Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured; (iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer; (iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreement; (v) any change in the location of the Distribution Account; (vi) the final payment to any Class of Certificateholders; and (vii) any sale or disposition of any Mortgage Loan or REO Property. (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 (ii) any change in the location of the Certificate Account. (c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law. (d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items: (i) each of its annual statements as to compliance described in Section 3.13; (ii) each of its annual independent public accountants' servicing reports described in Section 3.14; (iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and (iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d). (e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b). (f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Union Com Mor Sec Inc Com Mor Pass THR Cer Ser 2001-C1)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty Agency and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either any of the Mortgage Loan Sellers pursuant to the First Union Merrill Mortgage Loan Purchase Agreement or the Bank of America Wachovia Mortgage Loan Purchase Agreement;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Com MRT Pas THR Cert Ser 2002 Mw1)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the TrusteeFiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Trust Mortgage Loans by either of the Depositor or the UBS Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreementas contemplated by Section 2.03;
(v) any change in the location of the Distribution Collection Account or the Interest Reserve Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Trust Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Specially Serviced Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 4.03(c3.11(h) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each of the statements and reports described in Section 4.02(a) that is prepared by it.
(g) The Master Servicer shall give each of S&P and Moody's at least 15 days' notice prior to any reimbursement to it of Nonrecoverable Advances from amounts in the Pool Custodial Account allocable to interest on the Trust Mortgage Loans unless (1) the Master Servicer determines in its sole discretion that waiting 15 days after such a notice could jeopardize the Master Servicer's ability to recover Nonrecoverable Advances, (2) changed circumstances or new or different information becomes known to the Master Servicer that could affect or cause a determination of whether any Advance is a Nonrecoverable Advance, whether to defer reimbursement of a Nonrecoverable Advance or the determination in clause (1) above, or (3) the Master Servicer has not timely received from the Trustee information requested by the Master Servicer to consider in determining whether to defer reimbursement of a Nonrecoverable Advance; provided that, if clause (1), (2) or (3) apply, the Master Servicer shall give S&P and Moody's notice of an anticipated reimbursement to it of Nonrecoverable Advances from amounts in the Pool Custodial Account allocable to interest on the Trust Mortgage Loans as soon as reasonably practicable in such circumstances. The Master Servicer shall have no liability for any loss, liability or expense resulting from any notice provided to Moody's or S&P contemplated by the immediately preceding sentence.
(h) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2005-C1)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to either of the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementAgreements;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; 215
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each statement or report described in Section 4.02.
(g) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
(h) Notwithstanding any provision herein to the contrary each of the Master Servicer, the Special Servicer or the Trustee shall deliver to any Underwriter any report prepared by such party hereunder upon request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the TrusteeFiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the applicable Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementSection 2.03;
(v) any change in the location of the Distribution Account, the Interest Reserve Account or the Excess Liquidation Proceeds Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Specially Serviced Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.133.14;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;3.15; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 3.12(d), 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03A(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each of the statements and reports described in Section 4.02(a) that is prepared by it.
(g) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 or Two Penn Plaza Event of Default that has not been cured;
(iii) the resignation or termination of the TrusteeFiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Trust Mortgage Loans by either of the Depositor or the UBS Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreementas contemplated by Section 2.03;
(v) any change in the location of the Distribution Collection Account or the Interest Reserve Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Trust Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Specially Serviced Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 4.03(c3.11(h) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b4.03(c), 3.12(c) and 3.12(d).. -354-
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer The Trustee shall provide promptly deliver to each Rating Agency such other information with respect to a copy of each of the Mortgage Loans statements and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably requestreports described in Section 4.02(a) that is prepared by it.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2004-C6)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty Agency and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either any of the Mortgage Loan Sellers pursuant to the First Union Merrill Mortgage Loan Purchase Agreement or the Bank of America [Seller] Mortgage Loan Purchase Agreement;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
(g) Notwithstanding any provision herein to the contrary each of the Master Servicer, the Special Servicer or the Trustee shall deliver to any Underwriter any report prepared by such party hereunder upon request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to either of the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementAgreements;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each statement or report described in Section 4.02.
(g) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the TrusteeFiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Trust Mortgage Loans by either of the Depositor or the UBS Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreementas contemplated by Section 2.03;
(v) any change in the location of the Distribution Collection Account or the Interest Reserve Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Trust Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Specially Serviced Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 4.03(c3.11(h) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each The Trustee shall promptly deliver to each Rating Agency a copy of each of the Trusteestatements and reports described in Section 4.02(a) that is prepared by it.
