Common use of Notices to the Rating Agencies Clause in Contracts

Notices to the Rating Agencies. (a) The Certificate Administrator shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination Event that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.

Appears in 15 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C18), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C16), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C16)

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Notices to the Rating Agencies. (a) The Certificate Administrator shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency the related 17g-5 information provider for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination Event that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website Website pursuant to Section 3.15(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (ed) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items. In connection with the delivery by the Master Servicer or Special Servicer to the 17g-5 Information Provider of any information, report, notice or document for posting to the 17g-5 Information Provider Website, the 17g-5 Information Provider shall notify the Master Servicer or Special Servicer when such information, report, notice or document has been posted. The Master Servicer or Special Servicer, as applicable, may, but shall not be obligated to send such information, report, notice or document to the applicable Rating Agency following the earlier of (a) receipt of such notice from the 17g-5 Information Provider and (b) two Business Days following delivery to the 17g-5 Information Provider.

Appears in 13 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C22), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C21), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C21)

Notices to the Rating Agencies. (a) The Certificate Administrator shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c3.13(c), and thereafter to each Rating Agency (and any rating agency the related 17g-5 information provider for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination Event that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer Servicer, the Asset Representations Reviewer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant to Section 6 5 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website Website pursuant to Section 3.15(c3.13(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (ii) any change in the location of the Certificate Collection Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then then-aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c3.13(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (ed) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c3.13(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 13.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items. In connection with the delivery by the Master Servicer or the Special Servicer to the 17g-5 Information Provider of any information, report, notice or document for posting to the 17g-5 Information Provider’s Website, the 17g-5 Information Provider shall notify the Master Servicer or the Special Servicer when such information, report, notice or document has been posted. The Master Servicer or the Special Servicer, as the case may be, may, but shall not be obligated to, send such information, report, notice or document to the applicable Rating Agency so long as such information, report, notice or document (i) was previously provided to the 17g-5 Information Provider or (ii) is simultaneously provided, by 2:00 p.m. (New York City time) on any Business Day, to the 17g-5 Information Provider.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2016-Bnk2), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2017-Gs7), Pooling and Servicing Agreement (UBS Commercial Mortgage Trust 2017-C1)

Notices to the Rating Agencies. (a) The Certificate Administrator shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c3.13(c), and thereafter to each Rating Agency (and any rating agency the related 17g-5 information provider for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination Event that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer Servicer, the Asset Representations Reviewer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website Website pursuant to Section 3.15(c3.13(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (ii) any change in the location of the Certificate Collection Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and; (viii) any release or substitution of any Mortgaged Property; (ix) any additional debt is incurred; and (x) any modifications to any intercreditor agreement. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c3.13(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (ed) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c3.13(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 13.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items. In connection with the delivery by the Master Servicer or the Special Servicer to the 17g-5 Information Provider of any information, report, notice or document for posting to the 17g-5 Information Provider’s Website, the 17g-5 Information Provider shall notify the Master Servicer or the Special Servicer when such information, report, notice or document has been posted. The Master Servicer or the Special Servicer, as applicable, may, but shall not be obligated to send such information, report, notice or document to the applicable Rating Agency following the earlier of (a) receipt of such notice from the 17g-5 Information Provider and (b) two Business Days following delivery to the 17g-5 Information Provider.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (GS Mortgage Securities Trust 2018-Gs9), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2017-C42), Pooling and Servicing Agreement (Bank 2017-Bnk9)

Notices to the Rating Agencies. (a) The Certificate Administrator shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency the related 17g-5 information provider for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination Event that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans or Trust Companion Loans by the related Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website Website pursuant to Section 3.15(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan or Trust Companion Loan with respect to an assumption of the Mortgage Loan or Trust Companion Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan or Trust Companion Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan or Trust Companion Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (ed) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan and each Trust Companion Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan or Trust Companion Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items. In connection with the delivery by the Master Servicer or Special Servicer to the 17g-5 Information Provider of any information, report, notice or document for posting to the 17g-5 Information Provider Website, the 17g-5 Information Provider shall notify the Master Servicer or Special Servicer when such information, report, notice or document has been posted. The Master Servicer or Special Servicer, as applicable, may, but shall not be obligated to send such information, report, notice or document to the applicable Rating Agency following the earlier of (a) receipt of such notice from the 17g-5 Information Provider and (b) two Business Days following delivery to the 17g-5 Information Provider.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C25), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C24), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C23)

