mortgage Loan or Warehousing Loan which has been funded with the proceeds of any Loan; (4) To the Administrative Agent (to be forwarded by the Administrative Agent to each of the Lenders) a copy of any 8-K statement or S-3 registration statement filed by the Companies with the Securities and Exchange Commission as promptly as possible after such filing; and (5) To the Administrative Agent upon request for a Tranche A Loan made with respect to any Warehousing Loan, (A) a copy of the warehousing loan agreement between the Companies and the applicable sub-borrower relating to such Warehousing Loan and, (B) upon request of the Majority Lenders, (i) a copy, certified by an Authorized Officer of the Companies, of all UCC-1 financing statements listing the applicable sub-borrower as debtor and the Companies as secured party, signed by the sub-borrower and covering any collateral being pledged under the applicable warehousing loan agreement, and (ii) UCC-3 Financing Statements listing the Companies as assignor and the Administrative Agent as assignee and assigning the right, title and interest of the Companies in the personal property which has been pledged by the applicable sub-borrower to the Companies as security for such Warehousing Loan.

Appears in 2 contracts

Samples: Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc)

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Certificates; Reports; Other Information. Furnish or cause to ---------------------------------------- be ---------------------------------------- furnished to the Administrative Agent and the Collateral Agent: (1) No less frequently than monthly, within thirty (30) days after the last day of each calendar month unless otherwise requested in writing, reports in form and content satisfactory to the Administrative Agent containing the following information: (A) a Loan Purchase/Sale Schedule for such month; (B) a Delinquency Report for such month; (C) a Master Servicing Delinquency Report for such month; (D) a Servicing Report for such month; (E) a Master Servicing Report for such month; (F) with respect to the Tranche D Facility, 1. a Monthly Tract Sales Report for such - month, 2. a Daily Trial Balance Report for such month, 3. a Budget Status - - Report for such month, and 4. a Life of Loan/Unit History Report for such - month; (G) with respect to each of the Tranche D Facility, the Tranche E Facility and the Tranche F Facility, Origination and Repayment Statistics Reports in the forms of Exhibits U, V, and W, respectively, set forth in ---------- - - the Addendum; (H) the Borrowing Base Schedule for such month; (DI) with respect to each of the Tranche A Facility and the Tranche B Facility, a Position Report for such month; and (EJ) with respect to the Tranche A Facility, an investor commitment summary relating to the status of the Take-out Commitments and Hedging Arrangements;. (2) Promptly, such additional financial and other information, including, without limitation, financial statements of the Companies or any Approved Investor Investor, Approved Repo Lender or Approved Repo LenderSub-Servicer, and information regarding the Collateral as the Administrative Agent, the Collateral Agent Agent, the L/C Bank or any Lender, through the Administrative Agent, may from time to time reasonably request; (3) To Promptly, and in any event within five (5) business days after received or sent by the Administrative Agent upon request therefor Companies, (i) true and complete copies of any and all notices, correspondences and similar documentation prepared by, or on behalf of any investor under a Servicing Contract or any MBS Fiduciary under a Master Servicing Contract in the event such notices, correspondence or documentation declare or allege that any Company is (or will be after the occurrence and during the continuance passage of an Event of Default, the Additional Required Documents time) in connection with any Mortgage Loan default under a Servicing Contract or Warehousing Loan Master Servicing Contract or which has been funded with the proceeds of any Loanterminates or threatens to terminate a Servicing Contract or Master Servicing Contract; (4) To the Administrative Agent (to be forwarded by the Administrative Agent to each of the LendersLenders and to the L/C Bank) a copy of any 8-K statement or S-3 registration statement filed by the Companies with the Securities and Exchange Commission as promptly as possible after such filing; (5) To the Administrative Agent with respect to any Construction Loan which is secured by a mortgage or deed of trust on a single-family tract home which has remained unsold for more than one hundred eighty (180) days, within thirty (30) days after such single-family tract home has remained unsold for more than one hundred eighty (180) days, an appraisal of such home prepared by an independent third party appraiser proposed by the Companies and acceptable to the Administrative Agent; (6) To the Administrative Agent on a semiannual basis within thirty (30) days after each April 1 and October 1, an appraisal of the Assigned Servicing Rights relating to Master Servicing Contracts prepared by an independent third party proposed by the Companies and acceptable to the Administrative Agent; provided, however, that (A) the Administrative -------- ------- Agent reserves the right to request such appraisal with respect to Assigned Servicing Rights related to Master Servicing Contracts more frequently than semiannually if deemed necessary in the reasonable business judgment of the Administrative Agent, and (B) the Companies shall deliver a similar appraisal to the Administrative Agent with respect to Assigned Servicing Rights related to Servicing Contracts for all such Assigned Servicing Rights owned by the Companies in excess of six (6) months, such appraisal to be delivered within thirty (30) days after such Assigned Servicing Rights have been owned for six (6) months by the Companies; (7) To the Administrative Agent upon entry by the Companies into any Master Servicing Contract with a new MBS Fiduciary or any Servicing Contract with a new investor, a Resignation Letter with respect to such MBS Fiduciary or investor, which Resignation Letter shall be executed by the Companies and undated; (8) To the Administrative Agent upon request therefor after the occurrence and during the continuance of an Event of Default, the Additional Required Documents in connection with any Mortgage Loan, Construction Loan, Servicing Loan, Foreclosure/ Repurchase Loan or Warehousing Loan which has been funded with the proceeds of any Loan; and (59) To the Administrative Agent upon request for a Tranche A Loan made with respect to any Warehousing Loan, (A) a copy of the warehousing loan agreement between the Companies and the applicable sub-borrower relating to such Warehousing Loan and, (B) upon request of the Majority Lenders, (i) a copy, certified by an Authorized Officer of the Companies, of all UCC-1 financing statements listing the applicable sub-borrower as debtor and the Companies as secured party, signed by the sub-borrower and covering any collateral being pledged under the applicable warehousing loan agreement, and (ii) UCC-3 Financing Statements listing the Companies as assignor and the Administrative Agent as assignee and assigning the right, title and interest of the Companies in the personal property which has been pledged by the applicable sub-borrower to the Companies as security for such Warehousing Loan.

