Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Servicer Termination Event that has not been cured; (iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other Trustee; (iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03; (v) the final payment to any Class of Certificateholders; (vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account; (vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and (viii) any change in the lien priority of a Mortgage Loan. (b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies: (i) each of its annual statements as to compliance described in Section 10.08 of this Agreement; (ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 of this Agreement; (iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and (iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement. (c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2014-Gc21), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2014-Gc20), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2013-Gcj16)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other Trustee;
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email electronic delivery copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2017-H1), Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2014-Gc23), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2014-Gc22)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeAdministrator;
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2014-Gc19), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2014-Gc18), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2014-Gc18)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email and each Rating Agency with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee Servicer or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other Trustee;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account, the Lower-Tier Distribution Account or any the Upper-Tier Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer (or the Special Servicer Trustee with respect to item (iv) below) shall promptly furnish to an Authorized Representative of the Depositor by email each Rating Agency copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agenciesfollowing:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement10.09;
(ii) each of its annual independent public accountants’ ' servicing reports described in Section 10.09 of this Agreement10.11;
(iii) upon request, a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02;
(iv) upon request, each Distribution Date Statement described in Section 4.02; and
(ivv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement3.19.
(c) The Certificate Administrator Master Servicer shall promptly furnish to an Authorized Representative of each Rating Agency with such information as in the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (Master Servicer's possession with respect to the extent Trust Fund, any Mortgaged Property, a Mortgagor and a Mortgage Loan as such Rating Agency shall reasonably request. The Rating Agencies shall not already delivered be charged any fee or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator expense in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Daysconnection therewith.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Trust 2007-Gg10), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2006-Gg8), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2006-Gg8)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeAdministrator;
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 10.09 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 10.10 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Trust 2012-Gcj7), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2012-Gcj7)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other Trustee;
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 10.09 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 10.10 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Trust 2012-Gcj9), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2012-Gcj9)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator [or any Other Master Servicer, Other Special Servicer or Other Trustee];
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp Ii)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeAdministrator;
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer (or the Certificate Administrator with respect to item (iv) below) shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 10.09 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 10.10 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02;
(iv) each Distribution Date Statement described in Section 4.02; and
(ivv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Trust 2011-Gc5), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2011-Gc5)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeAdministrator;
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Trust 2013-Gcj12), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2013-Gcj12)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website[, the Certificate Administrator Administrator] shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeAdministrator;
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer (or the Certificate Administrator with respect to item (iv) below) shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 10.09 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 10.10 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02;
(iv) each Distribution Date Statement described in Section 4.02; and
(ivv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (RBS Commercial Funding Inc.), Pooling and Servicing Agreement (RBS Commercial Funding Inc.)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email Depositor, each Underwriter and each Rating Agency with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Event of Default or Termination Event that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeFiscal Agent;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.032.03(d) or 2.03(e);
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Collection Account or any the Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and;
(viii) each report to Certificateholders described in Section 4.02 and Section 3.22;
(ix) any change in the lien priority of a Mortgage Loan;
(x) any new lease of an anchor or a termination of an anchor lease at a retail Mortgaged Property;
(xi) [Reserved];
(xii) any material damage to a Mortgaged Property;
(xiii) any amendment, modification, consent or waiver to or of any provision of a Mortgage Loan; and
(xiv) any substitution or release of collateral hereunder.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of each Rating Agency (and to the Depositor by email Special Servicer with respect to clause (iv) below and with respect to Mortgage Loans on the Watch List, clause (iii)) copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agenciesfollowing:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement3.14;
(ii) each of its annual independent public accountants’ ' servicing reports described in Section 10.09 of this Agreement3.15;
(iii) except with respect to Fitch, a copy of each rent roll and each operating and other financial statements, rent rolls, statement and occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.023.03; however, with respect to S&P, the Servicer shall provide only the quarterly and annual statements or reports; and
(iv) upon request, each inspection report prepared in connection a copy of any notice with respect to a breach of a representation or warranty by the Mortgage Loan Seller with respect to any inspection conducted pursuant to Section 3.18 of this AgreementMortgage Loan.
