Common use of Item 1119 of Regulation AB Clause in Contracts

Item 1119 of Regulation AB. Affiliations and Relationships Whether (a) the Sponsor, Depositor or Depositor as to the parties in (a) Issuing Entity is an affiliate of the following parties, and (b) to the extent known and material, any of the following parties are affiliated with one another: o Trustee Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Whether there are any "outside the ordinary Depositor course business arrangements" other than would be obtained in an arm's length transaction between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material to a Certificateholder's understanding of the Certificates: o Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer o Any Responsible Party Responsible Parties o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Whether there are any specific relationships Depositor involving the transaction or the pool assets between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material: o Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer o Any Responsible Party Responsible Parties o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party EXHIBIT V FORM 8-K DISCLOSURE INFORMATION Item on Form 10-K Party Responsible -------------------------------------------- --------------------------------

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5)

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Item 1119 of Regulation AB. Affiliations and Relationships Whether (a) the Sponsor, Depositor or Issuing Entity is an Depositor as to the parties in (a) Issuing Entity is an affiliate of the following parties, and (b) to the extent known and material, any of the following parties are affiliated with one another: o Securities Administrator Securities Administrator o Trustee Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Item 1115 of Regulation AB Derivate Counterparty Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any "outside the ordinary Depositor course business Depositor arrangements" other than would be obtained in an arm's length transaction between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material to a Certificateholder's understanding of the Certificates: o Trustee Securities Administrator Securities Administrator o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Responsible Party Responsible Parties o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Counterparty Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any specific relationships Depositor involving the Depositor transaction or the pool assets between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material: o Trustee Securities Administrator Securities Administrator o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Responsible Party Responsible Parties o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Counterparty Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor EXHIBIT V U FORM 8-K DISCLOSURE INFORMATION Item on Form 108-K Party Responsible -------------------------------------------- ------------------------------------------------------------------------------------------------- ----------------------------------------------

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2)

Item 1119 of Regulation AB. Affiliations and Relationships Whether (a) the Sponsor, Depositor or Issuing Entity Depositor as to the parties in (a) Issuing Entity is an affiliate of the following parties, and (b) to the extent known and material, any of the following parties are affiliated with one another: o Trustee Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Provider Depositor o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any "outside the ordinary course Depositor course business arrangements" other than would be obtained in an arm's length transaction between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material to a Certificateholder's understanding of the Certificates: o Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Responsible Party Responsible Parties o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Provider Depositor o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any specific relationships Depositor involving the transaction or the pool assets between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material: o Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Responsible Party Responsible Parties o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Provider Depositor o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor ----------------------------------------------------------------------------------------------- EXHIBIT V FORM Form 8-K DISCLOSURE INFORMATION Disclosure Information Item on Form 108-K Party Responsible -------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------- Item 1.01 - Entry into a Material Definitive The party to this Agreement entering Agreement into such material definitive agreement. Disclosure is required regarding entry into or amendment of any definitive agreement that is material to the securitization, even if depositor is not a party. Examples: servicing agreement, custodial agreement. Note: disclosure not required as to definitive agreements that are fully disclosed in the prospectus Item 1.02 - Termination of a Material Definitive The party to this Agreement requesting Agreement termination of a material definitive agreement. Disclosure is required regarding termination of any definitive agreement that is material to the securitization (other than expiration in accordance with its terms), even if depositor is not a party. Examples: servicing agreement, custodial agreement. Item 1.03 - Bankruptcy or Receivership Disclosure is required regarding the bankruptcy or receivership, with respect to any of the following: o Issuing Entity (Trust Fund) Trustee/Servicers Depositor o Sponsor Depositor o Depositor Servicers o Affiliated Servicer Servicers o Other Servicer servicing 20% or more of the pool assets at the time of the report Servicers o Other material servicers Trustee o Trustee Depositor o Derivative Counterparty Custodian o Custodian Depositor o Any other party contemplated by Item 1100(d)(1) of Regulation AB Depositor Item 2.04 - Triggering Events that Accelerate or Trustee Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement Includes an early amortization, performance trigger or other event, including event of default, that would materially alter the payment priority/distribution of cash flows/amortization schedule Disclosure will be made of events other than waterfall triggers which are disclosed in the monthly statements to the certificateholders. Item 3.03 - Material Modification to Rights of The party requesting such modification Security Holders Disclosure is required of any material modification to documents defining the rights of Certificateholders, including the Pooling and Servicing Agreement. Item 5.03 - Amendments of Articles of Incorporation Depositor or Bylaws; Change of Fiscal Year Disclosure is required of any amendment "to the governing documents of the issuing entity." Item 6.01 - ABS Informational and Computational Depositor Material Item 6.02 - Change of Servicer or Trustee Servicers/Trustee Requires disclosure of any removal, replacement, substitution or addition of any master servicer, affiliated servicer, other servicer servicing 10% or more of pool assets at time of report, other material servicers or trustee. Reg AB disclosure about any new servicer or master successor Servicers servicer is also required. Reg AB disclosure about any new Trustee is also successor Trustee required. Depositor/Trustee Item 6.03 - Change in Credit Enhancement or External Support Covers termination of any enhancement in manner other than by its terms, the addition of an enhancement, or a material change in the enhancement provided. Applies to external credit enhancements as well as derivatives. Reg AB disclosure about any new enhancement provider Depositor is also required. Item 6.04 - Failure to Make a Required Distribution Trustee Item 6.05 - Securities Act Updating Disclosure Depositor If any material pool characteristic differs by 5% or more at the time of issuance of the securities from the description in the final prospectus, provide updated Reg AB disclosure about the actual asset pool. If there are any new servicers or originators Depositor required to be disclosed under Regulation AB as a result of the foregoing, provide the information called for in Items 1108 and 1110 of Regulation AB respectively.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He4)