Notices to the Rating Agencies. (a) The Certificate Administrator Any notices or documents required to be delivered to the Rating Agencies under this Agreement and any other information regarding the Trust Fund as may be reasonably requested by the Rating Agencies from any party hereto to the extent such party has or can obtain such information without unreasonable effort or expense shall use reasonable efforts promptly be delivered to provide notice the Rating Agencies at the addresses set forth below; provided, however, that such information is first provided to the 17g-5 Information Provider in accordance with the procedures set forth in Section 8.14(b); provided, further, that responses, information, reports and communications with respect to any Rating Agency Inquiry conducted or submitted on the Rating Agency Q&A Forum and Document Request Tool shall not be required to be delivered to the 17g-5 Information Provider. In connection with the delivery by the Servicer or the Special Servicer to the 17g-5 Information Provider of any information, report, notice or document for posting on to the 17g-5 Information Provider’s Website pursuant to Section 3.15(c)Website, and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination Event that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on shall notify the 17g-5 Information Provider’s website pursuant to Section 3.15(c), with respect to each of the following of which it has actual knowledge: (i) the resignation Servicer or removal of the Trustee or the Certificate Administrator; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish of when such information, report, notice or document has been posted to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Website. The Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect may, but is not obligated to, send such information, report, notice or other document to the applicable Rating Agency so long as such information, report, notice or document (a) was previously provided to the 17g-5 Information Provider or (b) is simultaneously provided to the 17g-5 Information Provider. The 17g-5 Information Provider shall not disclose which Rating Agency has requested such information. Notwithstanding anything the foregoing, the failure to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative deliver such notices or copies shall not constitute a Servicer Termination Event or Special Servicer Termination Event, as the case may be, under this Agreement. Any confirmation of the rating by the Rating Agencies required hereunder shall be in writing. Any notices to the Rating Agencies with respect shall be sent to any of the above listed items.following addresses: S&P Global Ratings 00 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Commercial Mortgage Surveillance Manager Email: xxxx_xxxx_00x0@xxxxxxxxxxxxxxxx.xxx Xxxxx Bond Rating Agency, Inc. 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Email: xxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx

Appears in 3 contracts

Samples: Trust and Servicing Agreement (Citigroup Commercial Mortgage Trust 2016-P6), Trust and Servicing Agreement (Citigroup Commercial Mortgage Trust 2016-P5), Trust and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2016-C30)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) Swap Counterparty 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% [5]% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $[35,000,000]; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c)Upon written request, and thereafter to the Rating Agencies each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, Servicer shall promptly furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (copies of inspection reports and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect other items delivered to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect Servicer pursuant to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed itemsSections 3.12(a) and 3.12(b).

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Special Servicer or the Special ServicerREMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (ivvi) the repurchase or substitution of any Mortgage Loans Loan by the related Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement2.03. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), [each] Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or and the Certificate Administratorappointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee;] (iv) any change material casualty at or condemnation or eminent domain proceeding in the lien priority respect of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08;a Mortgaged Property; and (v) any additional lease to the vacating by an anchor tenant or termination of any existing lease to an anchor tenant at a retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies Each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicablethe case may be, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) such information with respect to each the Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information Loans as any the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer, as the case may be, can reasonably provide. (d) Each of the Master Servicer and the Special Servicer shall promptly furnish to [each] Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, upon request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish to each Rating Agency on a monthly basis copies of the statements to the Holders of the REMIC II Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies by any of the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating Servicer pursuant to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.09, shall require a party to provide duplicative notices be so delivered or copies to the Rating Agencies with respect to any of the above listed itemsotherwise made available through an electronic medium.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp), Pooling and Servicing Agreement (Nationslink Funding Corp), Pooling and Servicing Agreement (Nationslink Funding Corp)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency and the Swap Counterparty (and any rating agency Rating Agency for any class of Serviced securities backed wholly or partially by any Companion Loan Securities to the extent applicable to any the Serviced Whole LoanLoans) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorTrustee, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the any Certificate AccountAccounts; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency (and any Rating Agency for any class of securities backed wholly or partially by any Companion Loan to the extent applicable to the Serviced Whole Loans) copies of inspection reports and other items delivered to each of the Master Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Trustee shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency for any class of Serviced securities backed wholly or partially by any Companion Loan Securities to the extent applicable to any the Serviced Whole LoanLoans) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp11), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp11)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Pas THR CRT Ser 2002 Cibc5), Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Pass THR Cert Se 2003 C1)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Special Servicer or the Special ServicerREMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (ivvi) the repurchase or substitution of any Mortgage Loans Loan by the related Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 6 of the related Mortgage Loan Purchase Agreement2.03. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or and the Certificate Administratorappointment of a successor; (ii) any change in the location of the Certificate Collection Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change material casualty at or condemnation or eminent domain proceeding in the lien priority respect of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08;a Mortgaged Property; and (v) any additional lease to the vacating by an anchor tenant or termination of any existing lease to an anchor tenant at a retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies Each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicablethe case may be, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) such information with respect to each the Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information Loans as any the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer, as the case may be, can reasonably provide. (d) Each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, upon request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish to each Rating Agency on a monthly basis copies of the statements to the Holders of the REMIC III Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies by any of the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating Servicer pursuant to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.09, shall require a party to provide duplicative notices be so delivered or copies to the Rating Agencies with respect to any of the above listed itemsotherwise made available through an electronic medium.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc), Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Special Servicer or the Special ServicerREMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (ivvi) the repurchase or substitution of any Mortgage Loans Loan by the related Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 6 of the related Mortgage Loan Purchase Agreement2.03. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or and the Certificate Administratorappointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change material casualty at or condemnation or eminent domain proceeding in the lien priority respect of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08;a Mortgaged Property; and (v) any additional lease to the vacating by an anchor tenant or termination of any existing lease to an anchor tenant at a retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies Each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicablethe case may be, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) such information with respect to each the Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information Loans as any the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer, as the case may be, can reasonably provide. (d) Each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, upon request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish to each Rating Agency on a monthly basis copies of the statements to the Holders of the REMIC II Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies by any of the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating Servicer pursuant to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.09, shall require a party to provide duplicative notices be so delivered or copies to the Rating Agencies with respect to any of the above listed itemsotherwise made available through an electronic medium.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc), Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c)Upon written request, and thereafter to the Rating Agencies of (i) any change in the location each of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, Servicer shall promptly furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (copies of inspection reports and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect other items delivered to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which of the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect Servicer pursuant to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed itemsSections 3.12(a) and 3.12(b).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Ps THR Certs Ser 2003-Ln1), Pooling and Servicing Agreement (Jp Morgan Chase Com Sec Corp Pass Thru Cert Ser 2003-Cibc6)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and; (iv) any change in the location of either of the Distribution Accounts; (v) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement; and (vi) the final payment to any Class of Certificateholders. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account;; and (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Paying Agent or the Trustee. (c) Each of the Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; (ii) inspection reports and other items delivered to each of the Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b); (iii) each of its annual independent public accountants' servicing reports described in Section 3.14; (iv) any change in the lien priority of any Mortgage Loan a Collection Report with respect to an assumption of the Mortgage Loan or additional encumbrance described in each Distribution Date required to be delivered pursuant to Section 3.08;4.02(b); and (v) any additional lease each waiver and consent provided pursuant to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged PropertySection 3.08. (c) [Reserved.] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any copy of the above listed items.statement to Certificateholders distributed pursuant to Section 4.02(a). [End of Article XI] 155

