Common use of Notices to and from Rating Agencies Clause in Contracts

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of the Master Servicer and the Special Servicer, as the case may be, shall furnish to each Rating Agency such information with respect to the Mortgage Loans as the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer, as the case may be, can reasonably provide. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, or a Class F, Class G, Class H, Class J and Class K Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp Comm Mort Pass THR Cert Ser 1998-2), Pooling and Servicing Agreement (Nationslink Funding Corp Comm Mort Pass THR Cert Ser 1998-2)

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Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the REMIC I Distribution Account, the Class A-2FL Floating Rate Account, the Class A-JFL Floating Rate Account, the REMIC II Distribution Account, the Excess Interest Distribution Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the a Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.1311.09; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.1411.11, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, any Companion Loan Holder, any Controlling Holder or a Holder of a Non-Registered Certificate (except a Class FV, Class G, R-I or Class H, Class J and Class K Certificateholder R-II Certificate) (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.0912.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-2)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.032.02. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the each Mortgage Loans Loan such information as the Rating Agency shall reasonably request and which the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, or a Class F, Class G, Class H, Class J J, Class K, Class L, Class M, Class N, Class O and Class K P Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mort Pass Through Cert Ser 2002-2)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the a Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of the Master Servicer and the Special Servicer, as the case may be, shall furnish to each Rating Agency such information with respect to the Mortgage Loans as the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer, as the case may be, can reasonably provide. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the REMIC II Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, or a Class FC, Class GD, Class HE, Class J F and Class K G Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp 1999-LTL-1 Commer Loan Pas THR Cer)

Notices to and from Rating Agencies. (a) The Trustee (or the Certificate Administrator with respect to items (iv) and (v) below) shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Liquidation Proceeds Account or the Excess Interest Distribution Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.1311.09; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.1411.11, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee Certificate Administrator shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the TrusteeCertificate Administrator's Website, copies of the statements to the Holders of the REMIC II Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, any Companion Loan Holder, any Controlling Holder or a Holder of a Non-Registered Certificate (except a Class FV, Class G, R-I or Class H, Class J and Class K Certificateholder R-II Certificate) (if requested by such Holder), by any of the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer pursuant to this Section 11.0912.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the TrusteeTrustee and/or the Certificate Administrator, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-5)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successorSpecial Servicer; (iv) the repurchase or substitution of Mortgage Loans by any of the Mortgage Loan Sellers pursuant to any of the Mortgage Loan Purchase Agreements; (v) any change in the location of the Distribution Account;; and (vvi) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;Trustee; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of the The Trustee, Master Servicer and the Special Servicer, as the case may be, Servicer shall furnish to each Rating Agency such information with respect to the Certificates or any Mortgage Loans Loan, including a non-performing or defaulted Mortgage Loan, as applicable, such information as the Rating Agency shall reasonably request and which the Trustee, Master Servicer or the and Special Servicer, as the case may beapplicable, can reasonably provideprovide in accordance with applicable law and without waiving any attorney-client privilege attached to such information. The Master Servicer and the Special Servicer may attach any reasonable disclaimer it deems appropriate to such information. (d) Each To the extent applicable and not previously delivered, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the followingfollowing items: (i) each of its annual statements as to compliance described in Section 3.13; and; (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and ; (iii) any Officers' Certificate delivered by it to the extent required by Trustee pursuant to Section 4.03(c) or 3.08; and (iv) each of its inspection reports described in Section 3.12(a), the statements and reports described in Section 3.12(b), each of the Master Servicer 3.12(c) and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (3.12(d) and other reports described in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b)3.19. (e) The Trustee shall (i) make available to each Rating Agency, upon reasonable notice, the items described in Section 3.15 and Section 4.02(a) and (ii) promptly furnish deliver to each Rating Agency on a monthly basis, copy of any notices given pursuant to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular Certificates required by the first paragraph of Section 4.02(a7.03(a) or Section 7.03(b). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, or a Class F, Class G, Class H, Class J and Class K Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass THR Cert Ser 1998-C2)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the a Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of the Master Servicer and the Special Servicer, as the case may be, shall furnish to each Rating Agency such information with respect to the Mortgage Loans as the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer, as the case may be, can reasonably provide. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, or a Class FJ, Class GK, Class HL, Class J M, Class N, Class O and Class K P Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding. (h) The Trustee, the Master Servicer and the Special Servicer, as applicable, shall furnish to each Rating Agency, with respect to each Mortgage Loan such information as the Rating Agency shall reasonably request and which the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as applicable, may include any reasonable disclaimer they deem appropriate with respect to such information.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of Amercia Com Mort Pas Thru Cer Series 2000-2)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Interest Distribution Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the each Mortgage Loans Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, Agencies or a Class F, Class G, Class H, Class J and Class K C Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.0912.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Interest Distribution Account, the Class A-MFL Floating Rate Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the a Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.1311.09; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.1411.11, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, any Companion Loan Holder, any Controlling Holder or a Holder of a Non-Registered Certificate (except a Class FV, Class G, R-I or Class H, Class J and Class K Certificateholder R-II Certificate) (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.0912.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-1)