Appears in 2 contracts

Samples: Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc)

Certificates; Reports; Other Information. Furnish or cause to be ---------------------------------------- furnished to the Administrative Agent and the Collateral AgentLender: (1) Within forty-five (45) days after the last day of each calendar month, a Monthly Operating Report; (2) No less frequently than monthly, within thirty ten (3010) days after the last day of each calendar month unless otherwise requested in writingwriting by the Lender and more frequently at Lender's request, reports in form and content satisfactory to the Administrative Agent containing the following information: (A) a Loan Purchase/Sale Schedule report for such month; (B) a Delinquency Report month showing, for such month; (C) all Eligible Mortgage Loans included in the Borrowing Base Schedule for during such month; , (Di) with respect to each the current unpaid principal balance of the Tranche A Facility and the Tranche B Facilitysuch Eligible Mortgage Loans, a Position Report for such month; and (Eii) with respect to the Tranche A Facility, an investor commitment summary relating to the payment status of the Take-out Commitments such Eligible Mortgage Loans, including information regarding 30, 60 and Hedging Arrangements;90 day delinquencies of such Eligible Mortgage Loans. (23) Promptly, such additional financial and other information, including, without limitation, financial statements of the Companies or any Approved Investor or Approved Repo LenderCompany, and information regarding the Collateral as the Administrative Agent, the Collateral Agent or any Lender, through the Administrative Agent, Lender may from time to time reasonably request; (34) To Promptly, and in any event within five (5) business days after received by the Administrative Agent upon request therefor after the occurrence and during the continuance of an Event of DefaultCompany, the Additional Required Documents in connection with any Mortgage Loan or Warehousing Loan which has been funded with the proceeds copies of any Loan; (4) To the Administrative Agent (to be forwarded and all letters prepared by the Administrative Agent firm of independent certified public accountants employed by the Company and acceptable to each the Lender regarding the Company's compliance with exemptions from registration and filing with both the Securities Commission of the Lenders) a copy State of any 8-K statement South Carolina or S-3 registration statement filed by the Companies with the Securities and Exchange Commission as promptly as possible after such filingCommission; and (5) To Promptly, and in any event within five (5) business days after the Administrative Agent upon request for a Tranche A Loan made with respect to any Warehousing LoanCompany receives notice thereof, (A) a copy notice of the warehousing loan occurrence of any default or event of default under any credit or financing agreement between to which the Companies and the applicable sub-borrower relating to such Warehousing Loan and, (B) upon request Company or any Affiliate of the Majority LendersCompany is a party. 6(c) Payment of Indebtedness. Pay or otherwise satisfy at or before maturity or before it becomes delinquent or accelerated, as the case may be, all its Indebtedness (i) a copyincluding taxes), certified except Indebtedness being contested in good faith by an Authorized Officer appropriate proceedings and for which provision is made to the satisfaction of the Companies, of all UCC-1 financing statements listing Lender for the applicable sub-borrower as debtor payment thereof in the event the Company is found to be obligated to pay such Indebtedness and the Companies as secured party, signed which Indebtedness is thereupon promptly paid by the sub-borrower and covering any collateral being pledged under the applicable warehousing loan agreement, and (ii) UCC-3 Financing Statements listing the Companies as assignor and the Administrative Agent as assignee and assigning the right, title and interest of the Companies in the personal property which has been pledged by the applicable sub-borrower to the Companies as security for such Warehousing LoanCompany.