(g) The Master Servicer shall give each of S&P and Moody's at least 15 days' notice prior to any reimbursement to it of Nonrecoverable Advances from amounts in the Pool Custodial Account allocable to interest on the Trust Mortgage Loans unless (1) the Master Servicer determines in its sole discretion that waiting 15 days after such a notice could jeopardize the Master Servicer's ability to recover Nonrecoverable Advances, (2) changed circumstances or new or different information becomes known to the Master Servicer that could affect or cause a determination of whether any Advance is a Nonrecoverable Advance, whether to defer reimbursement of a Nonrecoverable Advance or the determination in clause (1) above, or (3) the Master Servicer has not timely received from the Trustee information requested by the Master Servicer to consider in determining whether to defer reimbursement of a Nonrecoverable Advance; provided that, if clause (1), (2) or (3) apply, the Master Servicer shall give S&P and Moody's notice of an anticipated reimbursement to it of Nonrecoverable Advances from amounts in the Special Pool Custodial Account allocable to interest on the Trust Mortgage Loans as soon as reasonably practicable in such circumstances. The Master Servicer shall provide have no liability for any loss, liability or expense resulting from any notice provided to each Rating Agency such other information with respect to Moody's or S&P contemplated by the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably requestimmediately preceding sentence.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2005-C3)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty Agency and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to the First Union Wachovia Mortgage Loan Purchase Agreement, the Artesia Mortgage Loan Purchase Agreement or the Bank of America Nomura Mortgage Loan Purchase Agreement;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
(g) Notwithstanding any provision herein to the contrary each of the Master Servicer, the Special Servicer or the Trustee shall deliver to any Underwriter any report prepared by such party hereunder upon request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wachovia Commercial Mort Pass Thru Cert Ser 2002-C2)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty Agency and the Controlling Class Representative (and, if affected thereby, any B-Noteholder known to the Trustee) 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 or Outside Servicer Default that has not been cured;
(iii) the resignation or termination of the Trustee, the Fiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either any of the Mortgage Loan Sellers pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America applicable Mortgage Loan Purchase Agreement;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(b) The Master Servicer shall promptly provide notice to each Rating Agency (and, if affected thereby, any B-Noteholder) with respect to each of the following of which it has actual knowledge:
(i) the resignation or removal of the TrusteeTrustee or the Fiscal Agent; and
(ii) any change in the location of the Certificate Account or an A/B Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative (and, with respect to an A/B Loan Combination, the related B-Noteholder(s)) with respect to a non-performing or defaulted Mortgage Serviced Loan such information as the Rating Agency or Controlling Class Representative (and, with respect to an A/B Loan Combination, the related B-Noteholder(s)) shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Officer's Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.083.08(a); and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Securities Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to either of the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementAgreements;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each statement or report described in Section 4.02.
(g) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
(h) Notwithstanding any provision herein to the contrary each of the Master Servicer, the Special Servicer or the Trustee shall deliver to any Underwriter any report prepared by such party hereunder upon request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certiticates Series 1999 C2)
Notices to Rating Agencies. (a) The Master Servicer on behalf of the Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to either of the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementAgreements;
(v) any change in the location of the Distribution Account;; and
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and;
(iv) each of the inspection reports described in Section 3.12(a); and
(v) and the statements and reports each Updated Mortgage Loan Schedule described in Sections 3.12(b), Section 3.12(c) and 3.12(d).
(e) The Master Servicer on behalf of the Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each The Master Servicer on behalf of the Trustee, the Master Servicer and the Special Servicer Trustee shall provide promptly deliver to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably requesta copy of each statement or report described in Section 4.02.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty Agency and the Controlling Class Representative 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 that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either any of the Mortgage Loan Sellers pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America applicable Mortgage Loan Purchase Agreement;
(v) any change in the location of the Servicing Accounts, the Interest Reserve Accounts, the Certificate Account, the Gain-on-Sale Reserve Account, the Companion Distribution Account or the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' ’ servicing reports described in Section 3.14;
(iii) any Officers' Officer’s Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
(g) Notwithstanding any provision herein to the contrary each of the Master Servicer, the Special Servicer or the Trustee shall deliver to any Underwriter any report prepared by such party hereunder upon request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C17)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative Agency with respect to each of the following of which it 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 resignation or termination of the TrusteeMaster Servicer, the Master Special Servicer or the Special ServicerREMIC Administrator and the appointment of a successor;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreement;
(v) any change in the location of the Distribution Account;; and
(viv) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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 TrusteeTrustee and the appointment of a successor; and
(ii) any change in the location of the Certificate Collection Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each Each of the Master Servicer and the Special Servicer, as the case may be, shall furnish 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. 165
(d) Each of the Master Servicer and the Special Servicer, as the case may be, shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; and
(iii) any Officers' Certificate delivered to the Trustee each report prepared pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a3.09(e) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d)Section 3.12.