Notices to and from Rating Agencies. (a) The Trustee (or the Certificate Administrator with respect to items (iv) and (v) below) shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Liquidation Proceeds Account or the Excess Interest Distribution Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.1311.09; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.1411.11, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee Certificate Administrator shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the TrusteeCertificate Administrator's Website, copies of the statements to the Holders of the REMIC II Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, any Companion Loan Holder or a Holder of a Non-Registered Certificate (except a Class FV, Class G, R-I or Class H, Class J and Class K Certificateholder R-II Certificate) (if requested by such Holder), by any of the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer pursuant to this Section 11.0912.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the TrusteeTrustee and/or the Certificate Administrator, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2008-Ls1)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the Component Mortgage Loan REMIC Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Interest Distribution Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, any Controlling Holder, any Companion Loan Noteholder or a Holder of a Non-Registered Certificate (except a Class FV, Class G, R-I or Class H, Class J and Class K Certificateholder R-II Certificate) (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2005-2)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successorSpecial Servicer; (iv) the repurchase of Mortgage Loans by any of the Mortgage Loan Sellers pursuant to either of the Mortgage Loan Purchase Agreements; (v) any change in the location of the Distribution Account;; and (vvi) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer or Special Servicer, as applicable, shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect modification of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged PropertyMortgage Loan, Credit Lease, Lease Enhancement Policy or RVI Policy. (c) Each of the The Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information with respect to the a Mortgage Loans Loan such information as the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege attached to such information. The Master Servicer or Special Servicer, as the case applicable, may be, can reasonably provideattach any reasonable disclaimer it deems appropriate to such information. (d) Each To the extent applicable and not previously delivered, each of the Master Servicer and the Special Servicer Servicer, as applicable, shall promptly furnish to each Rating Agency copies of the followingfollowing items: (i) each of its annual statements as to compliance described in Section 3.13; and; (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and ; (iii) any Officers' Certificate delivered by it to the extent required by Trustee pursuant to Section 3.12(b)4.03(c) or 3.08; (iv) upon request, each of the Master Servicer its inspection reports described in Section 3.12(a) and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (statements and reports described in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall (i) make available to each Rating Agency, upon reasonable notice, the items described in Section 3.15 and Section 4.02(a) and (ii) promptly furnish deliver to each Rating Agency on a monthly basis, copy of any notices given pursuant to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular Certificates required by the first paragraph of Section 4.02(a7.03(a) or Section 7.03(b). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, or a Class F, Class G, Class H, Class J and Class K Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Interest Distribution Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.1311.09; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.1411.11, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, the One Stamford Forum Controlling Holder, the One Stamford Forum Note B Holder or a Holder of a Non-Registered Certificate (except a Class FV, Class G, R-I or Class H, Class J and Class K Certificateholder R-II Certificate) (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.0912.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2006-3)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, ES Controlling Holder, SB Controlling Holder, Wellbridge Controlling Holder or Companion Loan Noteholder or a Class D, Class E, Class F, Class G, Class H, Class J J, Class K, Class L, Class M, Class N, Class O and Class K P Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certificates Series 2003-1)