(c) The Certificate Administrator Servicer shall promptly furnish to an Authorized Representative of each Rating Agency, each Underwriter and the Depositor by email with such information with respect to the Trust Fund, a Mortgaged Property, a Borrower and any Mortgage Loan as such Rating Agency, such Underwriter or the Depositor shall reasonably request and which the Servicer can reasonably obtain without undue cost. The Servicer may request reimbursement, for its reasonable copying costs with respect to such information, from the requesting party (other than the Rating Agencies). The Rating Agencies shall not be charged any fee or expense in connection therewith. The Servicer shall send copies to the Depositor of any information provided to any Rating Agency; provided, however, that the Servicer shall only provide the Depositor with copies of the items set forth mentioned in Section 8.11(b10.06(b)(iii) upon the Depositor's request therefor.
(d) Notices to each Rating Agency shall be addressed as follows: Fitch IBCA, Inc. Xxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Xxxxx'x Investors Service, Inc. 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Managing Director Commercial Mortgage-Backed Securities Standard & Poor's Rating Services, a division of The McGraw Hill Companies, Inc. 00 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance or in each case to such other address as either Rating Agency shall specify by written notice to the parties hereto. In addition, with respect to any request for Rating Agency confirmation pursuant to any of the provisions of this Agreement (to Agreement, the extent not already delivered or made available pursuant to the terms party seeking such Rating Agency confirmation shall deliver a copy of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents request to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Securitization Corp Com Mor Ps THR Cert Ser 1999-C2)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best commercially reasonable efforts to promptly provide notice to an Authorized Representative of the Depositor by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement or the Loan Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other the Trustee;
(iv) the repurchase of, any notice of a Servicer Termination Event or substitution of, Mortgage Loans Special Servicer Termination Event delivered pursuant to Section 2.037.1(b) and any notice of the termination of the Servicer or the Special Servicer and appointment of a successor to the Servicer or the Special Servicer delivered pursuant to Section 7.3(a);
(v) the Loan Seller’s repurchase of the Trust Loan pursuant to Sections 2.2 and 2.8;
(vi) the final payment to any Class of Certificateholders;
(vivii) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds any Reserve Account or any the Distribution Account;
(viiviii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and;
(viiiix) any change in the lien priority of a Mortgage the Trust Loan; and
(x) each Distribution Date Statement described in Section 4.4(a) and the CREFC® Reports.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement11.7;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 of this Agreement11.9;
(iii) a copy of each operating and other financial statements, rent rolls, statements or occupancy reports, and sales reports report to the extent such information is required to be delivered under a Mortgage Loan, in each case the Whole Loan and to the extent such information is collected by the Servicer or the Special Servicer pursuant to Section 4.02; andthis Agreement;
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.3.22; and
(cv) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available upon request, each appraisal obtained pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business DaysSection 3.7.
Appears in 1 contract
Samples: Trust and Servicing Agreement (GS Mortgage Securities Trust 2015-Gs1)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website[, the Certificate Administrator Administrator] shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeAdministrator;
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 10.09 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 10.10 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Barclays Commercial Mortgage Securities LLC)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email Depositor, each Underwriter and each Rating Agency with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeFiscal Agent;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.032.03(d) or 2.03(e);
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Collection Account or any the Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and;
(viii) each report to Certificateholders described in Section 4.02 and Section 3.22;
(ix) any change in the lien priority of a Mortgage Loan;
(x) any new lease of an anchor or a termination of an anchor lease at a retail Mortgaged Property;
(xi) any termination of licensing certification at a Mortgaged Property securing a Senior Housing/Healthcare Loan;
(xii) any material damage to a Mortgaged Property;
(xiii) any amendment, modification, consent or waiver to or of any provision of a Mortgage Loan; and
(xiv) any substitution or release of collateral hereunder.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of each Rating Agency (and to the Depositor by email Special Servicer with respect to clause (iii) and (iv) below) copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agenciesfollowing:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement3.14;
(ii) each of its annual independent public accountants’ ' servicing reports described in Section 10.09 of this Agreement3.15;
(iii) a copy of each rent roll and each operating and other financial statements, rent rolls, statement and occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.023.03; however, with respect to S&P, the Servicer shall provide only the quarterly and annual statements or reports; and
(iv) upon request, each inspection report prepared in connection a copy of any notice with respect to a breach of a representation or warranty with respect to any inspection conducted pursuant to Section 3.18 of this AgreementMortgage Loan.