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency and/or Moody's for any class of Serviced Grace Building Companion Loan Securities to the extent applicable xxxxxxxble to any Serviced the Grace Building Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorTrustee , the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c)Upon written request, and thereafter to the Rating Agencies of (i) any change in the location each of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, Servicer shall promptly furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency and/or Moody's for any class of Serviced Grace Building Companion Loan Securities to the extent applicable xxxxxxxble to any Serviced the Grace Building Whole Loan) with respect copies of inspection reports and other items delivered to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which of the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect Servicer pursuant to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed itemsSections 3.12(a) and 3.12(b).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates, Series 2004-C2), Pooling and Servicing Agreement (J.P.Morgan Chase Commercial Mortgage Securities Series 2004-Cibc9)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency and the Swap Counterparty (and any rating agency Rating Agency for any class of Serviced securities backed wholly or partially by any Companion Loan Securities to the extent applicable to any the Serviced Whole LoanLoans) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorTrustee, the any Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Each Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the any Certificate AccountAccounts; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicers and the Special Servicer shall promptly furnish to each Rating Agency (and any Rating Agency for any class of securities backed wholly or partially by any Companion Loan to the extent applicable to the Serviced Whole Loans) copies of inspection reports and other items delivered to each of the Master Servicers and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Trustee shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorCo-Trustee, the each Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency for any class of Serviced securities backed wholly or partially by any Companion Loan Securities to the extent applicable to any the Serviced Whole LoanLoans) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorCo-Trustee, the such Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate AdministratorCo-Trustee, the each Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp10), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp10)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c)Upon written request, and thereafter to the Rating Agencies of (i) any change in the location each of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, Servicer shall promptly furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (copies of inspection reports and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect other items delivered to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which of the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect Servicer pursuant to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed itemsSections 3.12(a) and 3.12(b).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Comm Mort Pass THR Certs Ser 2003-Pm1), Pooling and Servicing Agreement (Jp Mortgage Chase Comm Mort Pass THR Certs Ser 2004-Cibc8)

Notices to the Rating Agencies. (a) The Certificate Administrator shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency the related 17g-5 information provider for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination Event that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans or the Trust Companion Loan by the related Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website Website pursuant to Section 3.15(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan or the Trust Companion Loan with respect to an assumption of the Mortgage Loan or the Trust Companion Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan or the Trust Companion Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and the Trust Companion Loan and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan or the Trust Companion Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (ed) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan and the Trust Companion Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan or Trust Companion Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items. In connection with the delivery by the Master Servicer or Special Servicer to the 17g-5 Information Provider of any information, report, notice or document for posting to the 17g-5 Information Provider Website, the 17g-5 Information Provider shall notify the Master Servicer or Special Servicer when such information, report, notice or document has been posted. The Master Servicer or Special Servicer, as applicable, may, but shall not be obligated to send such information, report, notice or document to the applicable Rating Agency following the earlier of (a) receipt of such notice from the 17g-5 Information Provider and (b) two Business Days following delivery to the 17g-5 Information Provider.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C23), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C22)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency and the Swap Counterparty (and any rating agency Rating Agency for any class of Serviced Companion Loan Securities to the extent applicable to any the Serviced Whole LoanLoans) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorTrustee, the Paying Agent, any Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Each Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the any Certificate AccountAccounts; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicers and the Special Servicer shall promptly furnish to each Rating Agency (and any Rating Agency for any Companion Loan Securities to the extent applicable to the Serviced Whole Loans) copies of inspection reports and other items delivered to each of the Master Servicers and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the each Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency for any class of Serviced Companion Loan Securities to the extent applicable to any the Serviced Whole LoanLoans) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the such Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the each Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Ldp9), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Ldp9)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall be obligated to use its best reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been curedcured or waived; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; andTrustee; (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant final payment to Section 6 Holders of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), with respect to each Certificates of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administratorany Class; (iiv) any change in the location of the Certificate any Account;; and (iiivi) if the Trustee is acting as a successor Master Servicer pursuant to Section 7.02 hereof, any event that would result in the voluntary or involuntary termination of any insurance inability of the accounts of the Trustee;Trustee to make Advances. (ivb) any change in the lien priority The Securities Administrator shall promptly furnish or make available to each Rating Agency copies of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance each Distribution Date Statement described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property5.04 hereof. (c) [ReservedThe Master Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each annual statement as to compliance described in Section 3.16 hereof; (ii) each annual independent public accountants’ servicing report described in Section 3.17 hereof; and (iii) each notice delivered pursuant to Section 5.05 hereof which relates to the fact that the Master Servicer has not made an Advance.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter All notices to the Rating Agencies of (i) any change provided for in the location of the Distribution Accounts this Agreement shall be in writing and (ii) the final payment to any Class of Certificateholders. (e) The Trusteesent by first class mail, the Certificate Administrator, the Master Servicer and the Special Servicertelecopy or overnight courier, as applicablefollows: If to S&P, shall furnish to: Standard & Poor’s Ratings Services, a Division of The XxXxxx-Xxxx Companies, Inc. 00 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Residential Mortgages If to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant Moody’s, to: Xxxxx’x Investors Service, Inc. 00 Xxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Residential Mortgages If to Section 3.15(c)Fitch, and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trusteeto: Fitch Ratings, the Certificate AdministratorInc. Xxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.Xxx Xxxx 00000

