Common use of Notice to the Depositor and Each Rating Agency Clause in Contracts

Notice to the Depositor and Each Rating Agency. (a) The Trustee shall use its best efforts to promptly provide written notice to the Depositor and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Servicer, Special Servicer, Trustee or Fiscal Agent; (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d) or 2.3(e); (v) the final payment to any Class of Certificateholders; (vi) each report to Certificateholders described in Section 4.2; (b) The Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.14; (ii) each of its annual independent public accountants' servicing reports described in Section 3.15. (iii) annual reports of each Borrower with respect to the net operating income and occupancy rates required to be delivered by the related Mortgage and actually received by the Servicer pursuant thereto to the extent consistent with applicable law and the related Mortgage Loan Documents. (c) The Special Servicer, shall furnish each Rating Agency with such information with respect to any Specially Serviced Mortgage Loan as such Rating Agency shall request and which the Special Servicer can obtain to the extent consistent with applicable law and the related Mortgage Loan Documents. (d) Notices to each Rating Agency shall be addressed as follows: or in each case to such other address as any Rating Agency shall specify by written notice to the parties hereto.

Notice to the Depositor and Each Rating Agency. (a) The Trustee shall use its best efforts to promptly provide written notice to the Depositor and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, Trustee or Fiscal Agent; (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d) or 2.3(e); (v) the final payment to any Class of Certificateholders; (vi) each report to Certificateholders described in Section 4.24.4; (b) The Master Servicer and each Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.143.16; (ii) each of its annual independent public accountants' servicing reports described in Section 3.153.17. (iii) annual reports of each Borrower with respect to the net operating income and occupancy rates required to be delivered by the related Mortgage and actually received by the Master Servicer or such Special Servicer, if applicable, pursuant thereto to the extent consistent with applicable law and the related Mortgage Loan Documents. (c) The Each Special Servicer, Servicer shall furnish each Rating Agency with such information with respect to any Specially Serviced Mortgage Loan specially serviced by it as such Rating Agency shall request and which the such Special Servicer can obtain to the extent consistent with applicable law and the related Mortgage Loan Documents. (d) Notices to each Rating Agency shall be addressed as follows: Standard & Poor's Ratings Service 00 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx'x Investor Services, Inc. 00 Xxxxxx Xxxxxx 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 parties hereto.

Notice to the Depositor and Each Rating Agency. (a) The Trustee shall use its best efforts to promptly provide written notice to the Depositor and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Servicer, Special Servicer, the Trustee or Fiscal Agent; (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d2.03(d) or 2.3(e2.03(e); (v) the final payment to any Class of Certificateholders; (vi) any change in the location of the Collection Account or the Distribution Account; (vii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Servicer; (viii) each report to Certificateholders described in Section 4.24.02 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; and (xiii) any amendment, modification, consent or waiver to or of any provision of a Mortgage Loan. (b) The Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.14; (ii) each of its annual independent public accountants' servicing reports described in Section 3.15.; and (iii) annual reports a copy of each Borrower with respect rent roll and each operating and other financial statement and occupancy reports, to the net operating income and occupancy rates extent such information is required to be delivered by the related under a Mortgage and actually received by the Servicer pursuant thereto Loan, in each case to the extent consistent collected pursuant to Section 3.03. However, with applicable law and respect to DCR, the related Mortgage Loan DocumentsServicer shall provide only the annual statements or reports. (c) The Special Servicer, Servicer shall furnish each Rating Agency and the Depositor with such information with respect to any the Trust Fund, a Mortgaged Property, a Borrower and a non-performing or Specially Serviced Mortgage Loan as such Rating Agency or the Depositor shall reasonably request and which the Special Servicer can obtain reasonably obtain. The Rating Agencies shall not be charged any fee or expense in connection therewith. The Servicer shall send copies to the extent consistent with applicable law and the related Mortgage Loan DocumentsDepositor of any information provided to any Rating Agency. (d) Notices to each Rating Agency shall be addressed as follows: Duff & Xxxxxx Credit Rating Co. 00 X. Xxxxxx Street, 35th Floor Chicago, Illinois 60603 Attention: Structured Finance - Commercial Real Estate Monitoring Fitch Investors Service, L.P. Xxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Xxxxx'x Investor Services, Inc. 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Managing Director Commercial Mortgage-Backed Securities Standard & Poor's Rating Services 00 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance or in each case to such other address as any either Rating Agency shall specify by written notice to the parties hereto.

