Company’s Duty To Advise Participant; Delivery of Certain Notices. In addition to such other reports and access to records and reports as are required to be provided to Participant hereunder, the Company shall cause to be delivered to Participant such information relating to the Loans and Collateral as Participant may reasonably request from time to time and, in any case, shall ensure that Participant is promptly advised, in writing, of any matter of which the Company or the Servicer becomes aware relating to the Loans, any of the Collateral, the Collection Account, any Liquidity Reserve Account, any Litigation Reserve Account, or any Borrower or Guarantor that materially and adversely affects the interests of Participant hereunder. Without limiting the generality of the foregoing, the Company shall cause to be delivered to Participant information indicating any possible Environmental Hazards with respect to any Collateral. To the extent Participant requests information which is dependent upon obtaining such information from a Borrower, Guarantor or other third party, the Company shall cause to be made commercially reasonable efforts to obtain such information but it shall not be a breach by the Company of this Agreement if the Company fails to cause such information to be provided to Participant because a Borrower, Guarantor or other Person has failed to provide such information after such efforts have been made.
Appears in 2 contracts
Samples: Participation and Servicing Agreement, Participation and Servicing Agreement
Company’s Duty To Advise Participant; Delivery of Certain Notices. In addition to such other reports and access to records and reports as are required to be provided to Participant hereunder, the Company shall cause to be delivered to Participant such information relating to the Loans Loans, the Collateral, the Company, the Servicers and Collateral any Subservicers as Participant may reasonably request from time to time and, in any case, shall ensure that Participant is promptly advised, in writing, of any matter of which the Company Company, any Servicer or the Servicer any Subservicer becomes aware relating to the Loans, any of the Collateral, the Collection Account, the LIP Account, any Liquidity Reserve Account, any Litigation Reserve Account, or any Borrower or Guarantor that materially and adversely affects the interests of Participant hereunder. Without limiting the generality of the foregoing, the Company shall cause to be delivered to Participant information indicating any possible Environmental Hazards with respect to any Collateral. To the extent Participant requests information which is dependent upon obtaining such information from a Borrower, Guarantor or other third party, the Company shall cause to be made commercially reasonable efforts to obtain such information but it shall not be a breach by the Company of this Agreement if the Company fails to cause such information to be provided to Participant because a Borrower, Guarantor or other Person has failed to provide such information after such efforts have been made.
Appears in 2 contracts
Samples: Participation and Servicing Agreement, Participation and Servicing Agreement
Company’s Duty To Advise Participant; Delivery of Certain Notices. In addition to such other reports and access to records and reports as are required to be provided to the Participant hereunder, the Company shall cause to be delivered to the Participant such information relating to the Loans Loans, the Collateral, the Acquired Collateral, the Company, the Servicer and Collateral any Subservicers as the Participant may reasonably request from time to time and, in any case, shall ensure that the Participant is promptly advised, in writing, of any matter of which the Company or Company, the Servicer or any Subservicer becomes aware relating to the Loans, any of the Collateral, the Acquired Collateral, the LIP Account, the Collection Account, any the Liquidity Reserve Account, any the Litigation Reserve Account, Account or any Borrower or Guarantor that the Company reasonably believes materially and adversely affects the interests of the Participant hereunder. Without limiting the generality of the foregoing, the Company shall cause to be delivered to the Participant information indicating any possible Environmental Hazards Hazard with respect to any Collateral or Acquired Collateral. To the extent the Participant requests information which is dependent upon obtaining such information from a Borrower, Guarantor or other third partyPerson, the Company shall cause to be made commercially reasonable efforts to obtain such information but it shall not be a breach by the Company of this Agreement if the Company fails to cause such information to be provided to the Participant because a Borrower, Guarantor or other Person has failed to provide such information after such efforts have been made.
Appears in 2 contracts
Samples: Participation and Servicing Agreement, Participation and Servicing Agreement