Covenant to Provide Additional Hedge Counterparty Information. If requested by the Depositor for the purpose of compliance with Item 1115(b) of Regulation AB with respect to any Transaction under this Agreement, Party A shall upon five days written notice either (A) (a) provide the financial data required by Item 1115(b)(1) or (b)(2) of Regulation AB (as specified by the Depositor to Party A) with respect to Party A (or any entity that guarantees Party A) and any affiliated entities providing derivative instruments to Party B (the "Company Financial Information"), in a form appropriate for use in the Prospectus Supplement and in an EDGAR-compatible form; (b) if applicable, cause its accountaxxx xo issue their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party B and (c) within 5 Business Days of the release of any updated financial data, provide current Company Financial Information as required under Item 1115(b) of Regulation AB to the Depositor in an EDGAR-compatible form and if applicable, cause its accountants to xxxxx their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party A or (B) assign this Agreement as provided below. It shall be an Additional Termination Event, with Party A the sole Affected Party, if Party A has failed to deliver any Company Financial Information when and as required under this Part 4(q) hereof, which continues unremedied for the lesser of ten calendar days after the date on which such information, report, certification or accountants' consent was required to be delivered or such period in which the applicable MORGAN STANLEY Exchange Act Report for which such informatxxx xx xxxxxxxd can be timely filed (without taking into account any extensions permitted to be filed), and Party A has not, at its own cost, within the period in which the applicable Exchange Act Report for which such information is required can be timely filed caused another entity (which meets any ratings related requirement of the applicable rating agencies at such time) to replace Party A as party to this Agreement that (i) has agreed to deliver any information, report, certification or accountants' consent when and as required under this Part 4(q) hereof, (ii) satisfies the requirements of each Rating Agency and (iv) is approved by the Depositor (which approval shall not be unreasonably withheld). As used in this Agreement the following words shall have the following meanings:
Appears in 1 contract
Samples: Swap Transaction Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)
Covenant to Provide Additional Hedge Counterparty Information. If requested by the Depositor for the purpose of compliance with Item 1115(b) of Regulation AB with respect to any Transaction under this Agreement, Party A shall upon five days written notice either (A) (a) provide the financial data required by Item 1115(b)(1) or (b)(2) of Regulation AB (as specified by the Depositor to Party A) with respect to Party A (or any entity that guarantees Party A) and any affiliated entities providing derivative instruments to Party B (the "Company Financial Information"), in a form appropriate for use in the Prospectus Supplement and in an EDGAR-compatible form; (b) if applicable, cause its accountaxxx xo issue their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party B and (c) within 5 Business Days of the release of any updated financial data, provide current Company Financial Information as required under Item 1115(b) of Regulation AB to the Depositor in an EDGAR-compatible form and if applicable, cause its accountants to xxxxx their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party A or (B) assign this Agreement as provided below. It shall be an Additional Termination Event, with Party A the sole Affected Party, if Party A has failed to deliver any Company Financial Information when and as required under this Part 4(q) hereof, which continues unremedied for the lesser of ten calendar days after the date on which such information, report, certification or accountants' consent was required to be delivered or such period in which the applicable MORGAN STANLEY Exchange Act Report for which such informatxxx xx xxxxxxxd informaxxxx xs xxxxxxed can be timely filed (without taking into account any extensions permitted to be filed), and Party A has not, at its own cost, within the period in which the applicable Exchange Act Report for which such information is required can be timely filed caused another entity (which meets any ratings related requirement of the applicable rating agencies at such time) to replace Party A as party to this Agreement that (i) has agreed to deliver any information, report, certification or accountants' consent when and as required under this Part 4(q) hereof, (ii) satisfies the requirements of each Rating Agency and (iv) is approved by the Depositor (which approval shall not be unreasonably withheld). As used in this Agreement the following words shall have the following meanings:
Appears in 1 contract
Samples: Swap Transaction Agreement (Morgan Stanley Mortgage Loan Trust 2006-2)
Covenant to Provide Additional Hedge Counterparty Information. If requested by the Depositor for the purpose of compliance with Item 1115(b) of Regulation AB with respect to any Transaction under this Agreement, Party A shall upon five days written notice either (A) (a) provide the financial data required by Item 1115(b)(1) or (b)(2) of Regulation AB (as specified by the Depositor to Party A) with respect to Party A (or any entity that guarantees Party A) and any affiliated entities providing derivative instruments to Party B (the "Company Financial Information"), in a form appropriate for use in the Prospectus Supplement and in an EDGAR-compatible form; (b) if applicable, cause its accountaxxx xo accountants to issue their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party B and (c) within 5 Business Days of the release of any updated financial data, provide current Company Financial Information as required under Item 1115(b) of Regulation AB to the Depositor in an EDGAR-compatible form and if applicable, cause its accountants to xxxxx issue their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party A or (B) assign this Agreement as provided below. It shall be an Additional Termination Event, with Party A the sole Affected Party, if Party A has failed to deliver any Company Financial Information