Item 1119 of Regulation AB. Affiliations and Relationships Whether (a) the Sponsor, Depositor or Depositor as to the parties in (a) Issuing Entity is an Depositor as to (a) affiliate of the following parties, and (b) to the extent Sponsor (if a party to this Agreement) as to (a) known and material, any of the following parties are affiliated with one another: o Master Servicer Master Servicer o Securities Administrator Securities Administrator o Trustee Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Depositor/Sponsor (if a party to this Agreement) Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor/Sponsor (if a party to this Agreement) Whether there are any "outside the ordinary course Depositor course as to (a) business arrangements" other than would be obtained in an Sponsor as to (a) (if a party to this Agreement) arm's length transaction between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material to a Certificateholder's understanding of the Certificates: o Master Servicer Master Servicer o Securities Administrator Securities Administrator o Trustee Depositor o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Responsible Party Responsible Parties Party o Any Item 1110 of Regulation AB Originator Depositor (other than Depositor/Sponsor (if a party to this Agreement) a Responsible Party) o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Depositor/Sponsor (if a party to this Agreement) Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material Depositor/Sponsor (if a party to this Agreement) party Whether there are any specific relationships Depositor involving the Depositor as to (a) transaction or the pool assets between (a) the Sponsor, Sponsor as to (a) (if a party to this Agreement) Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material: o Master Servicer Master Servicer o Securities Administrator Securities Administrator o Trustee Depositor o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicer o Any Responsible Party Responsible Parties Party o Any Item 1110 of Regulation AB Originator Depositor (other than Depositor/Sponsor (if a party to this Agreement) a Responsible Party) o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Depositor/Sponsor (if a party to this Agreement) Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material Depositor/Sponsor (if a party to this Agreement) party EXHIBIT V FORM 8-K DISCLOSURE INFORMATION Item on Form 108-K Party Responsible -------------------------------------------- --------------------------------Item 1.01- Entry into a Material Definitive Agreement The party to this Agreement entering into such material definitive agreement Disclosure is required regarding entry into or amendment of any definitive agreement that is material to the securitization, even if depositor is not a party. Examples: servicing agreement, custodial agreement. Note: disclosure not required as to definitive agreements that are fully disclosed in the prospectus Item 1.02- Termination of a Material Definitive Agreement The party to this Agreement requesting termination of a material definitive agreement Disclosure is required regarding termination of any definitive agreement that is material to the securitization (other than expiration in accordance with its terms), even if depositor is not a party. Examples: servicing agreement, custodial agreement. Item 1.03- Bankruptcy or Receivership Depositor Disclosure is required regarding the bankruptcy or receivership, with respect to any of the following: o Issuing Entity Securities Administrator/Servicer o Sponsor Depositor/Sponsor (if a party to this Agreement) o Depositor Depositor