Notice to the Depositor and Each Rating Agency. (a) The Trustee shall use its best efforts to promptly provide written notice to the Depositor and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, Trustee or Fiscal Agent; (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d) or 2.3(e); (v) the final payment to any Class of Certificateholders; (vi) each report to Certificateholders described in Section 4.2; (b) The Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following:: 141 (i) each of its annual statements as to compliance described in Section 3.14; (ii) each of its annual independent public accountants' servicing reports described in Section 3.15. (iii) annual reports of each Borrower with respect to the net operating income and occupancy rates required to be delivered by the related Mortgage and actually received by the Master Servicer or the Special Servicer, if applicable, pursuant thereto to the extent consistent with applicable law and the related Mortgage Loan Documents. (c) The Special Servicer, shall furnish each Rating Agency with such information with respect to any Specially Serviced Mortgage Loan as such Rating Agency shall request and which the Special Servicer can obtain to the extent consistent with applicable law and the related Mortgage Loan Documents. (d) Notices to each Rating Agency shall be addressed as follows: --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- or in each case to such other address as any Rating Agency shall specify by written notice to the parties hereto.

Notice to the Depositor and Each Rating Agency. (a) The Trustee shall use its best efforts to promptly provide written notice to the Depositor and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Servicer, Special Servicer, Trustee or Fiscal Agent;; 157 (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d) or 2.3(e); (v) the final payment to any Class of Certificateholders; (vi) each report to Certificateholders described in Section 4.2; (b) The Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.14; (ii) each of its annual independent public accountants' servicing reports described in Section 3.15. (iii) annual reports of each Borrower with respect to the net operating income and occupancy rates required to be delivered by the related Mortgage and actually received by the Servicer or the Special Servicer, if applicable, pursuant thereto to the extent consistent with applicable law and the related Mortgage Loan Documents. (c) The Special Servicer, shall furnish each Rating Agency with such information with respect to any Specially Serviced Mortgage Loan as such Rating Agency shall request and which the Special Servicer can obtain to the extent consistent with applicable law and the related Mortgage Loan Documents. (d) Notices to each Rating Agency shall be addressed as follows: Fitch Investors Service, L.P. One State Strexx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Moody's Investxx Xxxxices, Inc. 99 Church Strexx 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 parties hereto.

Notice to the Depositor and Each Rating Agency. (a) The Trustee shall use its best efforts to promptly provide written notice to the Depositor and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or Fiscal Agent; (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d) or 2.3(e2.03(d); (v) the final payment to any Class of Certificateholders; (vi) each report any change in the location of the Collection Account, the Lower-Tier Distribution Account or 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; (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 Certificateholders described in Section 4.2;a Mortgaged Property. (b) The Master Servicer (or the Trustee with respect to item (iv) below) shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.14; (ii) each of its annual independent public accountants' servicing reports described in Section 3.15.; (iii) annual reports a copy of each Borrower with respect operating and other financial statements, rent rolls, occupancy reports, and sales reports to the net operating income and occupancy rates extent such information is required to be delivered by the related under a Mortgage and actually received by the Servicer pursuant thereto Loan, in each case to the extent consistent collected pursuant to Section 3.03; (iv) 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); and (v) each inspection report prepared in connection with applicable law and the related Mortgage Loan Documentsany inspection conducted pursuant to Section 3.19(a). (c) The Special Servicer, Master Servicer shall furnish each Rating Agency with such information with respect to the 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 Special Master Servicer can obtain to the extent consistent with applicable law and the related Mortgage Loan Documentsreasonably obtain. The Rating Agencies shall not be charged any fee or expense in connection therewith. (d) Notices to each Rating Agency shall be addressed as follows: Standard & Poor's Ratings Services 00 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Duff & Xxxxxx Credit Rating Co. 00 X. Xxxxxx Street, 38th 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 or in each case to such other address as any Rating Agency shall specify by written notice to the parties hereto. (e) To the extent reasonable, each of the foregoing notices and reports shall be delivered to the Rating Agencies in an electronic medium as may be requested by the Rating Agencies.

