Common use of Information to be Provided by the Trustee Clause in Contracts

Information to be Provided by the Trustee. For so long as the Trust is subject to the reporting requirements of the Exchange Act (in addition to any requirements contained in Section 11.10) in connection with the succession to the Trustee as Trustee or co-trustee under this Agreement by any Person (i) into which the Trustee may be merged or consolidated, (ii) which may be appointed as a co-trustee or separate Trustee pursuant to Section 8.08, or (iii) that is appointed as a successor Trustee pursuant Section 8.10, the Trustee (with respect to the foregoing clauses (i) and (ii)) or the successor Trustee (with respect to the foregoing clause (iii)) shall provide to the Depositor and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, at least 5 calendar days prior to the effective date of such succession or appointment as long as such disclosure prior to such effective date would not be violative of any applicable law or confidentiality agreement, otherwise immediately following such effective date, but in no event later than the time required pursuant to Section 11.10, (x) written notice to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, all information reasonably requested by the Depositor, so that it may comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any Class of Certificates.

Information to be Provided by the Trustee. For so long as the Trust is subject to the reporting requirements of the Exchange Act (in addition to any requirements contained in Section 11.10) in connection with the succession to the Trustee as Trustee or co-trustee under this Agreement by any Person (i) into which the Trustee may be merged or consolidated, (ii) which may be appointed as a co-trustee or separate Trustee pursuant to Section 8.08, or (iii) that is appointed as a successor Trustee pursuant Section 8.10, the Trustee (with respect to the foregoing clauses (i) and (ii)) or the successor Trustee (with respect to the foregoing clause (iii)) shall provide to the Depositor and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion LoanDepositor, at least 5 calendar days prior to the effective date of such succession or appointment as long as such disclosure prior to such effective date would not be violative of any applicable law or confidentiality agreement, otherwise immediately following such effective date, but in no event later than the time required pursuant to Section 11.10, (x) written notice to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion LoanDepositor, of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion LoanDepositor, all information reasonably requested by the Depositor or Other Depositor, so that it may comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any Class of CertificatesCertificates or Serviced Pari Passu Companion Loan Securities.

Information to be Provided by the Trustee. For so long as the Trust is subject to the reporting requirements of the Exchange Act (in addition to any requirements contained in Section 11.10) in connection with the succession to the Trustee as Trustee or co-trustee under this Agreement by any Person (i) into which the Trustee may be merged or consolidated, (ii) which may be appointed as a co-trustee or separate Trustee pursuant to Section 8.08, or (iii) that is appointed as a successor Trustee pursuant Section 8.10, the Trustee (with respect to the foregoing clauses (i) and (ii)) or the successor Trustee (with respect to the foregoing clause (iii)) shall provide to the Depositor and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion LoanDepositor, at least 5 calendar days prior to the effective date of such succession or appointment as long as such disclosure prior to such effective date would not be violative of any applicable law or confidentiality agreement, otherwise immediately following such effective date, but in no event later than the time required pursuant to Section 11.10, (x) written notice to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion LoanDepositor, of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion LoanDepositor, all information reasonably requested by the Depositor or Other Depositor, so that it may comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any Class of CertificatesCertificates or Serviced Companion Loan Securities.