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Harbor View Mortgage Loan Trust 2005-14)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and; (iv) any change in the location of either of the Distribution Accounts; (v) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement; and (vi) the final payment to any Class of Certificateholders. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account;; and (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08Loan; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedEach of the Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; (ii) inspection reports and other items delivered to each of the Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b); (iii) each of its annual independent public accountants' servicing reports described in Section 3.14; (iv) a Collection Report with respect to each Distribution Date required to be delivered pursuant to Section 4.02(b); and (v) each waiver and consent provided pursuant to Section 3.08.] (d) The Certificate Administrator Trustee shall promptly furnish notice to each Rating Agency a copy of the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website statement to Certificateholders distributed pursuant to Section 3.15(c4.02(a), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-attorney client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any [End of the above listed items.Article XI]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Manhattan Bk First Union Na Bk Com Mor Tr Ser 1999-1)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account;; and (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Paying Agent or the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08Loan; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedEach of the Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; (ii) inspection reports and other items delivered to each of the Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b); (iii) each of its annual independent public accountants' servicing reports described in Section 3.14; and (iv) each waiver and consent provided pursuant to Section 3.08.] (d) The Certificate Administrator Paying Agent shall promptly furnish to each Rating Agency a copy of the Statement to Certificateholders distributed pursuant to Section 4.02(a) and shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of either of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XI]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Commercial Mort Sec Corp Com Mor Pa Th Ce Ser 2000-2)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the any Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Each Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the any Certificate AccountAccounts; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicer and the Special Servicers shall promptly furnish to each Rating Agency copies of inspection reports and other items delivered to each of the Master Servicers and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the each Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the such Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the each Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Cibc19)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and; (iv) any change in the location of either of the Distribution Accounts; (v) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement; and (vi) the final payment to any Class of Certificateholders. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account;; and (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Paying Agent or the Trustee;. (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08Loan; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedEach of the Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; (ii) inspection reports and other items delivered to each of the Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b); (iii) each of its annual independent public accountants' servicing reports described in Section 3.14; (iv) a Collection Report with respect to each Distribution Date required to be delivered pursuant to Section 4.02(b); and (v) each waiver and consent provided pursuant to Section 3.08.] (d) The Certificate Administrator Paying Agent shall promptly furnish to each Rating Agency a copy of the Distribution Date Statement distributed pursuant to Section 4.02(a) and shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of either of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-attorney client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XI]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ge Capital Commercial Mortgage Corp)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c)Upon written request, and thereafter to the Rating Agencies each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, Servicer shall promptly furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (copies of inspection reports and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect other items delivered to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect Servicer pursuant to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed itemsSections 3.12(a) and 3.12(b).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency for any class Bank of Serviced America Plaza Companion Loan Securities to the extent applicable to any Serviced the Bank of America Plaza Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency (and any Rating Agency for any Bank of America Plaza Companion Loan Securities to the extent applicable to the Bank of America Plaza Whole Loan) copies of inspection reports and other items delivered to each of the Master Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency for any class Bank of Serviced America Plaza Companion Loan Securities to the extent applicable to any Serviced the Bank of America Plaza Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Cibc17)