(c) The Certificate Administrator Servicer shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format)each Rating Agency, each Underwriter and the Depositor with such information with respect to the Trust Fund, a Mortgaged Property, a Borrower and any Mortgage Loan as such Rating Agency, such Underwriter or the Depositor shall promptly upload reasonably request and which the Servicer can reasonably obtain without undue cost. The Servicer may request reimbursement, for its reasonable copying costs with respect to such documents information, from the requesting party (other than the Rating Agencies). The Rating Agencies shall not be charged any fee or expense in connection therewith. The Servicer shall send copies to the Depositor of any information provided to any Rating Agency.
(d) Notices to each Rating Agency shall be addressed as follows: Standard & Poor's Rating Services Division of The McGraw Hill Companies 00 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Xxxxx'x Investors Service, Inc. 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Managing Director Commercial Mortgage-Backed Securities or in each case to such other address as either Rating Agency shall specify by written notice to the parties hereto. In addition, with respect to any request for Rating Agency confirmation pursuant to any of the provisions of this Agreement, the party seeking such Rating Agency confirmation shall deliver a copy of such request to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Securitization Corp)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator Trustee receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator Trustee shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee Servicer or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other Trustee;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.03;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer (or the Special Servicer Trustee with respect to item (iv) below) shall promptly furnish to an Authorized Representative of the Depositor by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of emaile-mail) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 10.09 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 10.11 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02;
(iv) each Distribution Date Statement described in Section 4.02; and
(ivv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Ii)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator shall use its best good faith efforts to promptly provide notice to an Authorized Representative of the Depositor and 17g-5 Information Provider by email e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the Depositor 17g-5 Information Provider shall promptly upload such notice or information to the Depositor17g-5 Information Provider’s 17g-5 Website within five (5) Business Daysin accordance with the procedures set forth in Section 11.14(d), and after the Certificate Administrator receives written notification from the Depositor 17g-5 Information Provider (which may be in the form of emaile-mail) that the Depositor 17g-5 Information Provider has posted such notice or information to the Depositor17g-5 Information Provider’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeAdministrator;
(iv) the repurchase of, or substitution of, Mortgage Loans pursuant to Section 2.032.03 of this Agreement;
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Account or any Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage Loan.
(b) The Master Servicer or the Special Servicer (or the Certificate Administrator with respect to item (iv) below) shall promptly furnish to an Authorized Representative of the Depositor and the 17g-5 Information Provider by email e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor 17g-5 Information Provider shall promptly upload such documents to the Depositor17g-5 Information Provider’s 17g-5 Website within five (5) Business Daysin accordance with the procedures set forth in Section 11.14(d), and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor 17g-5 Information Provider (which may be in the form of emaile-mail) that the Depositor 17g-5 Information Provider has uploaded such documents to the Depositor17g-5 Information Provider’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agencies:
(i) each of its annual statements as to compliance described in Section 10.08 3.29 of this Agreement;
(ii) each of its annual independent public accountants’ servicing reports described in Section 10.09 3.30 of this Agreement;
(iii) a copy of each operating and other financial statements, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02;
(iv) each Distribution Date Statement described in Section 4.02; and
(ivv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement.