Appears in 1 contract

Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc)

Certificates; Reports; Other Information. Furnish or cause ---------------------------------------- to be ---------------------------------------- furnished to the Collateral Agent, the Administrative Agent and each of the Collateral AgentLenders directly: (1i) No less frequently later than monthly, within thirty (30) days after the last day of each calendar month (setting forth information as of the last day of the immediately preceding month), and at such other times as the Administrative Agent or Majority Lenders may reasonably request, a. a Borrowing Base -- Certificate (which shall be in addition to the Borrowing Base Certificates delivered pursuant to Paragraph 7(p) above), and b. a pipeline report, -- commitment position report, servicing delinquency report and production report; (ii) No later than 10:00 a.m. on the first Business Day of each calendar week, and at such other times as the Administrative Agent or Majority Lenders may reasonably request, a certificate in form and substance satisfactory to each Lender, setting forth: (A) the aggregate outstanding principal balance of all Eligible HELOC Assets included in the Borrowing Base as of such date with a Loan-to-Value Ratio equal to or less than ninety percent (90%), (B) the aggregate outstanding principal balance of all Eligible HELOC Assets included in the Borrowing Base as of such date with a Loan-to-Value Ratio greater than ninety percent (90%), (C) the aggregate Unit Collateral Values of all Eligible HELOC Assets included in the Borrowing Base as of such date secured by Property which is encumbered by Liens in an amount greater than $300,000.00 but less than $650,000.00, and (D) the aggregate Unit Collateral Values of all Eligible HELOC assets included in the Borrowing Base as of such date secured by Property which is encumbered by Liens in an amount equal to or greater than $650,000.00 but less than $1,000,000.00; provided, however, that unless otherwise expressly so requested by a Lender in writing, reports such certificate need not be delivered to any Lender; and (iii) In any calendar month in which there is a material change in the Hedging Program, a written description of such change; all of the foregoing to be in form and content substance satisfactory to the Administrative Agent containing the following information: (A) and certified as accurate and complete by a Loan Purchase/Sale Schedule for such month; (B) a Delinquency Report for such month; (C) the Borrowing Base Schedule for such month; (D) with respect to each financial officer of the Tranche A Facility and the Tranche B Facility, a Position Report for such month; and (E) with respect to the Tranche A Facility, an investor commitment summary relating to the status of the Take-out Commitments and Hedging ArrangementsCompany; (2) Within five (5) Business Days of submission thereof by the Company, copies of all documents submitted in connection with any audits by any of FNMA or FHLMC (or GNMA if the Company becomes an approved GNMA issuer), and, within ten (10) Business Days of receipt thereof by the Company, copies of all compliance and audit reports received from any of FNMA or FHLMC (or GNMA if the Company becomes an approved GNMA issuer), and, within two (2) Business Days of receipt thereof by the Company, copies of all notices received from FNMA or FHLMC (or GNMA if the Company becomes an approved GNMA issuer), of any change in agency status or notices of any withdrawal of approval of the Company as an issuer of Mortgage-Backed Securities or a servicer of Mortgage Loans; (3) No later than the last Business Day of the first month following the end of each calendar quarter, and at such other times as the Administrative Agent may reasonably request, a Servicing Contract Report demonstrating to the satisfaction of the Administrative Agent that the Mortgage Loans which are included in the Eligible Servicing Portfolio have an outstanding principal balance of not less than the amount required by Paragraph 12(l) below; (4) Prior to the consummation thereof, notice of any bulk sale of servicing rights owned by the Company with an outstanding principal balance in excess of $50,000,000.00; (5) On or before the first Business Day of each calendar month, the Weighted Average Take-Out Price for each Type of Collateral as of the last day of the immediately preceding calendar month and showing the basis for the calculation thereof in detail satisfactory to the Administrative Agent; (6) Promptly, such additional financial and other information, including, without limitation, financial statements of the Companies or any Approved Investor or Approved Repo Lender, Company and information regarding the Collateral Collateral, as the Administrative Agent, the Collateral Agent or any Lender, through the Administrative Agent, may from time to time reasonably request; (3) To , including, without limitation, such information as is necessary for any Lender to assign or participate out any of its interests in the Administrative Agent upon request therefor after the occurrence and during the continuance of an Event of Default, the Additional Required Documents in connection with any Mortgage Loan Loans hereunder or Warehousing Loan which has been funded with the proceeds of any Loan; (4) To the Administrative Agent (to be forwarded by the Administrative Agent enable other financial institutions to each of the Lenders) a copy of any 8-K statement or S-3 registration statement filed by the Companies with the Securities and Exchange Commission as promptly as possible after such filingbecome signatories hereto; and (57) To Promptly, and on a best efforts basis only, such additional financial and other information regarding any Affiliate of the Company, any Approved Investor (other than FNMA or FHLMC) or any Approved Repo Lender as any Lender, through the Administrative Agent upon request for a Tranche A Loan made with respect Agent, may from time to any Warehousing Loan, (A) a copy of the warehousing loan agreement between the Companies and the applicable sub-borrower relating to such Warehousing Loan and, (B) upon request of the Majority Lenders, (i) a copy, certified by an Authorized Officer of the Companies, of all UCC-1 financing statements listing the applicable sub-borrower as debtor and the Companies as secured party, signed by the sub-borrower and covering any collateral being pledged under the applicable warehousing loan agreement, and (ii) UCC-3 Financing Statements listing the Companies as assignor and the Administrative Agent as assignee and assigning the right, title and interest of the Companies in the personal property which has been pledged by the applicable sub-borrower to the Companies as security for such Warehousing Loantime reasonably request.

Appears in 1 contract

Samples: Mortgage Loan Warehousing Agreement (Headlands Mortgage Co)