when and as required under this Part 4(q) hereof, which continues unremedied for the lesser of ten calendar days after the date on which such information, report, certification or accountants' consent was required to be delivered or such period in which the applicable MORGAN STANLEY Exchange Act Report for which such informatxxx inxxxxxxixx xx xxxxxxxd xequired can be timely filed (without taking into account any extensions permitted to be filed), and Party A has not, at its own cost, within the period in which the applicable Exchange Act Report for which such information is required can be timely filed caused another entity (which meets any ratings related requirement of the applicable rating agencies at such time) to replace Party A as party to this Agreement that (i) has agreed to deliver any information, report, certification or accountants' consent when and as required under this Part 4(q) hereof, (ii) satisfies the requirements of each Rating Agency and (iv) is approved by the Depositor (which approval shall not be unreasonably withheld). As used in this Agreement the following words shall have the following meanings:
Appears in 1 contract
Samples: Swap Transaction Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)
Covenant to Provide Additional Hedge Counterparty Information. If requested by the Depositor for the purpose of compliance with Item 1115(b) of Regulation AB with respect to any Transaction under this Agreement, Party A shall upon five days written notice either (A) (a) provide the financial data required by Item 1115(b)(1) or (b)(2) of Regulation AB (as specified by the Depositor to Party A) with respect to Party A (or any entity that guarantees Party A) and any affiliated entities providing derivative instruments to Party B (the "Company Financial Information"), in a form appropriate for use in the Prospectus Supplement and in an EDGAR-compatible form; (b) if applicable, cause its accountaxxx xo accountanxx xx issue their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party B and (c) within 5 Business Days of the release of any updated financial data, provide current Company Financial Information as required under Item 1115(b) of Regulation AB to the Depositor in an EDGAR-compatible form and if applicable, cause its accountants to xxxxx their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party A or (B) assign this Agreement as provided below. It shall be an Additional Termination Event, with Party A the sole Affected Party, if Party A has failed to deliver any Company Financial Information when and as required under this Part 4(q) hereof, which continues unremedied for the lesser of ten calendar days after the date on which such information, report, certification or accountants' consent was required to be delivered or such period in which the applicable MORGAN STANLEY Exchange Act Report for which such informatxxx informatixx xx xxxxxxxd rxxxxxxx can be timely filed (without taking into account any extensions permitted to be filed), and Party A has not, at its own cost, within the period in which the applicable Exchange Act Report for which such information is required can be timely filed caused another entity (which meets any ratings related requirement of the applicable rating agencies at such time) to replace Party A as party to this Agreement that (i) has agreed to deliver any information, report, certification or accountants' consent when and as required under this Part 4(q) hereof, (ii) satisfies the requirements of each Rating Agency and (iv) is approved by the Depositor (which approval shall not be unreasonably withheld). As used in this Agreement the following words shall have the following meanings:
Appears in 1 contract
Samples: Swap Transaction Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)
Covenant to Provide Additional Hedge Counterparty Information. If requested by the Depositor for the purpose of compliance with Item 1115(b) of Regulation AB with respect to any Transaction under this Agreement, Party A shall upon five days written notice either (A) (a) provide the financial data required by Item 1115(b)(1) or (b)(2) of Regulation AB (as specified by the Depositor to Party A) with respect to Party A (or any entity that guarantees Party A) and any affiliated entities providing derivative instruments to Party B (the "Company Financial Information"), in a form appropriate for use in the Prospectus Supplement and in an EDGAR-compatible form; (b) if applicable, cause its accountaxxx xo issue their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party B and (c) within 5 Business Days of the release of any updated financial data, provide current Company Financial Information as required under Item 1115(b) of Regulation AB to the Depositor in an EDGAR-compatible form and if applicable, cause its accountants to xxxxx their consent to filing or incorporation by reference of such financial statements in the Exchange Act Reports of Party A or (B) assign this Agreement as provided below. It shall be an Additional Termination Event, with Party A the sole Affected Party, if Party A has failed to deliver any Company Financial Information when and as required under this Part 4(q) hereof, which continues unremedied for the lesser of ten calendar days after the date on which such information, report, certification or accountants' consent was required to be delivered or such period in which the applicable MORGAN STANLEY Exchange Act Report for which such informatxxx informatixx xx xxxxxxxd rxxxxxxx can be timely filed (without taking into account any extensions permitted to be filed), and Party A has not, at its own cost, within the period in which the applicable Exchange Act Report for which such information is required can be timely filed caused another entity (which meets any ratings related requirement of the applicable rating agencies at such time) to replace Party A as party to this Agreement that (i) has agreed to deliver any information, report, certification or accountants' consent when and as required under this Part 4(q) hereof, (ii) satisfies the requirements of each Rating Agency and (iv) is approved by the Depositor (which approval shall not be unreasonably withheld). As used in this Agreement the following words shall have the following meanings:
Appears in 1 contract
Samples: Swap Transaction Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)