Notices to the Rating Agencies. (a) The Certificate Securities Administrator shall be obligated to use its best reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) Agencies with respect to each of the following of which it a Responsible Officer of the Securities Administrator has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of a Servicer Termination any Event of Default that has not been curedcured or waived; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Servicer Securities Administrator or the Special Servicer; andTrustee; (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant final payment to Section 6 Holders of the related Mortgage Loan Purchase Agreement.Certificates of any Class; and (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (iiv) any change in the location of the Certificate any Account;. (iiib) If the Trustee is acting as a successor Master Servicer pursuant to Section 7.02 hereof, the Trustee shall notify the Rating Agencies of any event that would result in the voluntary or involuntary termination of any insurance inability of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect Trustee to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Propertymake Advances as successor Master Servicer. (c) [ReservedThe Securities Administrator shall promptly furnish to each Rating Agency copies of the following, unless such documents were made available on the Securities Administrator’s website: (i) each Distribution Date Statement described in Section 5.04 hereof; (ii) each annual statement as to compliance described in Section 3.05 hereof; (iii) each annual assessment of compliance and attestation report described in Section 3.17 hereof; and (iv) each notice delivered to the Securities Administrator pursuant to Section 5.05(b) hereof which relates to the fact that the Master Servicer has not made an Advance.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter All notices to the Rating Agencies of (i) any change provided for in the location of the Distribution Accounts this Agreement shall be in writing and (ii) the final payment to any Class of Certificateholders. (e) The Trusteesent by first class mail, the Certificate Administrator, the Master Servicer and the Special Servicertelecopy or overnight courier, as applicablefollows: If to Fitch, shall furnish to: Fitch Ratings, Inc. Xxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Residential Mortgages If to the 17g-5 Information Provider for posting on the 17g-5 Information ProviderS&P, to: Standard & Poor’s Website pursuant to Section 3.15(c)Ratings Services, and thereafter to each Rating Agency (and any rating agency for any class a division of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any NonThe XxXxxx-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the TrusteeXxxx Companies, the Certificate AdministratorInc. 00 Xxxxx Xxxxxx Xxx Xxxx, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.Xxx Xxxx 00000 Attention: Residential Mortgages

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HarborView 2006-13)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and; (iv) any change in the location of either of the Distribution Accounts; (v) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant to Section 6 3.3 of the related Mortgage Loan Purchase and Sale Agreement; and (vi) the final payment to any Class of Certificateholders. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account;; and (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Paying Agent or the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08Loan; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000Loans; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency for any class of Serviced CenterPoint I Companion Loan Securities to the extent applicable to any Serviced the CenterPoint I Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency (and any Rating Agency for any CenterPoint I Companion Loan Securities to the extent applicable to the CenterPoint I Whole Loan) copies of inspection reports and other items delivered to each of the Master Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any Rating Agency rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole LoanCenterPoint I Securities) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (JP Morgan Chase Commercial Mortgage Securities Trust 2006-Cibc14)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of inspection reports and other items delivered to each of the Master Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XI]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates, Series 2004-C3)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) Swap Counterparty 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the any Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Each Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the any Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicers and the Special Servicer shall promptly furnish to each Rating Agency copies of inspection reports and other items delivered to each of the Master Servicers and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the each Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the such Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the each Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XI]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp4)

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Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable best efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and; (iv) any change in the location of either of the Distribution Accounts; (v) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant to Section 6 3.3 of the related Mortgage Loan Purchase and Sale Agreement; and (vi) the final payment to any Class of Certificateholders. (b) The Master Servicer shall use reasonable best efforts consistent with the Servicing Standard promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account;; and (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Paying Agent or the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08Loan; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000Loans; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of inspection reports and other items delivered to each of the Master Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XI]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and; (iv) any change in the location of either of the Distribution Accounts; (v) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement; and (vi) the final payment to any Class of Certificateholders. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account;; and (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Paying Agent or the Trustee. (c) Each of the Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; (ii) inspection reports and other items delivered to each of the Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b); (iii) each of its annual independent public accountants' servicing reports described in Section 3.14; (iv) any change in the lien priority of any Mortgage Loan a Collection Report with respect to an assumption of the Mortgage Loan or additional encumbrance described in each Distribution Date required to be delivered pursuant to Section 3.08;4.02(b); and (v) any additional lease each waiver and consent provided pursuant to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged PropertySection 3.08. (c) [Reserved.] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any copy of the above listed items.statement to Certificateholders distributed pursuant to Section 4.02(a). [End of Article XI]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency for any class of Serviced securities backed wholly or partially by any Companion Loan Securities to the extent applicable to any the Serviced Whole LoanLoans) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorTrustee, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the any Certificate AccountAccounts; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency (and any Rating Agency for any class of securities backed wholly or partially by any Companion Loan to the extent applicable to the Serviced Whole Loans) copies of inspection reports and other items delivered to each of the Master Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Trustee shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency for any class of Serviced securities backed wholly or partially by any Companion Loan Securities to the extent applicable to any the Serviced Whole LoanLoans) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp12)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency and the Swap Counterparty (and any rating agency Rating Agency for any class of Serviced Companion Loan Securities to the extent applicable to any the Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency (and any Rating Agency for any class of Serviced Companion Loan Securities to the extent applicable to the Serviced Whole Loan) copies of inspection reports and other items delivered to each of the Master Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency Rating Agency for any class of Serviced Companion Loan Securities to the extent applicable to any the Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Cibc20)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Special Servicer or the Special ServicerREMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (ivvi) the repurchase or substitution of any Mortgage Loans Loan by the related Mortgage Loan Seller or an Additional Warranting Party, as applicable, pursuant to Section 6 of the related Mortgage Loan Purchase Agreement2.03. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or and the Certificate Administratorappointment of a successor; (ii) any change in the location of the Certificate Collection Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change material casualty at or condemnation or eminent domain proceeding in the lien priority respect of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08;a Mortgaged Property; and (v) any additional lease to the vacating by an anchor tenant or termination of any existing lease to an anchor tenant at a retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies Each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicablethe case may be, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) such information with respect to each the Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information Loans as any the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer, as the case may be, can reasonably provide. (d) Each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, upon request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish to each Rating Agency on a monthly basis copies of the statements to the Holders of the REMIC III Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies by any of the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating Servicer pursuant to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.09, shall require a party to provide duplicative notices be so delivered or copies to the Rating Agencies with respect to any of the above listed itemsotherwise made available through an electronic medium.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