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Certificates; Reports; Other Information. Furnish or cause to be ---------------------------------------- furnished (either electronically with receipt confirmation or otherwise) to the Administrative Agent (and the Collateral Agent:Administrative Agent shall deliver or make available to each Lender): (1) No less frequently than monthlyAt the time any such report is filed with the Securities and Exchange Commission (and which delivery may be electronic with confirmation of receipt), a copy of AHMIC's annual 10-K report, proxy statements, quarterly 10-Q reports and any 8-K report as so filed; (2) Daily, a Borrowing Base Report with respect to the Warehouse Borrowing Base; (3) On each day on which a Servicing Rights Loan is requested, and within two days after the Borrowers' receipt of an Appraisal of the Eligible Servicing Portfolio, a Borrowing Base Certificate with respect to the Servicing Rights Borrowing Base; (4) Daily by 10:00 a.m. (Dallas time), so long as any Working Capital Loan is outstanding, and, otherwise, within thirty (30) ten days after the last day of each calendar month unless otherwise requested in writingmonth, reports a Borrowing Base Certificate with respect to the Working Capital Borrowing Base that, among other things, specifically lists each Securitization Receivable and the owner of the Mortgage-Backed Security under which the Securitization Receivable arises; (5) Within 45 days after the last day of each month, a servicing report, in form and content substance reasonably satisfactory to the Administrative Agent, with respect to Mortgage Loans serviced by any of the Borrowers under Servicing Contracts or subserviced by any of the Borrowers under Sub-Servicing Contracts, including with respect to Mortgage Loans that are part of the Warehouse Borrowing Base as of such last day; (6) Within 45 days after the last day of each month (or, more frequently as Administrative Agent containing may otherwise reasonably request), an Appraisal of the following information: Eligible Servicing Portfolio as of such last day; (A7) Within 15 days after the last day of each fiscal quarter (or, more frequently as Administrative Agent may otherwise reasonably request), a Loan Purchase/Sale Schedule for loan production report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to Mortgage Loans originated and closed or purchased by any of the Borrowers during such month; ; (B8) Within 15 days after the last day of each fiscal quarter (or, more frequently as Administrative Agent may otherwise reasonably request), a commitment summary and pipeline report, in form and substance reasonably satisfactory to the Administrative Agent, as of such last day; (9) Promptly after the receipt thereof, true and correct copies of all audits and reports prepared by or on behalf of FNMA, FHLMC, GNMA, FHA, VA or HUD relating to the operations or lending or servicing practices of any of the Borrowers or relating to any licenses or approvals issued to any of the Borrowers by FNMA, FHLMC, GNMA, FHA, VA or HUD; (10) Promptly after entering into any Servicing Contract after the Effective Date that will be valued in determining the Collateral Value of the Servicing Rights Borrowing Second Amended and Restated Credit Agreement Base, a Delinquency Report consent from the investor party to such Servicing Contract consenting to the Lien in favor of the Administrative Agent for the benefit of Lenders in the rights of the applicable Borrower under such Servicing Contract; (11) Within 15 days after the last day of each fiscal quarter (or, more frequently as Administrative Agent may otherwise reasonably request), an REO Property sales report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to REO Property sold during such month; ; (C12) Within 45 days after the Borrowing Base Schedule for last day of each month, a delinquency and foreclosure report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to the status of Mortgage Loans serviced or subserviced by any of the Borrowers that are delinquent more than 30 days or in the process of foreclosure, including such Mortgage Loans that are part of the Eligible Servicing Portfolio; (13) Within 15 days after the last day of