(c) The Certificate Administrator shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CCRE Commercial Mortgage Securities, L.P.)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email and each Rating Agency with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeFiscal Agent;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.032.03(d) or 2.03(e);
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Collection Account, the Excess Liquidation Proceeds Reserve Lower-Tier Distribution Account or any the Upper-Tier Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and;
(viii) each report to Certificateholders described in Section 4.02 and Section 3.22;
(ix) any change in the lien priority of a Mortgage Loan;
(x) any new lease of an anchor or a termination of an anchor lease at a retail Mortgaged Property; and
(xi) any material damage to a Mortgaged Property.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email each Rating Agency copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agenciesfollowing:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement3.14;
(ii) each of its annual independent public accountants’ ' servicing reports described in Section 10.09 of this Agreement;3.15; and
(iii) a copy of each rent roll and each operating and other financial statements, rent rolls, statement and occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement3.03.
(c) The Certificate Administrator Servicer shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (each Rating Agency with such information with respect to the extent Trust Fund, any Mortgaged Property, a Borrower and a non-performing or Specially Serviced Mortgage Loan as such Rating Agency shall reasonably request and which the Servicer can reasonably obtain. The Rating Agencies shall not already delivered be charged any fee or made available pursuant expense in connection therewith.
(d) Notices to each Rating Agency shall be addressed as follows: Fitch Investors Service, L.P. Xxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Duff & Xxxxxx Credit Rating Co. 00 X. Xxxxxx Street, 35th Floor Chicago, Illinois 60603 Attention: Structured Finance Commercial Real Estate Monitoring Xxxxx'x Investor Services, Inc. 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Managing Director Commercial Mortgage-Backed Securities Standard & Poor's Ratings Services 00 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance or in each case to such other address as any Rating Agency shall specify by written notice to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Daysparties hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Securitization Corp Com Mor Pass THR Cer Ser 1997 Md)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice (and, in the case of subsection (vii), promptly furnish or make available) to an Authorized the Depositor, the Underwriters, the Controlling Class Representative of the Depositor by email and each Rating Agency with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other the Trustee;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.032.03(d);
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Collection Account, the Loan Combination Collection Account, the Distribution Accounts, the Interest Reserve Account, or the Excess Liquidation Proceeds Reserve Account or any Distribution Account;; and
(vii) any event that would result each report to Certificateholders described in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage LoanSection 4.02, Section 3.13 and Section 3.22.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email each Rating Agency copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agenciesfollowing:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement3.14;
(ii) each of its annual independent public accountants’ ' servicing reports described in Section 10.09 of this Agreement3.15;
(iii) a copy of each rent roll and each operating and other financial statements, rent rolls, statement and occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.023.03;
(iv) a copy of any notice with respect to a breach of a representation or warranty with respect to any Mortgage Loan;
(v) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer;
(vi) any change in the lien priority of a Mortgage Loan;
(vii) any new lease of an anchor or a termination of an anchor lease at a retail Mortgaged Property;
(viii) any material damage to a Mortgaged Property; and
(ivix) upon requestany amendment, each inspection report prepared in connection with modification, consent or waiver to or of any inspection conducted pursuant to Section 3.18 provision of this Agreementa Mortgage Loan.
(c) The Certificate Administrator Trustee, the Master Servicer and the Special Servicer, as applicable, shall promptly furnish to an Authorized Representative of each Rating Agency with respect to the Trust Fund, a Mortgaged Property, a Borrower and a Specially Serviced Loan such information as the Rating Agency and the Depositor by email copies of shall reasonably request and which the items set forth Trustee, the Master Servicer or the Special Servicer, can reasonably provide in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to accordance with applicable law and without violating the terms of this Agreement and or any Loan Documents. The Rating Agencies shall not be charged any fee or expense in connection therewith. Each party hereto shall send copies to the extent such items were prepared by or delivered Depositor of any information that it provided to any Rating Agency. Notwithstanding anything to the Certificate Administrator contrary herein, nothing in electronic format), and the Depositor this Section 10.06 shall promptly upload such documents require a party to provide duplicative notices or copies to the Depositor’s 17g-5 Website within five Rating Agencies with respect to any of the above listed items.