Notices to the Rating Agencies. (a) The Certificate Securities Administrator shall be obligated to use its best reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each of the following of which it a Responsible Officer of the Securities Administrator has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of a Servicer Termination any Event of Default that has not been curedcured or waived; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Servicer Securities Administrator or the Special Servicer; andTrustee; (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant final payment to Section 6 Holders of the related Mortgage Loan Purchase Agreement.Certificates of any Class; and (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (iiv) any change in the location of the Certificate any Account;. (iiib) If the Trustee is acting as a successor Master Servicer pursuant to Section 7.02 hereof, the Trustee shall notify the Rating Agencies of any event that would result in the voluntary or involuntary termination of any insurance inability of the accounts Trustee to make Advances as successor Master Servicer. The Master Servicer shall promptly furnish to each Rating Agency copies of the Trusteefollowing, unless such documents were made available on the Securities Administrator’s website: (i) each annual statement as to compliance described in Section 3.17 hereof; (ivii) any change in the lien priority each annual assessment of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance compliance and attestation report described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan3.16 hereof; and (viiiiii) any release or substitution of any Mortgaged Propertyeach Officer’s Certificate delivered pursuant to Section 5.05(b) hereof which relates to the fact that the Master Servicer has elected not to make an Advance. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter All notices to the Rating Agencies of (i) any change provided for in the location of the Distribution Accounts this Agreement shall be in writing and (ii) the final payment to any Class of Certificateholders. (e) The Trusteesent by first class mail, the Certificate Administrator, the Master Servicer and the Special Servicertelecopy or overnight courier, as applicablefollows: If to Fitch, shall furnish to: Fitch Ratings, Inc. Oxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Residential Mortgages If to the 17g-5 Information Provider for posting on the 17g-5 Information ProviderS&P, to: Standard & Poor’s Website pursuant Ratings Services, a division of The MxXxxx-Xxxx Companies, Inc. 50 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Residential Mortgages If to Section 3.15(c)Moody’s, and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trusteeto: Mxxxx’x Investors Service, the Certificate AdministratorInc. 90 Xxxxxx Xxxxxx Xxx Xxxx, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.Xxx Xxxx 00000 Attention: Residential Mortgages