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant each statement to Certificateholders described in Section 7.03(a4.02(a) or and the reports referred to in Section 7.03(b4.02(c).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (DLJ Commercial Mortgage Corp)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either any of the Mortgage Loan Sellers pursuant to either of the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementAgreements;
(v) any change in the location of the Distribution Account;; and
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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 TrusteeTrustee or the Fiscal Agent; and
(ii) any change in the location of the Certificate Account or the Additional Interest Distribution Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable lawlaw 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) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and;
(iv) each of the inspection reports described in Section 3.12(a) and the statements and reports described in Sections Section 3.12(b), ; and
(v) each Updated Mortgage Loan Schedule described in Section 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a3.15 and Section 4.02(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to either of the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementAgreements;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:: 218
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each statement or report described in Section 4.02.
(g) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
(h) Notwithstanding any provision herein to the contrary each of the Master Servicer, the Special Servicer or the Trustee shall deliver to any Underwriter any report prepared by such party hereunder upon request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the applicable Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementSection 2.03;
(v) any change in the location of the Distribution Account, the Interest Reserve Account or the Excess Liquidation Proceeds Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Specially Serviced Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.1311.09;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;11.10; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 3.12(d), 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03A(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each of the statements and reports described in Section 4.02(a) that is prepared by it.
(g) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Funding Corp)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;; 234
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers Originators pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Merrill Mortgage Loan Purchase Agreement;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b). 235
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each statement or report described in Section 4.02.
(fg) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
(h) Notwithstanding any provision herein to the contrary each of the Master Servicer, the Special Servicer or the Trustee shall deliver to any Underwriter any report prepared by such party hereunder upon request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 or 000 Xxxxx Xxxxxx Event of Default that has not been cured;
(iii) the resignation or termination of the Trusteeany Fiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Trust Mortgage Loans by either of the Depositor or the UBS Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreementas contemplated by Section 2.03;
(v) any change in the location of the Distribution Collection Account or the Interest Reserve Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Trust Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Specially Serviced Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 4.03(c3.11(h) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer The Trustee shall provide promptly deliver to each Rating Agency such other information with respect to a copy of each of the Mortgage Loans statements and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably requestreports described in Section 4.02(a) that is prepared by it.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Sec Corp Ii Lb-Ubs Comm Mort Trust 2004-C4)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to either of the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementAgreements;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and;
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d); and
(v) each Updated Mortgage Loan Schedule described in Section 3.12(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer The Trustee shall provide promptly deliver to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably requesta copy of each statement or report described in Section 4.02.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 or Sangertown Square Event of Default that has not been cured;
(iii) the resignation or termination of the TrusteeFiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Trust Mortgage Loans by either of the Depositor or the UBS Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreementas contemplated by Section 2.03;
(v) any change in the location of the Distribution Collection Account or the Interest Reserve Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Trust Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Specially Serviced Trust Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 4.03(c3.11(h) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer The Trustee shall provide promptly deliver to each Rating Agency such other information with respect to a copy of each of the Mortgage Loans statements and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably requestreports described in Section 4.02(a) that is prepared by it.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Sec Corp Lb Ubs Com Mort Tr 2003-C8)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty Agency and the Controlling Class Representative 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 that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Trustee, the Fiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either any of the Mortgage Loan Sellers pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America applicable Mortgage Loan Purchase Agreement;
(v) any change in the location of the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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 TrusteeTrustee or the Fiscal Agent; and
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Officer's Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
(g) Notwithstanding any provision herein to the contrary each of the Master Servicer, the Special Servicer or the Trustee shall deliver to any Underwriter any report prepared by such party hereunder upon request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2004-C12)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the TrusteeFiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers Depositor pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementSECTION 2.03;
(v) any change in the location of the Distribution Collection Account or the Interest Reserve Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Specially Serviced Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section SECTION 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section SECTION 3.14;; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section SECTION 3.11(h), 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03A(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a) and SECTION 8.14(b), (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section SECTION 7.03(a) or Section SECTION 7.03(b)) and (iii) deliver to Fitch any of the materials that were delivered to the Trustee by the Master Servicer or the Special Servicer pursuant to SECTION 3.12(a) in respect of the Annapolis Mall Loan Pair and the Westfield Portfolio Loan Pair.