(5d) Business DaysNotices to each Rating Agency shall be addressed as follows: [________] or in each case to such other address as either Rating Agency shall specify by written notice to the parties hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email and each Rating Agency with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five knowledge (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) provided that the Depositor Trustee shall be under no obligation to make an investigation concerning whether any such event has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:occurred):
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeFiscal Agent;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.032.03(b);
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Collection Account or any Distribution the Certificate Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and;
(viii) each report to Certificateholders described in Section 4.02 and Section 3.22;
(ix) any change in the lien priority of a Mortgage Loan;
(x) any new lease of an anchor or a termination of an anchor lease at a retail Mortgaged Property;
(xi) any termination of licensing certification at a Mortgaged Property securing a senior housing/healthcare Mortgage Loan; and
(xii) any material damage to a Mortgaged Property.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email each Rating Agency copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agenciesfollowing:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement3.14;
(ii) each of its annual independent public accountants’ ' servicing reports described in Section 10.09 of this Agreement;3.15; and
(iii) a copy of each rent roll and each operating and other financial statements, rent rolls, statement and occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 of this Agreement3.03.
(c) The Certificate Administrator Master Servicer shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (each Rating Agency with such information with respect to the extent Trust Fund, a Mortgaged Property, a Mortgagor and a non-performing or Specially Serviced Mortgage Loan as such Rating Agency shall reasonably request and which the Master Servicer can reasonably obtain. The Rating Agencies shall not already delivered be charged any fee or made available pursuant expense in connection therewith.
(d) Notices to each Rating Agency shall be addressed as follows: Standard & Poor's Rating Services 00 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Group Fitch Investors Service, L.P. Xxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Group or in each case to such other address as either Rating Agency shall specify by written notice to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Daysparties hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Icifc Secured Assets Corp)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email and each Rating Agency with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee Servicer or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other Trustee;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.032.03(c);
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Collection Account, the Excess Liquidation Proceeds Reserve Lower-Tier Distribution Account or any the Upper-Tier Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and;
(viii) any change in the lien priority of a Mortgage Loan;
(ix) any new lease of an anchor or a termination of an anchor lease at a retail Mortgaged Property; and
(x) any material damage to a Mortgaged Property.
(b) The Master Servicer (or the Trustee with respect to item (iv) below or the Special Servicer with respect to item (vi) below) shall promptly furnish to an Authorized Representative each Rating Agency and, upon request, to each Certificateholder (at the expense of the Depositor by email copies such Certificateholder and subject to any requirement governing disclosure of the following (information under Section 3.20), to the extent not already delivered or made available pursuant to the terms of otherwise provided under this Agreement), and copies of the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agenciesfollowing:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement3.14;
(ii) each of its annual independent public accountants’ ' servicing reports described in Section 10.09 of this Agreement3.15;
(iii) a copy of each operating and other financial statementsstatement, rent rolls, occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.02; and3.03 and to the extent consistent with applicable law and the related Loan Documents;
(iv) upon request, each report to Certificateholders described in Section 4.02 and Section 3.20 and any Special Event Report prepared pursuant to Section 3.20(b);
(v) each inspection report prepared in connection with any inspection conducted pursuant to Section 3.18 3.19(a); and
(vi) a copy of this Agreementeach report (other than the preliminary report referred to in Section 3.13(a) produced pursuant to Sections 3.13 and 3.24.
(c) The Certificate Administrator Master Servicer shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (each Rating Agency with such information with respect to the extent Trust Fund, any Mortgaged Property, a Borrower and a non-performing or Specially Serviced Mortgage Loan as such Rating Agency shall reasonably request and which the Master Servicer can reasonably obtain. The Rating Agencies shall not already delivered be charged any fee or made available pursuant expense in connection therewith.