Notice to the Depositor and Each Rating Agency. (a) The Trustee shall use its best efforts to promptly provide written notice to the Depositor and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Servicer, Special Servicer, Trustee or Fiscal Agent;; 163 (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d) or 2.3(e); (v) the final payment to any Class of Certificateholders; (vi) each report to Certificateholders described in Section 4.2; (b) The Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.14; (ii) each of its annual independent public accountants' servicing reports described in Section 3.15. (iii) annual reports of each Borrower with respect to the net operating income and occupancy rates required to be delivered by the related Mortgage and actually received by the Servicer or the Special Servicer, if applicable, pursuant thereto to the extent consistent with applicable law and the related Mortgage Loan Documents. (c) The Special Servicer, shall furnish each Rating Agency with such information with respect to any Specially Serviced Mortgage Loan as such Rating Agency shall request and which the Special Servicer can obtain to the extent consistent with applicable law and the related Mortgage Loan Documents. (d) Notices to each Rating Agency shall be addressed as follows: Standard & Poor's Ratings Services 25 Broadway New York, New York 10004 Axxxxxxxx: Xxxxxxxxxx Xxxxxxxx Xxxxxxxxxxxx Duff & Phelps Credit Rating Co. 55 East Monroe Street Chicago, Illinois 60603 Xxxxxxxxx: Xxxxxxxxxx Xxxx Xxxxxx Xxxitoring Group or in each case to such other address as any Rating Agency shall specify by written notice to the parties hereto.

Notice to the Depositor and Each Rating Agency. (a) The Trustee shall use its best efforts to promptly provide written notice to the Depositor and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Master Servicer, Special Servicer, the Trustee or Fiscal Agent; (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d) or 2.3(e2.03(c); (v) the final payment to any Class of Certificateholders; (vi) each report any change in the location of the Collection Account, the Lower-Tier Distribution Account or 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; (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 Certificateholders described in Section 4.2;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 each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.14; (ii) each of its annual independent public accountants' servicing reports described in Section 3.15.; (iii) annual reports a copy of each Borrower with respect operating and other financial statement, rent rolls, occupancy reports, and sales reports to the net operating income and occupancy rates extent such information is required to be delivered by the related under a Mortgage and actually received by the Servicer pursuant thereto Loan, in each case to the extent consistent collected pursuant to Section 3.03; (iv) 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 applicable law any inspection conducted pursuant to Section 3.19(a); and (vi) a copy of each report produced pursuant to Sections 3.13 and the related Mortgage Loan Documents3.24. (c) The Special Servicer, Master Servicer shall furnish each Rating Agency with such information with respect to the 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 Special Master Servicer can obtain to the extent consistent with applicable law and the related Mortgage Loan Documentsreasonably obtain. The Rating Agencies shall not be charged any fee or expense in connection therewith. (d) Notices to each Rating Agency shall be addressed as follows: Fitch Investors Service, L.P. Xxx Xxxxx Xxxxxx Xxxxx, 00xx 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/SFG/CMBS 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 parties hereto.