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each of the statements and reports described in SECTION 4.02
(a) that is prepared by it.
(g) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Sec Corp Com Mort Pas THR Certs Ser 2000-C3)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the TrusteeFiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the applicable Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementSection 2.03;
(v) any change in the location of the Distribution Account or the Interest Reserve Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Specially Serviced Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.133.14;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;3.15; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 3.12(d), 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03A(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) The Trustee shall promptly deliver to each Rating Agency a copy of each of the statements and reports described in Section 4.02(a) that is prepared by it.
(g) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the TrusteeFiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementSection 2.03;
(v) any change in the location of the Distribution Account or the Interest Reserve Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Specially Serviced Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer shall promptly furnish to each Rating Agency copies of the items described in clauses (i), (ii) and (iii) below, and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:items described in clauses (i) and (ii) below (to the extent not already delivered pursuant to Section 3.13 or 3.14):
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 3.11(h), 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03A(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b)) and (iii) deliver the items described in Section 11.11(d)(iii) with regard to the Special Servicer to each Rating Agency, to the extent it its possession.
(f) Each of the Trustee, the Master Servicer and the Special Servicer The Trustee shall provide promptly deliver to each Rating Agency such other information with respect to a copy of each of the Mortgage Loans statements and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably requestreports described in Section 4.02(a) that is prepared by it.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Fund Corp Comm Mort Tr 2003-C1)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either any of the Mortgage Loan Sellers pursuant to either of the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementAgreements;
(v) any change in the location of the Distribution Account;; and
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account or the Additional and Default Interest Distribution Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable lawlaw 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) To the extent applicableapplicable and not previously delivered, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered by it to the Trustee pursuant to Section 4.03(c) or 3.08; and;
(iv) each of the its inspection reports described in Section 3.12(a) and the statements and reports described in Sections Section 3.12(b), ; and
(v) each Updated Mortgage Loan Schedule described in Section 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a3.15 and Section 4.02(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Notices to Rating Agencies. (a) The Trustee shall use its best efforts promptly to provide notice to each the Rating Agency, the Swap Counterparty and the Controlling Class Representative Agencies 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special ServicerTrustee;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreement;
(v) any change in the location of the Distribution Account;; and
(viv) the final payment to any Class the Holders of Certificateholders; and
(vii) any sale or disposition the Certificates of any Mortgage Loan or REO PropertyClass.
(b) The Master Servicer shall use its best efforts promptly to provide notice to each the Rating Agency Agencies with respect to each of the following of which it has actual knowledge:
(i) the purchase of any Mortgage Loan pursuant to this Agreement;
(ii) the resignation or removal of the Trustee; and;
(iiiii) any change in the location of the Certificate Collection Account;
(iv) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; and
(v) any determination by the Servicer that a Servicing Advance or P&I Advance constitutes (or would, if made, constitute) a Nonrecoverable Servicing Advance or a Nonrecoverable P&I Advance, as the case may be.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each the Rating Agency Agencies copies of the following itemsfollowing:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; and
(iii) any Officers' Certificate delivered such other information that either Rating Agency may request that is readily available to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d)Servicer.
(ed) The Trustee shall (i) make available promptly furnish to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given the statement delivered to Certificateholders pursuant to Section 7.03(a) or Section 7.03(b)4.02.
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fdic Remic Trust 1996-C1)
Notices to Rating Agencies. (a) The Trustee shall use its best efforts promptly to provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreement;
(v) any change in the location of the Distribution Account;
(vi) the election of an Operating Adviser or an Extension Adviser; and
(vii) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(b) The Master Servicer shall use its best efforts promptly to 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
(ii) any change in the location of the Certificate Account.
(c) The Each of the Master Servicer and the Special Servicer Servicer, as the case may be, shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Master Servicer or the Special Servicer Servicer, as the case may be, can reasonably provide in accordance with applicable lawlaw and the related Mortgage Loan documents.
(d) To the extent applicable, each Each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies a copy of each notice, report document or other writing furnished by such party to the Trustee or to any Certificateholder, including, without limitation, the following itemsitems to the extent permitted by applicable law:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Officer's Certificate delivered to the Trustee pursuant to Section 4.03(c) ), 3.29 or 3.083.20(g); and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d(b).