(d) Notices to each Rating Agency shall be addressed as follows: Fitch IBCA, Inc. Xxx Xxxxx Xxxxxx Xxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Standard & Poor's Ratings Service 00 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance or in each case to such other address as any Rating Agency shall specify by written notice to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Daysparties hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Cap I Inc Comm Mort Pass THR Cer Ser 1998 Xl2)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice (and, in the case of subsection (vii), promptly furnish or make available) to an Authorized the Depositor, the Underwriters, the Controlling Class Representative of the Depositor by email and each Rating Agency with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other the Trustee;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.032.03(d);
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Collection Account, the Serviced Whole Loan Collection Account, the Distribution Accounts, the Interest Reserve Account, or the Excess Liquidation Proceeds Reserve Account or any Distribution Account;; and
(vii) any event that would result each report to Certificateholders described in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and
(viii) any change in the lien priority of a Mortgage LoanSection 4.02, Section 3.13 and Section 3.22.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of the Depositor by email each Rating Agency copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agenciesfollowing:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement10.11;
(ii) each of its annual independent public accountants’ ' servicing reports described in Section 10.09 of this Agreement10.13;
(iii) a copy of each rent roll and each operating and other financial statements, rent rolls, statement and occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.023.03;
(iv) a copy of any notice with respect to a breach of a representation or warranty with respect to any Mortgage Loan;
(v) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer;
(vi) any change in the lien priority of a Mortgage Loan;
(vii) any new lease of an anchor or a termination of an anchor lease at a retail Mortgaged Property;
(viii) any material damage to a Mortgaged Property; and
(ivix) upon requestany amendment, each inspection report prepared in connection with modification, consent or waiver to or of any inspection conducted pursuant to Section 3.18 provision of this Agreementa Mortgage Loan.
(c) The Certificate Administrator Trustee, the Master Servicer and the Special Servicer, as applicable, shall promptly furnish to an Authorized Representative of each Rating Agency with respect to the Trust Fund, a Mortgaged Property, a Borrower and a Specially Serviced Loan such information as the Rating Agency and the Depositor by email copies of shall reasonably request and which the items set forth Trustee, the Master Servicer or the Special Servicer, can reasonably provide in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to accordance with applicable law and without violating the terms of this Agreement and or any Loan Documents. The Rating Agencies shall not be charged any fee or expense in connection therewith. Each party hereto shall send copies to the extent such items were prepared by or delivered Depositor of any information that it provided to any Rating Agency. Notwithstanding anything to the Certificate Administrator contrary herein, nothing in electronic format), and the Depositor this Section 11.06 shall promptly upload such documents require a party to provide duplicative notices or copies to the Depositor’s 17g-5 Website within five Rating Agencies with respect to any of the above listed items.
(5d) Business DaysNotices to each Rating Agency shall be addressed as follows: Standard & Poor's Ratings Services 55 Water Street New York, New York 10041 Xxxxxxxxx: Xxxxxxxxxx Xxxxxxxx Xxxxxxxxxxxx Xxxxx Telecopy: (212) 438-2657 Fitch, Inc. One Sxxxx Xxxxxx Xxaza, 31st Floor New York, New Yoxx 00000 Xxxxxxxxx: Xxxxxxxxxx Xxxxxxxx Xxxxxxxxxxxx Xxxxx Telecopy: (212) 635-0295 or in each case to such other address as either Ratinx Xxxxxx xxxxx specify by written notice to the parties hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (COMM 2006-C7 Mortgage Trust)
Notice to the Depositor and Each Rating Agency. (a) The Certificate Administrator Trustee shall use its best efforts to promptly provide notice to an Authorized Representative of the Depositor by email Depositor, each Underwriter and each Rating Agency with respect to each of the following of which a Responsible Officer of the Certificate Administrator Trustee has actual knowledge, and the Depositor shall promptly upload such notice or information to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Certificate Administrator receives written notification from the Depositor (which may be in the form of email) that the Depositor has posted such notice or information to the Depositor’s 17g-5 Website, the Certificate Administrator shall provide such notice or information to the Rating Agencies:
(i) any material change or amendment to this Agreement;
(ii) the occurrence of any Servicer Termination Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or the Certificate Administrator or any Other Master Servicer, Other Special Servicer or Other TrusteeFiscal Agent;
(iv) the repurchase of, or substitution of, of Mortgage Loans pursuant to Section 2.032.03(d) or 2.03(e);
(v) the final payment to any Class of Certificateholders;
(vi) any change in the location of the Interest Reserve Account, the Excess Liquidation Proceeds Reserve Collection Account or any the Distribution Account;
(vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Master Servicer; and;
(viii) each report to Certificateholders described in Section 4.02 and Section 3.22;
(ix) any change in the lien priority of a Mortgage Loan;
(x) any new lease of an anchor or a termination of an anchor lease at a retail Mortgaged Property;
(xi) any termination of licensing certification at a Mortgaged Property securing a Senior Housing/Healthcare Loan;
(xii) any material damage to a Mortgaged Property;
(xiii) any amendment, modification, consent or waiver to or of any provision of a Mortgage Loan; and
(xiv) any substitution or release of collateral hereunder.