each fiscal quarter (or, more frequently as Administrative Agent may otherwise reasonably request), a Hedging Arrangement report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to the Hedging Arrangements of the Borrowers in effect as of such last day; (14) Within 15 days after the last day of each fiscal quarter (or, more frequently as Administrative Agent may otherwise reasonably request), a Mortgage Loan repurchase report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to Mortgage Loans repurchased during such month by any of the Borrowers from an investor or out of a pool supporting a Mortgage-Backed Security pursuant to a Servicing Contract or otherwise; (15) Within 45 days after the last day of each month; , a Servicing Receivable report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to advances made by any of the Borrowers during such month that gave rise to Servicing Receivables; (D16) Within 15 days after the last day of each month, a Permitted Other Debt and Permitted Other Secured Debt report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to Permitted Other Debt and Permitted Other Secured Debt outstanding on such last day of such immediately preceding month; (17) At any time as Administrative Agent may request in its reasonable, sole discretion, an "agreed-upon procedures report," in form and substance reasonably satisfactory to the Administrative Agent, with respect to the operations of Borrowers, the operations of Collateral Agent (with 48 hours prior notice to the Collateral Agent) with respect to each its services provided pursuant to the Security Agreement, and to advances made by any of the Tranche A Facility Borrowers that give rise to Servicing Receivables, prepared by an independent consultant reasonably acceptable to the Administrative Agent in accordance with procedures, guidelines and standards mutually agreeable to the Borrowers and the Tranche B Facility, a Position Report for such monthAdministrative Agent; and (E) with respect to the Tranche A Facility, an investor commitment summary relating to the status of the Take-out Commitments and Hedging Arrangements;and (218) Promptly, such additional financial and other information, including, without limitation, financial statements of any of the Companies or any Approved Investor or Approved Repo Lender, Loan Parties and information regarding the Collateral as the Administrative Agent, the Collateral Agent or any Lender, through the Administrative Agent, may from time to time reasonably request; (3) To , including, without limitation, such information as is necessary for any Lender to Second Amended and Restated Credit Agreement participate out any of its interests in Loans hereunder or to enable an Eligible Assignee to become a party hereto and information relating to the Administrative Agent upon request therefor after the occurrence and during the continuance of an Event of Default, the Additional Required Documents in connection with any Mortgage Loan or Warehousing Loan which has been funded with the proceeds of any Loan; (4) To the Administrative Agent (to be forwarded by the Administrative Agent to each risk management policies of the Lenders) a copy of any 8-K statement or S-3 registration statement filed by the Companies with the Securities and Exchange Commission as promptly as possible after such filing; and (5) To the Administrative Agent upon request for a Tranche A Loan made with respect to any Warehousing Loan, (A) a copy of the warehousing loan agreement between the Companies and the applicable sub-borrower relating to such Warehousing Loan and, (B) upon request of the Majority Lenders, (i) a copy, certified by an Authorized Officer of the Companies, of all UCC-1 financing statements listing the applicable sub-borrower as debtor and the Companies as secured party, signed by the sub-borrower and covering any collateral being pledged under the applicable warehousing loan agreement, and (ii) UCC-3 Financing Statements listing the Companies as assignor and the Administrative Agent as assignee and assigning the right, title and interest of the Companies in the personal property which has been pledged by the applicable sub-borrower to the Companies as security for such Warehousing LoanParties.