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Harborview 2006-2)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c)Upon written request, and thereafter to the Rating Agencies each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, Servicer shall promptly furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (copies of inspection reports and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect other items delivered to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect Servicer pursuant to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed itemsSections 3.12(a) and 3.12(b).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates, Series 2004-C2)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Special Servicer or the Special ServicerREMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (ivvi) the repurchase or substitution of any Mortgage Loans Loan by the related Mortgage Loan Seller or the Additional Warranting Party, as applicable, pursuant to Section 6 of the related Mortgage Loan Purchase Agreement2.03. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or and the Certificate Administratorappointment of a successor; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change material casualty at or condemnation or eminent domain proceeding in the lien priority respect of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08;a Mortgaged Property; and (v) any additional lease to the vacating by an anchor tenant or termination of any existing lease to an anchor tenant at a retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies Each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicablethe case may be, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) such information with respect to each the Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information Loans as any the Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer, as the case may be, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms provide. (d) Each of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and the Special ServicerServicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, upon request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies will be acceptable to the Rating Agencies with respect to Agency) of any of the above listed itemswritten reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b) or Section 4.02(b). (e) The Trustee shall promptly furnish to each Rating Agency on a monthly basis copies of the statements to the Holders of the REMIC II Regular Certificates required by the first paragraph of Section 4.02(a).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Special Servicer or the Special ServicerTax Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account or the Interest Reserve Account; (v) the final payment to any Class of Certificateholders; and (ivvi) the repurchase or substitution of Mortgage Loans by the related any Mortgage Loan Seller by Llama or SBRC, as applicable, pursuant to Section 6 of the related Mortgage Loan Purchase Agreement2.03. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or and the Certificate Administratorappointment of a successor; (ii) any change in the location of the Certificate Collection Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change material casualty at or condemnation or eminent domain proceeding in the lien priority respect of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08;a Mortgaged Property; and (v) any additional lease to the vacating by an anchor tenant or termination of any existing lease to an anchor tenant at a retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies Each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicablethe case may be, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) such information with respect to each the Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information Loans as any the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer, as the case may be, can reasonably provide. (d) Each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, upon request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish to each Rating Agency on a monthly basis copies of the statements to the Holders of the REMIC III Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies by any of the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating Servicer pursuant to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.09, shall require a party to provide duplicative notices be so delivered or copies to the Rating Agencies with respect to any of the above listed itemsotherwise made available through an electronic medium.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Com Mor Pas THR Cer Se 1999-C1)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and; (iv) any change in the location of either of the Distribution Accounts; (v) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement; and (vi) the final payment to any Class of Certificateholders. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account;; and (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Paying Agent or the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08Loan; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000Loans; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedEach of the Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; (ii) inspection reports and other items delivered to each of the Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b); (iii) each of its annual independent public accountants' servicing reports described in Section 3.14; (iv) a Collection Report with respect to each Distribution Date required to be delivered pursuant to Section 4.02(b); and (v) each waiver and consent provided pursuant to Section 3.08.] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any copy of the above listed items.statement to Certificateholders distributed pursuant to Section 4.02(a). [End of Article XI]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default hereunder that has not been cured; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Special Servicer or the Special ServicerREMIC Administrator and the appointment of a successor; (iv) any change in the location of the Distribution Account; (v) the final payment to any Class of Certificateholders; and (ivvi) the repurchase or substitution of Mortgage Loans by the related any Mortgage Loan Seller by CREI or SBRC, as applicable, pursuant to Section 6 of the related Mortgage Loan Purchase Agreement2.03. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or and the Certificate Administratorappointment of a successor; (ii) any change in the location of the Certificate Collection Account or the Interest Reserve Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change material casualty at or condemnation or eminent domain proceeding in the lien priority respect of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08;a Mortgaged Property; and (v) any additional lease to the vacating by an anchor tenant or termination of any existing lease to an anchor tenant at a retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies Each of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicablethe case may be, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) such information with respect to each the Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information Loans as any the Rating Agency shall reasonably request and which the Master Servicer or the Special Servicer, as the case may be, can reasonably provide. (d) Each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; and (ii) each of its annual independent public accountants' servicing reports described in Section 3.14, if any. In addition, upon request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies or summaries (in such format as will be acceptable to the Rating Agency) of any of the written reports (including, without limitation, reports regarding property inspections) prepared, and any of the quarterly and annual operating statements, rent rolls and financial statements collected, by it pursuant to Section 3.12(b). (e) The Trustee shall promptly furnish to each Rating Agency on a monthly basis copies of the statements to the Holders of the REMIC III Regular Certificates required by the first paragraph of Section 4.02(a). (f) To the extent reasonably possible, all information and reports delivered or made available to the Rating Agencies by any of the Trustee, the Certificate Administrator, the Master Servicer or the Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating Servicer pursuant to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.09, shall require a party to provide duplicative notices be so delivered or copies to the Rating Agencies with respect to any of the above listed itemsotherwise made available through an electronic medium.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and; (iv) any change in the location of either of the Distribution Accounts; (v) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement; and (vi) the final payment to any Class of Certificateholders. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account;; and (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Paying Agent or the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08Loan; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000Loans; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedEach of the Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each of its annual statements as to compliance described in Section 3.13; (ii) inspection reports and other items delivered to each of the Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b); (iii) each of its annual independent public accountants' servicing reports described in Section 3.14; (iv) a Collection Report with respect to each Distribution Date required to be delivered pursuant to Section 4.02(b); and (v) each waiver and consent provided pursuant to Section 3.08.] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any copy of the above listed items.statement to Certificateholders distributed pursuant to Section 4.02(a). [End of Article XI]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency and the Swap Counterparty (and any rating agency Rating Agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced the One & Two Prudential Plaza Whole Loan or the San Valiente Whole Loan) with respect to each of the following of which it has actual xxx xxxxal knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorTrustee, the Paying Agent, any Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Each Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the any Certificate AccountAccounts; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicers and the Special Servicer shall promptly furnish to each Rating Agency (and any Rating Agency for any Companion Loan Securities to the extent applicable to the One & Two Prudential Plaza Whole Loan or the San Valiente Whole Loan) copies of inspection reports and other items delivxxxx xx each of the Master Servicers and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the each Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the such Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the each Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Ldp7)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 3 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of inspection reports and other items delivered to each of the Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 11.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Ps THR Certs Ser 2003-Ln1)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been cured; (iii) the resignation or termination of the Certificate AdministratorPaying Agent, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans by the related a Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts promptly to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), each Rating Agency with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate AdministratorTrustee; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and or (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [ReservedUpon written request, each of the Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency copies of inspection reports and other items delivered to each of the Master Servicer and Special Servicer pursuant to Sections 3.12(a) and 3.12(b).] (d) The Certificate Administrator Paying Agent shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (e) The Trustee, the Certificate AdministratorPaying Agent, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any the Rating Agency shall reasonably request and which the Trustee, the Certificate AdministratorPaying Agent, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.. [End of Article XII]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Cibc15)