Information to be Provided by the Trustee. For so long as (a) The Trustee shall (i) on or before the Trust is subject fifth Business Day of each month, provide to the reporting requirements Master Servicer and Discover Bank on behalf of the Exchange Act Holder of the Seller Certificate, in writing, such information regarding the Trustee as is requested for the purpose of compliance with Item 1117 of Regulation AB, including but not limited to a letter addressed to Discover Bank in substantially the form (with appropriate insertions) of Exhibit K hereto, and (ii) as promptly as practicable following notice to or discovery by the Trustee of any changes to such information, provide to the Master Servicer and Discover Bank on behalf of the Holder of the Seller Certificate, in addition to any requirements contained in Section 11.10writing, such updated information. (b) The Trustee shall (i) in connection with any Securitization Transaction which requires a prospectus, prospectus supplement, offering memorandum or related documents, provide to the succession Master Servicer and Discover Bank on behalf of the Holder of the Seller Certificate such information regarding the Trustee as is requested and within the timeframe as is reasonably requested for the purpose of compliance with Items 1103(a)(1), 1109(a), 1109(b), 1118 and 1119 of Regulation AB, and (ii) as promptly as practicable following notice to or discovery by the Trustee of any material changes to such previously provided information or to the business operations of the Trustee, provide to the Master Servicer and Discover Bank on behalf of the Holder of the Seller Certificate, in writing, such updated information, and such other information as may be reasonably requested for purposes of satisfying Exchange Act reporting obligations of the Trust. Such information to be provided under clause (i) of this paragraph shall include, at a minimum: (i) the Trustee’s name and form of organization; (ii) a description of the extent to which the Trustee has had prior experience serving as a trustee for asset-backed securities transactions involving credit card receivables; (iii) a description of any affiliation between the Trustee and any of the following parties to such Securitization Transaction, as such parties are identified to the Trustee as Trustee by the Sellers in writing in advance of such Securitization Transaction: (A) the sponsor; (B) any depositor; (C) the issuing entity; (D) any servicer; (E) any trustee; (F) any originator; (G) any significant obligor; (H) any enhancement or cosupport provider; and (I) any other material transaction party. In connection with the above-trustee under this Agreement by listed parties, a description of whether there is, and if so the general character of, any Person (i) into which the Trustee may be merged business relationship, agreement, arrangement, transaction or consolidated, (ii) which may be appointed as a co-trustee or separate Trustee pursuant to Section 8.08, or (iii) understanding that is appointed as a successor Trustee pursuant Section 8.10entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from such Securitization Transaction, the Trustee (with respect to Agreement and any Series Supplement that currently exists or that existed during the foregoing clauses (i) and (ii)) or the successor Trustee (with respect to the foregoing clause (iii)) shall provide to the Depositor and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, at least 5 calendar days prior to the effective date of such succession or appointment as long as such disclosure prior to such effective date would not be violative of any applicable law or confidentiality agreement, otherwise immediately following such effective date, but in no event later than the time required pursuant to Section 11.10, (x) written notice to the Depositor and Certificate Administratorpast two years, and that is material to an investor’s understanding of the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, all information reasonably requested by the Depositor, so that it may comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any Class of Investor Certificates.

Information to be Provided by the Trustee. For so long as the Trust is subject to the reporting requirements of the Exchange Act Act, (in addition to any requirements contained in Section 11.1011.09) in connection with the succession to the Trustee as Trustee or co-trustee under this Agreement by any Person (i) into which the Trustee may be merged or consolidated, (ii) which may be appointed as a co-trustee or separate Trustee pursuant to Section 8.088.10, or (iii) that is appointed as a successor Trustee pursuant Section 8.108.08, the Trustee (with respect to the foregoing clauses (i) and (ii)) or the successor Trustee (with respect to the foregoing clause (iii)) shall provide to the Depositor and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, at least 5 calendar days prior to the effective date of such succession or appointment as long as such disclosure prior to such effective date would not be violative of any applicable law or confidentiality agreement, otherwise immediately following such effective date, but in no event later than the time required pursuant to Section 11.1011.09, (x) written notice to the Depositor and Certificate Administrator, the Depositor, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor and Certificate Administrator, the Depositor, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, all information reasonably requested by the Depositor, or such Other Depositor, so that it may comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any Class of Certificates.

Information to be Provided by the Trustee. For so long as the Trust is subject to the reporting requirements of the Exchange Act (in addition to any requirements contained in Section 11.10) in connection with the succession to the Trustee as Trustee or co-trustee under this Agreement by any Person (i) into which the Trustee may be merged or consolidated, (ii) which may be appointed as a co-trustee or separate Trustee pursuant to Section 8.08, or (iii) that is appointed as a successor Trustee pursuant Section 8.10, the Trustee (with respect to the foregoing clauses (i) and (ii)) or the successor Trustee (with respect to the foregoing clause (iii)) shall provide to the Depositor and to the Other Depositor related to any Other Securitization that includes a the Serviced Pari Passu Companion Loan, at least 5 calendar days prior to the effective date of such succession or appointment as long as such disclosure prior to such effective date would not be violative of any applicable law or confidentiality agreement, otherwise immediately following such effective date, but in no event later than the time required pursuant to Section 11.10, (x) written notice to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, all information reasonably requested by the Depositor, so that it may comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any Class of Certificates.