Notice to the Depositor and Each Rating Agency. (a) The Trustee Bond Administrator shall use its best efforts to promptly provide written notice to the Depositor Depositor, the Underwriters, the Directing Certificateholder and if a Loan Pair is involved, the related Companion Holder (or Operating Advisor acting on its behalf) and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee Bond Administrator has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Servicer, the Special Servicer, the Trustee or Fiscal Agentthe Bond Administrator; (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d2.03(d) or 2.3(e2.03(e); (v) the final payment to any Class of Certificateholders; (vi) any change in the location of the Collection Account, the Distribution Account, the Lower-Tier Distribution Account or the Upper-Tier Distribution Account; and (vii) each report to Certificateholders described in Section 4.2;4.02 and Section 3.22. (b) The Servicer shall promptly furnish to each Rating Agency (and to each Companion Holder, the items set forth in items (iii) through (viii) and (x) below, except that each Companion Holder shall receive only such information as concerns the related Loan Pair or Mortgaged Property) copies of the following: (i) in the case of Fitch, each of the reports delivered pursuant to Section 3.13(c), Section 3.13(e) or Section 3.13(f); (ii) each of its annual statements as to compliance described in Section 3.14; (iiiii) each of its annual independent public accountants' servicing reports described in Section 3.15.; (iiiiv) annual reports a copy of each Borrower with respect rent roll and each operating and other financial statement and occupancy reports, to the net operating income and occupancy rates extent such information is required to be delivered by the related under a Mortgage and actually received by the Servicer pursuant thereto Loan or Loan Pair, in each case to the extent consistent collected pursuant to Section 3.03; however, with applicable law respect to Fitch, the Servicer shall provide only the quarterly and the related annual statements or reports; (v) a copy of any notice with respect to a breach of a representation or warranty with respect to any Mortgage Loan Documentsor Loan Pair; (vi) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Servicer; (vii) any change in the lien priority of a Mortgage Loan or Loan Pair; (viii) any new lease of an anchor or a termination of an anchor lease at a retail Mortgaged Property; (ix) any material damage to a Mortgaged Property; and (x) any amendment, modification, consent or waiver to or of any provision of a Mortgage Loan or Loan Pair. (c) The Special Servicer, Servicer shall furnish each Rating Agency Agency, the Depositor and each Companion Holder with such information with respect to any the Trust Fund, a Mortgaged Property, a Borrower and a Specially Serviced Mortgage Loan as such Rating Agency Agency, the Depositor or Companion Holder shall reasonably request and which the Special Servicer can obtain reasonably obtain. The Rating Agencies and the Companion Holders shall not be charged any fee or expense in connection therewith. The Servicer shall send copies to the extent consistent with applicable law and the related Mortgage Loan DocumentsDepositor of any information provided to any Rating Agency. (d) Notices to each Rating Agency shall be addressed as follows: Fitch, Inc. Xxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Telecopy: (000) 000-0000 Standard & Poor's Ratings Services 00 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Group Telecopy: (000) 000-0000 or in each case to such other address as any either Rating Agency shall specify by written notice to the parties hereto.

Notice to the Depositor and Each Rating Agency. (a) The Trustee shall use its best efforts to promptly provide written notice to the Depositor and each Rating Agency with respect to each of the following of which a Responsible Officer of the Trustee has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Servicer, Special Servicer, Trustee [or Fiscal Agent]; (iv) the repurchase of Mortgage Loans pursuant to Section 2.3(d) or 2.3(e); (v) the final payment to any Class of Certificateholders;; 151 (vi) each report to Certificateholders described in Section 4.2; (b) The Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.14; (ii) each of its annual independent public accountants' servicing reports described in Section 3.15. (iii) annual reports of each Borrower with respect to the net operating income and occupancy rates required to be delivered by the related Mortgage and actually received by the Servicer or the Special Servicer, if applicable, pursuant thereto to the extent consistent with applicable law and the related Mortgage Loan Documents. (c) The Special Servicer, shall furnish each Rating Agency with such information with respect to any Specially Serviced Mortgage Loan as such Rating Agency shall request and which the Special Servicer can obtain to the extent consistent with applicable law and the related Mortgage Loan Documents. (d) Notices to each Rating Agency shall be addressed as follows: or in each case to such other address as any Rating Agency shall specify by written notice to the parties hereto.