Appears in 1 contract

Samples: Credit Agreement (American Home Mortgage Investment Corp)

Certificates; Reports; Other Information. Furnish or cause to be ---------------------------------------- furnished (either electronically with receipt confirmation or otherwise) to the Administrative Agent (and the Collateral Agent:Administrative Agent shall deliver or make available to each Lender): (1) No less frequently than monthlyAt the time any such report is filed with the Securities and Exchange Commission (and which delivery may be electronic with confirmation of receipt), a copy of AHMIC's annual 10-K report, proxy statements, quarterly 10-Q reports and any 8-K report as so filed; (2) Daily, a Borrowing Base Report with respect to the Warehouse Borrowing Base; (3) On each day on which a Servicing Rights Loan is requested, and within two days after the Borrowers' receipt of an Appraisal of the Eligible Servicing Portfolio, a Borrowing Base Certificate with respect to the Servicing Rights Borrowing Base; (4) Daily by 10:00 a.m. (Dallas time), so long as any Working Capital Loan is outstanding, and, otherwise, within thirty (30) ten days after the last day of each calendar month unless otherwise requested in writingmonth, reports a Borrowing Base Certificate with respect to the Working Capital Borrowing Base that, among other things, specifically lists each Securitization Receivable and the owner of the Mortgage-Backed Security under which the Securitization Receivable arises; (5) Within 45 days after the last day of each month, a servicing report, in form and content substance reasonably satisfactory to the Administrative Agent containing the following information: (A) a Loan Purchase/Sale Schedule for such month; (B) a Delinquency Report for such month; (C) the Borrowing Base Schedule for such month; (D) Agent, with respect to each Mortgage Loans serviced by any of the Tranche A Facility and Borrowers under Servicing Contracts or subserviced by any of the Tranche B FacilityBorrowers under Sub-Servicing Contracts, including with respect to Mortgage Loans that are part of the Warehouse Borrowing Base as of such last day; (6) Within 30 days after the last day of each month, an Appraisal of the Eligible Servicing Portfolio as of such last day; (7) Within 15 days after the last day of each month, a Position Report for loan production report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to Mortgage Loans originated and closed or purchased by any of the Borrowers during such month; ; (8) Within 15 days after the last day of each month, a commitment summary and pipeline report, in form and substance reasonably satisfactory to the Administrative Agent, as of such last day; (E9) Promptly after the receipt thereof, true and correct copies of all audits and reports prepared by or on behalf of FNMA, FHLMC, GNMA, FHA, VA or HUD relating to the operations or lending or servicing practices of any of the Borrowers or relating to any licenses or approvals issued to any of the Borrowers by FNMA, FHLMC, GNMA, FHA, VA or HUD; (10) Promptly after entering into any Servicing Contract after the Effective Date that will be valued in determining the Collateral Value of the Servicing Rights Borrowing Base, a consent from the investor party to such Servicing Contract consenting to the Lien in favor of the Administrative Agent in the rights of the applicable Borrower under such Servicing Contract; (11) Within 15 days after the last day of each month, an REO Property sales report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to REO Property sold during such month; (12) Within 15 days after the last day of each month, a delinquency and foreclosure report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to the Tranche A Facility, an investor commitment summary relating to the status of Mortgage Loans serviced or subserviced by any of the Take-out Commitments and Hedging ArrangementsBorrowers that are delinquent more than 30 