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Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Interest Distribution Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the each Mortgage Loans Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, Agencies or a Class F, Class G, Class H, Class J and Class K C Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the Torre Mayor Loan REMIC Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Interest Distribution Account, the Class A-SBFL Floating Rate Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the a Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.1311.09; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.1411.11, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, any Controlling Holder, any Companion Loan Holder or a Holder of a Non-Registered Certificate (except a Class FV, Class GR-I, Class H, R-II or Class J and Class K Certificateholder R-TM Certificate) (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.0912.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc. Series 2006-1)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, CC Controlling Holder, SS Controlling Holder, UH Controlling Holder or Companion Loan Noteholder or a Class F, Class G, Class H, Class J J, Class K, Class L, Class M, Class N, Class O and Class K P Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mort. Pass Thr. Certs SER 2004-3)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successorSpecial Servicer; (iv) the repurchase of Mortgage Loans by any of the Mortgage Loan Sellers pursuant to either of the Mortgage Loan Purchase Agreements; (v) any change in the location of the Distribution Account or the Additional Interest Distribution Account;; and (vvi) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;Trustee; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of the Master The Special Servicer and the Special Servicer, as the case may be, shall furnish to each Rating Agency such information with respect to the a non-performing or defaulted Mortgage Loans Loan such information as the Rating Agency shall reasonably request and which the Master Special Servicer or the Special Servicer, as the case may be, can reasonably provideprovide in accordance with applicable law and without waiving any attorney-client privilege attached to such information. The Special Servicer may attach any reasonable disclaimer it deems appropriate to such information. (d) Each To the extent applicable and not previously delivered, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the followingfollowing items: (i) each of its annual statements as to compliance described in Section 3.13; and; (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and ; (iii) any Officers' Certificate delivered by it to the extent required by Trustee pursuant to Section 4.03(c) or 3.08; and (iv) each of its inspection reports described in Section 3.12(a) and the statements and reports described in Section 3.12(b), each of the Master Servicer 3.12(c) and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b3.12(d). (e) The Trustee shall (i) make available to each Rating Agency, upon reasonable notice, the items described in Section 3.15 and Section 4.02(a) and (ii) promptly furnish deliver to each Rating Agency on a monthly basis, copy of any notices given pursuant to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular Certificates required by the first paragraph of Section 4.02(a7.03(a) or Section 7.03(b). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, or a Class F, Class G, Class H, Class J and Class K Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the REMIC I Distribution Account, the Class A-2FL Floating Rate Account, the Class A-MFL Floating Rate Account, the REMIC II Distribution Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the a Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.1311.09; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.1411.11, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, any Companion Loan Holder, any Controlling Holder or a Holder of a Non-Registered Certificate (except a Class F, R-I or Class G, Class H, Class J and Class K Certificateholder R-II Certificate) (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.0912.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-3)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the Component Mortgage Loan REMIC Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Interest Distribution Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the a Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, the FM Controlling Holder, the SM Controlling Holder, the LM Controlling Holder, the Fashion Show Mall Pari Passu Note A-2 Companion Loan Noteholder, the 1901 Research Boulevard B Noteholder, or a Class E, Class F, Class G, Class HCxxxx X, Xxxxx X, Xxxxx X, Class J L, Class M, Class N, Class O and Class K P Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2005-1)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account, the REMIC I Distribution Account, the REMIC II Distribution Account, the Excess Interest Distribution Account or the Excess Liquidation Proceeds Account; (v) the final payment to any Class of Certificateholders; and (vi) the repurchase of any Mortgage Loan by the a Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 2.03. (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of The Trustee, the Master Servicer and the Special Servicer, as the case may beapplicable, shall furnish to each Rating Agency such information Agency, with respect to the Mortgage Loans each Loan such information as the Rating Agency shall reasonably request and which that the Trustee, the Master Servicer or the Special Servicer can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information. The Trustee, the Master Servicer and the Special Servicer, as the case applicable, may be, can reasonably provideinclude any reasonable disclaimer they deem appropriate with respect to such information. (d) Each of the Master 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 3.1311.09; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.1411.11, if any. In addition, as and to the extent required by Section 3.12(b3.12(a) and (b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual or other periodic operating statements, statements and rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular REMIC II Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, any Companion Loan Holder or a Holder of a Non-Registered Certificate (except a Class FV, Class G, R-I or Class H, Class J and Class K Certificateholder R-II Certificate) (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.0912.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2006-6)

Notices to and from Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Master Servicer, the Special Servicer or the REMIC Administrator and the appointment of a successorSpecial Servicer; (iv) the repurchase or substitution of Mortgage Loans by the Mortgage Loan Seller pursuant to the Mortgage Loan Purchase Agreement; (v) any change in the location of the Distribution Account; (vvi) the final payment to any Class of Certificateholders; and (vivii) each of its inspection reports described in Section 3.12(a) and the repurchase of any Mortgage Loan by the Mortgage Loan Seller or the Additional Warranting Partystatements and reports described in Section 3.12(b), as applicable, pursuant to Section 2.033.12(c) and 3.12(d). (b) The Master Servicer shall promptly provide notice to each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee and the appointment of a successor;Trustee; and (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any material casualty at or condemnation or eminent domain proceeding in respect of a Mortgaged Property; and (v) the vacating by an anchor tenant of a retail Mortgaged Property. (c) Each of the Master The Special Servicer and the Special Servicer, as the case may be, shall furnish to each Rating Agency such information with respect to the a non-performing or defaulted Mortgage Loans Loan such information as the Rating Agency shall reasonably request and which the Master Special Servicer or the Special Servicer, as the case may be, can reasonably provideprovide in accordance with applicable law and without waiving any attorney-client privilege attached to such information. The Special Servicer may attach any reasonable disclaimer it deems appropriate to such information. (d) Each To the extent applicable and not previously delivered, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the followingfollowing items: (i) each of its annual statements as to compliance described in Section 3.13; and; (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, as and ; and (iii) any Officers' Certificate delivered by it to the extent required by Section 3.12(b), each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it Trustee pursuant to Section 3.12(b)4.03(c) or 3. (e) The Trustee shall promptly furnish (i) deliver to each Rating Agency on a monthly basis, to the extent not made available on the Trustee's Website, copies of the statements to the Holders of the Regular Certificates required by the first paragraph of items described in Section 3.15 and Section 4.02(a) and (ii) promptly deliver to each Rating Agency a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies, or a Class F, Class G, Class H, Class J and Class K Certificateholder (if requested by such Holder), by any of the Trustee, the Master Servicer or the Special Servicer pursuant to this Section 11.09, shall be so delivered or otherwise made available through an electronic medium. (g) Each Rating Agency shall provide to the Trustee, upon its request, a listing of the then current rating on any Certificate then outstanding.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Pass Through Cert Series 1998-C3)

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