Information to be Provided by the Trustee. For so long (a) The Trustee shall (i) on or before the fifth Business Day of each month, provide to the Master Servicer and Discover Funding as the Trust Holder of the Transferor Certificate, in writing, such information regarding the Trustee as is subject requested for the purpose of compliance with Item 1117 of Regulation AB, including but not limited to a letter addressed to Discover Bank and the Transferor in substantially the form (with appropriate insertions) of Exhibit K hereto, and (ii) as promptly as practicable following notice to or discovery by the Trustee of any changes to such information, provide to the reporting requirements Master Servicer and Discover Funding as the Holder of the Exchange Act Transferor Certificate, in writing, such updated information. (in addition to any requirements contained in Section 11.10b) The Trustee shall (i) in connection with any Securitization Transaction which requires a prospectus, prospectus supplement, offering memorandum or related documents, provide to the succession Master Servicer and Discover Funding as the Holder of the Transferor Certificate such information regarding the Trustee as is requested and within the timeframe as is reasonably requested for the purpose of compliance with Items 1103(a)(1), 1109(a), 1109(b), 1118 and 1119 of Regulation AB, and (ii) as promptly as practicable following notice to or discovery by the Trustee of any material changes to such previously provided information or to the business operations of the Trustee, provide to the Master Servicer and Discover Funding as the Holder of the Transferor Certificate, in writing, such updated information, and such other information as may be reasonably requested for purposes of satisfying Exchange Act reporting obligations of the Trust. Such information to be provided under clause (i) of this paragraph shall include, at a minimum: (i) the Trustee’s name and form of organization; (ii) a description of the extent to which the Trustee has had prior experience serving as a trustee for asset-backed securities transactions involving credit card receivables; (iii) a description of any affiliation between the Trustee and any of the following parties to such Securitization Transaction, as such parties are identified to the Trustee as Trustee by the Transferor in writing in advance of such Securitization Transaction: (A) the sponsor; (B) any depositor; (C) the issuing entity; (D) any servicer; (E) any trustee; (F) any originator; (G) any significant obligor; (H) any enhancement or cosupport provider; and (I) any other material transaction party. In connection with the above-trustee under this Agreement by listed parties, a description of whether there is, and if so the general character of, any Person (i) into which the Trustee may be merged business relationship, agreement, arrangement, transaction or consolidated, (ii) which may be appointed as a co-trustee or separate Trustee pursuant to Section 8.08, or (iii) understanding that is appointed as a successor Trustee pursuant Section 8.10entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from such Securitization Transaction, the Trustee (with respect to Agreement and any Series Supplement that currently exists or that existed during the foregoing clauses (i) and (ii)) or the successor Trustee (with respect to the foregoing clause (iii)) shall provide to the Depositor and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, at least 5 calendar days prior to the effective date of such succession or appointment as long as such disclosure prior to such effective date would not be violative of any applicable law or confidentiality agreement, otherwise immediately following such effective date, but in no event later than the time required pursuant to Section 11.10, (x) written notice to the Depositor and Certificate Administratorpast two years, and that is material to an investor’s understanding of the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor and Certificate Administrator, and to the Other Depositor related to any Other Securitization that includes a Serviced Pari Passu Companion Loan, all information reasonably requested by the Depositor, so that it may comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any Class of Investor Certificates.

Information to be Provided by the Trustee. For so long as the Trust is subject to the reporting requirements of the Exchange Act (in addition to any requirements contained in Section 11.10) 11.06), in connection with the succession to the Trustee as Trustee or co-trustee Trustee under this Agreement by any Person (i) into which the Trustee may be merged or consolidated, (ii) which may be appointed as a co-trustee Trustee or separate Trustee pursuant to Section 8.088.10, or (iii) that is appointed as a successor Trustee pursuant to Section 8.108.08, the Trustee (with respect to the foregoing clauses (i) and (ii)) or the successor Trustee (with respect to the foregoing clause (iii)) shall provide to the Depositor Depositor, and to the Other Depositor depositor related to any Other Securitization that includes a other securitization trust relating to any securitized Serviced Pari Passu Companion Loan, at least 5 calendar days prior to the effective date of such succession or appointment appointment, as long as such disclosure prior to such effective date would not be violative of any applicable law or confidentiality agreement, otherwise immediately following such effective date, but in no event later than the time required pursuant to Section 11.1011.09, (x) written notice to the Depositor Trustee and Certificate Administratorthe Depositor, and to the Other Depositor depositor related to any Other Securitization that includes a other securitization trust relating to any securitized Serviced Pari Passu Companion Loan, of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor and Certificate AdministratorDepositor, and to the Other Depositor depositor related to any Other Securitization that includes a other securitization trust relating to any securitized Serviced Pari Passu Companion Loan, all information reasonably requested by the Depositor, or such other depositor, so that it may comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any Class of Certificates.