days or in the process of foreclosure, including such Mortgage Loans that are part of the Eligible Servicing Portfolio; (213) Within 15 days after the last day of each month, a Hedging Arrangement report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to the Hedging Arrangements of the Borrowers in effect as of such last day; (14) Within 15 days after the last day of each month, a Mortgage Loan repurchase report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to Mortgage Loans repurchased during such month by any of the Borrowers from an investor or out of a pool supporting a Mortgage-Backed Security pursuant to a Servicing Contract or otherwise; (15) Within 40 days after the last day of each month, a Servicing Receivable report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to advances made by any of the Borrowers during such month that gave rise to Servicing Receivables; (16) Within 15 days after the last day of each month, a Permitted Other Debt and Permitted Other Secured Debt report, in form and substance reasonably satisfactory to the Administrative Agent, with respect to Permitted Other Debt and Permitted Other Secured Debt outstanding on such last day of such immediately preceding month; (17) Within 30 days after the last day of each March and September, an "agreed-upon procedures report," in form and substance reasonably satisfactory to the Administrative Agent, with respect to advances made by any of the Borrowers that give rise to Servicing Receivables, prepared by a nationally recognized firm of independent public accountants reasonably acceptable to the Administrative Agent in accordance with procedures, guidelines and standards mutually agreeable to the Borrowers and the Administrative Agent; and (18) Promptly, such additional financial and other information, including, without limitation, financial statements of any of the Companies or any Approved Investor or Approved Repo Lender, Loan Parties and information regarding the Collateral as the Administrative Agent, the Collateral Agent or any Lender, through the Administrative Agent, may from time to time reasonably request; (3) To , including, without limitation, such information as is necessary for any Lender to participate out any of its interests in Loans hereunder or to enable an Eligible Assignee to become a party hereto and information relating to the Administrative Agent upon request therefor after the occurrence and during the continuance of an Event of Default, the Additional Required Documents in connection with any Mortgage Loan or Warehousing Loan which has been funded with the proceeds of any Loan; (4) To the Administrative Agent (to be forwarded by the Administrative Agent to each risk management policies of the Lenders) a copy of any 8-K statement or S-3 registration statement filed by the Companies with the Securities and Exchange Commission as promptly as possible after such filing; and (5) To the Administrative Agent upon request for a Tranche A Loan made with respect to any Warehousing Loan, (A) a copy of the warehousing loan agreement between the Companies and the applicable sub-borrower relating to such Warehousing Loan and, (B) upon request of the Majority Lenders, (i) a copy, certified by an Authorized Officer of the Companies, of all UCC-1 financing statements listing the applicable sub-borrower as debtor and the Companies as secured party, signed by the sub-borrower and covering any collateral being pledged under the applicable warehousing loan agreement, and (ii) UCC-3 Financing Statements listing the Companies as assignor and the Administrative Agent as assignee and assigning the right, title and interest of the Companies in the personal property which has been pledged by the applicable sub-borrower to the Companies as security for such Warehousing LoanParties.

Appears in 1 contract

Samples: Credit Agreement (American Home Mortgage Investment Corp)

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