(b) The Master Servicer or the Special Servicer shall promptly furnish to an Authorized Representative of each Rating Agency (and to the Depositor by email Special Servicer with respect to clause (iii) and (iv) below) copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the Depositor shall promptly upload such documents to the Depositor’s 17g-5 Website within five (5) Business Days, and after the Master Servicer or the Special Servicer, as applicable, receives written notification from the Depositor (which may be in the form of email) that the Depositor has uploaded such documents to the Depositor’s 17g-5 Website, the Master Servicer or the Special Servicer, as applicable, shall provide such documents to the Rating Agenciesfollowing:
(i) each of its annual statements as to compliance described in Section 10.08 of this Agreement3.14;
(ii) each of its annual independent public accountants’ ' servicing reports described in Section 10.09 of this Agreement3.15;
(iii) a copy of each rent roll and each operating and other financial statements, rent rolls, statement and occupancy reports, and sales reports to the extent such information is required to be delivered under a Mortgage Loan, in each case to the extent collected pursuant to Section 4.023.03; however, with respect to Fitch, the Servicer shall provide only the quarterly and annual statements or reports (and with respect to the Special Servicer, such information shall be delivered quarterly, other than information related to Mortgage Loans that are on the Watch List, unless the Special Servicer agrees to reimburse the Servicer for the cost of delivering such information); and
(iv) upon request, each inspection report prepared in connection a copy of any notice with respect to a breach of a representation or warranty with respect to any inspection conducted pursuant to Section 3.18 of this AgreementMortgage Loan.
(c) The Certificate Administrator Servicer shall promptly furnish to an Authorized Representative of the Depositor by email copies of the items set forth in Section 8.11(b) of this Agreement (to the extent not already delivered or made available pursuant to the terms of this Agreement and to the extent such items were prepared by or delivered to the Certificate Administrator in electronic format)each Rating Agency, each Underwriter and the Depositor with such information with respect to the Trust Fund, a Mortgaged Property, a Borrower and any Mortgage Loan as such Rating Agency, such Underwriter or the Depositor shall promptly upload reasonably request and which the Servicer can reasonably obtain. The Rating Agencies shall not be charged any fee or expense in connection therewith. The Servicer shall send copies to the Depositor of any information provided to any Rating Agency.
(d) Notices to each Rating Agency shall be addressed as follows: Fitch IBCA, Inc. Xxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Xxxxx'x Investors Service, Inc. 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Managing Director Commercial Mortgage-Backed Securities or in each case to such documents other address as either Rating Agency shall specify by written notice to the parties hereto. In addition, with respect to any request for Rating Agency confirmation pursuant to any of the provisions of this Agreement, the party seeking such Rating Agency confirmation shall deliver a copy of such request to the Depositor’s 17g-5 Website within five (5) Business Days.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capco America Securitization Corp)