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He8)

Item 1119 of Regulation AB. Affiliations and Relationships Whether (a) the Sponsor, Depositor or Issuing Depositor as to the parties in (a) Issuing Entity is an affiliate of the following parties, and (b) to the extent known and material, any of the following parties are affiliated with one another: o Trustee Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Item 1115 of Regulation AB Derivate Counterparty Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any "outside the ordinary Depositor course business arrangements" other than would be obtained in an arm's length transaction between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material to a Certificateholder's understanding of the Certificates: o Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Responsible Party Responsible Parties o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Counterparty Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any specific relationships Depositor involving the transaction or the pool assets between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material: o Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Responsible Party Responsible Parties o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Counterparty Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor EXHIBIT V FORM Form 8-K DISCLOSURE INFORMATION Disclosure Information Item on Form 108-K Party Responsible -------------------------------------------- --------------------------------------------------------------------------------------------- ------------------------------------------------ Item 1.01 - Entry into a Material Definitive Agreement The party to this Agreement entering into such material definitive agreement. Disclosure is required regarding entry into or amendment of any definitive agreement that is material to the securitization, even if depositor is not a party. Examples: servicing agreement, custodial agreement. Note: disclosure not required as to definitive agreements that are fully disclosed in the prospectus Item 1.02 - Termination of a Material Definitive Agreement The party to this Agreement requesting termination of a material definitive agreement. Disclosure is required regarding termination of any definitive agreement that is material to the securitization (other than expiration in accordance with its terms), even if depositor is not a party. Examples: servicing agreement, custodial agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He1)