(e) The Trustee shall (i) make available available, at the office primarily responsible for administration of the Trust Fund, to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a) 8.14 and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer The Trustee shall provide promptly deliver to each Rating Agency such a copy of each notice, report, document or other information with respect writing furnished by the Trustee to any Certificateholder, including, without limitation, the Mortgage Loans and the Certificates, statement to the extent such party possesses such information, as such Rating Agency shall reasonably requestCertificateholders described in Section 4.02(a).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Brothers Mortgage Securities Vii Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 that has not been cured;
(iii) the resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either of the Mortgage Loan Sellers pursuant to either of the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase AgreementAgreements;
(v) any change in the location of the Distribution Account;; and
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and;
(iv) each of the inspection reports described in Section 3.12(a) and the statements and reports described in Sections Section 3.12(b), ; and
(v) each Updated Mortgage Loan Schedule described in Section 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer The Trustee shall provide promptly deliver to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably requesta copy of each statement or report described in Section 4.02.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty Agency and the Controlling Class Representative 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 that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Trustee, the Master Servicer or the Special Servicer;
(iv) the repurchase of Mortgage Loans by either any of the Mortgage Loan Sellers pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America applicable Mortgage Loan Purchase Agreement;
(v) any change in the location of the Servicing Accounts, the Interest Reserve Accounts, the Certificate Account, the Gain-on-Sale Reserve Account, the Companion Distribution Account or the Distribution Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Defaulted Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;
(iii) any Officers' Officer's Certificate delivered to the Trustee pursuant to Section 4.03(c) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class Representative, upon reasonable notice, the items described in Section 3.15(a) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer shall provide to each Rating Agency such other information with respect to the Mortgage Loans and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably request.
(g) Notwithstanding any provision herein to the contrary each of the Master Servicer, the Special Servicer or the Trustee shall deliver to any Underwriter any report prepared by such party hereunder upon request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C16)
Notices to Rating Agencies. (a) The Trustee shall promptly provide notice to each Rating Agency, the Swap Counterparty and the Controlling Class Representative 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 or GIC Office Event of Default that has not been cured;
(iii) the resignation or termination of the Trusteeany Fiscal Agent, the Master Servicer or the Special Servicer;
(iv) the repurchase of Trust Mortgage Loans by either of the Depositor or the UBS Mortgage Loan Sellers Seller pursuant to the First Union Mortgage Loan Purchase Agreement or the Bank of America Mortgage Loan Purchase Agreementas contemplated by Section 2.03;
(v) any change in the location of the Distribution Collection Account or the Interest Reserve Account;
(vi) the final payment to any Class of Certificateholders; and
(vii) any sale or disposition of any Trust Mortgage Loan or REO Property.
(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
(ii) any change in the location of the Certificate any Custodial Account.
(c) The Special Servicer shall furnish each Rating Agency and the Controlling Class Representative with respect to a non-performing or defaulted Specially Serviced Mortgage Loan such information as the Rating Agency or Controlling Class Representative shall reasonably request and which the Special Servicer can reasonably provide in accordance with applicable law, with copies to the Trustee.
(d) To the extent applicable, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following items:
(i) each of its annual statements as to compliance described in Section 3.13;
(ii) each of its annual independent public accountants' servicing reports described in Section 3.14;; and
(iii) any Officers' Officer's Certificate delivered by it to the Trustee pursuant to Section 4.03(c3.11(h) or 3.08; and
(iv) each of the reports described in Section 3.12(a) and the statements and reports described in Sections 3.12(b), 3.12(c) and 3.12(d4.03(c).
(e) The Trustee shall (i) make available to each Rating Agency and the Controlling Class RepresentativeAgency, upon reasonable notice, the items described in Section 3.15(a8.14(b) and (ii) promptly deliver to each Rating Agency and the Controlling Class Representative a copy of any notices given pursuant to Section 7.03(a) or Section 7.03(b).
(f) Each of the Trustee, the Master Servicer and the Special Servicer The Trustee shall provide promptly deliver to each Rating Agency such other information with respect to a copy of each of the Mortgage Loans statements and the Certificates, to the extent such party possesses such information, as such Rating Agency shall reasonably requestreports described in Section 4.02(a) that is prepared by it.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Sec Corp Lb-Ubs Comm Mort Trust 2004-C2)