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Item 1119 of Regulation AB. Affiliations and Relationships Whether (a) the Sponsor, Depositor or Depositor as to the parties in (a) Issuing Entity is an Depositor as to affiliate of the following parties, and (b) to the extent the parties in (a) known and material, any of the following parties are affiliated with one another: o Trustee Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Provider Depositor o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any "outside the ordinary course Depositor course business arrangements" other than would be obtained in an arm's length transaction between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material to a Certificateholder's understanding of the Certificates: o Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Responsible Party Responsible Parties Party o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Provider Depositor o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any specific relationships Depositor involving the Depositor transaction or the pool assets between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material: o Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Responsible Party Responsible Parties Party o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Depositor Counterparty Provider Depositor o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor EXHIBIT V FORM U Form 8-K DISCLOSURE INFORMATION Disclosure Information Item on Form 108-K Party Responsible -------------------------------------------- ------------------------------------------------------------------------------------------- --------------------------- Item 1.01 - Entry into a Material Definitive The party to this Agreement Agreement entering into such material definitive agreement. Disclosure is required regarding entry into or amendment of any definitive agreement that is material to the securitization, even if depositor is not a party. Examples: servicing agreement, custodial agreement. Note: disclosure not required as to definitive agreements that are fully disclosed in the prospectus Item 1.02 - Termination of a Material Definitive The party to this Agreement Agreement requesting termination of a material definitive agreement. Disclosure is required regarding termination of any definitive agreement that is material to the securitization (other than expiration in accordance with its terms), even if depositor is not a party. Examples: servicing agreement, custodial agreement. Item 1.03 - Bankruptcy or Receivership Disclosure is required regarding the bankruptcy or receivership, with respect to any of the following: o Issuing Entity (Trust Fund) Trustee/Servicers o Sponsor Depositor o Depositor Depositor o Affiliated Servicer Servicers o Other Servicer servicing 20% or more of the Servicers pool assets at the time of the report o Other material servicers Servicers o Trustee Trustee o Derivative Counterparty Depositor o Custodian Custodian o Any other party contemplated by Item Depositor 1100(d)(1) of Regulation AB Item 2.04 - Triggering Events that Accelerate or Depositor Increase a Direct Financial Obligation or an Trustee Obligation under an Off-Balance Sheet Arrangement Includes an early amortization, performance trigger or other event, including event of default, that would materially alter the payment priority/distribution of cash flows/amortization schedule Disclosure will be made of events other than waterfall triggers which are disclosed in the monthly statements to the certificateholders. Item 3.03 - Material Modification to Rights of The party requesting such Security Holders modification Disclosure is required of any material modification to documents defining the rights of Certificateholders, including the Pooling and Servicing Agreement. Item 5.03 - Amendments of Articles of Depositor Incorporation or Bylaws; Change of Fiscal Year Disclosure is required of any amendment "to the governing documents of the issuing entity." Item 6.01 - ABS Informational and Computational Depositor Material Item 6.02 - Change of Servicer or Trustee Servicers/Trustee Requires disclosure of any removal, replacement, substitution or addition of any master servicer, affiliated servicer, other servicer servicing 10% or more of pool assets at time of report, other material servicers or trustee. Reg AB disclosure about any new servicer or successor Servicers master servicer is also required. Reg AB disclosure about any new Trustee is also successor Trustee required. Item 6.03 - Change in Credit Enhancement or Depositor/Trustee External Support Covers termination of any enhancement in manner other than by its terms, the addition of an enhancement, or a material change in the enhancement provided. Applies to external credit enhancements as well as derivatives. Reg AB disclosure about any new enhancement Depositor provider is also required. Item 6.04 - Failure to Make a Required Trustee Distribution Item 6.05 - Securities Act Updating Disclosure Depositor If any material pool characteristic differs by 5% or more at the time of issuance of the securities from the description in the final prospectus, provide updated Reg AB disclosure about the actual asset pool. If there are any new servicers or originators Depositor required to be disclosed under Regulation AB as a result of the foregoing, provide the information called for in Items 1108 and 1110 of Regulation AB respectively.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3)

Item 1119 of Regulation AB. Affiliations and Relationships Whether (a) the Sponsor, Depositor or Depositor as to the parties in (a) Issuing Entity is an Depositor as to (a) affiliate of the following parties, and (b) to the extent known and material, any of the following parties are affiliated with one another: o Securities Administrator Securities Administrator o Trustee Trustee o Any other Item 1108(a)(3) of Regulation Servicers AB servicer Servicers o Any Item 1115 of Regulation AB Derivate Counterparty Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any "outside the ordinary Depositor course business Depositor arrangements" other than would be obtained in an arm's length transaction between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material to a Certificateholder's understanding of the Certificates: o Trustee Securities Administrator Securities Administrator o Any other Item 1108(a)(3) of Regulation Servicers AB servicer o Any Responsible Party Responsible Parties Servicers o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Counterparty Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor Whether there are any specific relationships Depositor involving the Depositor transaction or the pool assets between (a) the Sponsor, Depositor or Issuing Entity on the one hand, and (b) any of the following parties (or their affiliates) on the other hand, that exist currently or within the past two years and that are material: o Trustee Securities Administrator Securities Administrator o Any other Item 1108(a)(3) of Regulation Servicers AB servicer o Any Responsible Party Responsible Parties Servicers o Any Item 1110 of Regulation AB Originator Depositor o Any Item 1115 of Regulation AB Derivate Counterparty Depositor Counterparty Provider o Any other Item 1101(d)(1) of Regulation Depositor AB material party Depositor EXHIBIT V U FORM 8-K DISCLOSURE INFORMATION Item on Form 108-K Party Responsible -------------------------------------------- ------------------------------------------------------------------------------------------------- ----------------------------------------------

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2)

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