Notices to the Rating Agencies. (a) The Certificate Administrator Trustee shall be obligated to use its best reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination any Event of Default that has not been curedcured or waived; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; andTrustee; (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant final payment to Section 6 Holders of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), with respect to each Certificates of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administratorany Class; (iiv) any change in the location of the Certificate any Account;; and (iiivi) if the Trustee is acting as a successor Master Servicer pursuant to Section 7.02 hereof, any event that would result in the voluntary or involuntary termination of any insurance inability of the accounts of the Trustee;Trustee to make Advances. (ivb) any change in the lien priority The Securities Administrator shall promptly furnish or make available to each Rating Agency copies of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance each Distribution Date Statement described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan; and (viii) any release or substitution of any Mortgaged Property5.04 hereof. (c) [ReservedThe Servicer shall promptly furnish to each Rating Agency copies of the following: (i) each annual statement as to compliance described in Section 3.16 hereof; (ii) each annual independent public accountants’ servicing report described in Section 3.17 hereof; and (iii) each notice delivered pursuant to Section 5.05 hereof which relates to the fact that the Servicer has not made an Advance.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter All notices to the Rating Agencies of (i) any change provided for in the location of the Distribution Accounts this Agreement shall be in writing and (ii) the final payment to any Class of Certificateholders. (e) The Trusteesent by first class mail, the Certificate Administrator, the Master Servicer and the Special Servicertelecopy or overnight courier, as applicablefollows: Standard & Poor’s Ratings Services, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c)a Division of The XxXxxx-Xxxx Companies, and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the TrusteeInc. 00 Xxxxx Xxxxxx Xxx Xxxx, the Certificate AdministratorXxx Xxxx 00000 Attention: Residential Mortgages Xxxxx’x Investors Service, the Master Servicer or Special ServicerInc. 00 Xxxxxx Xxxxxx Xxx Xxxx, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.Xxx Xxxx 00000 Attention: Residential Mortgages

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Notices to the Rating Agencies. (a) The Certificate Securities Administrator shall be obligated to use its best reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each of the following of which it a Responsible Officer of the Securities Administrator has actual knowledge: (i) any material change or amendment to this Agreement; (ii) the occurrence of a Servicer Termination any Event of Default that has not been curedcured or waived; (iii) the resignation or termination of the Certificate AdministratorMaster Servicer, the Master Servicer Securities Administrator or the Special Servicer; andTrustee; (iv) the repurchase or substitution of Mortgage Loans by the related Mortgage Loan Seller pursuant final payment to Section 6 Holders of the related Mortgage Loan Purchase Agreement.Certificates of any Class; and (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website pursuant to Section 3.15(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (iiv) any change in the location of the Certificate any Account;. (iiib) If the Trustee is acting as a successor Master Servicer pursuant to Section 7.02 hereof, the Trustee shall notify the Rating Agencies of any event that would result in the voluntary or involuntary termination of any insurance inability of the accounts Trustee to make Advances as successor Master Servicer. The Master Servicer shall promptly furnish to each Rating Agency copies of the Trusteefollowing, unless such documents were made available on the Securities Administrator’s website: (i) each annual statement as to compliance described in Section 3.17 hereof; (ivii) any change in the lien priority each annual assessment of any Mortgage Loan with respect to an assumption of the Mortgage Loan or additional encumbrance compliance and attestation report described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan3.16 hereof; and (viiiiii) any release or substitution of any Mortgaged Propertyeach Officer’s Certificate delivered pursuant to Section 5.05(b) hereof which relates to the fact that the Master Servicer has elected not to make an Advance. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter All notices to the Rating Agencies of (i) any change provided for in the location of the Distribution Accounts this Agreement shall be in writing and (ii) the final payment to any Class of Certificateholders. (e) The Trusteesent by first class mail, the Certificate Administrator, the Master Servicer and the Special Servicertelecopy or overnight courier, as applicablefollows: If to Fitch, shall furnish to: Fitch Ratings, Inc. Xxx Xxxxx Xxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Residential Mortgages If to the 17g-5 Information Provider for posting on the 17g-5 Information ProviderS&P, to: Standard & Poor’s Website pursuant Ratings Services, a division of The XxXxxx-Xxxx Companies, Inc. 00 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Residential Mortgages If to Section 3.15(c)Moody’s, and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trusteeto: Xxxxx’x Investors Service, the Certificate AdministratorInc. 00 Xxxxxx Xxxxxx Xxx Xxxx, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items.Xxx Xxxx 00000 Attention: Residential Mortgages

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Harborview 2006-6)

Notices to the Rating Agencies. (a) The Certificate Administrator shall use reasonable efforts promptly to provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency the related 17g-5 information provider for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) 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 a Servicer Termination Event that has not been cured; (iii) the resignation or termination of the Certificate Administrator, the Master Servicer or the Special Servicer; and (iv) the repurchase or substitution of Mortgage Loans or ESK Companion Loan by the related Mortgage Loan Seller pursuant to Section 6 of the related Mortgage Loan Purchase Agreement. (b) The Master Servicer shall use reasonable efforts to promptly provide notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s website Website pursuant to Section 3.15(c), with respect to each of the following of which it has actual knowledge: (i) the resignation or removal of the Trustee or the Certificate Administrator; (ii) any change in the location of the Certificate Account; (iii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Trustee; (iv) any change in the lien priority of any Mortgage Loan or ESK Companion Loan with respect to an assumption of the Mortgage Loan or ESK Companion Loan or additional encumbrance described in Section 3.08; (v) any additional lease to an anchor tenant or termination of any existing lease to an anchor tenant at retail properties for any Mortgage Loan or ESK Companion Loan with a Stated Principal Balance that is equal to or greater than the lesser of (1) an amount greater than 5% of the then aggregate outstanding principal balances of the Mortgage Loans and (2) $35,000,000; (vi) any material damage to any Mortgaged Property; (vii) any assumption with respect to a Mortgage Loan or ESK Companion Loan; and (viii) any release or substitution of any Mortgaged Property. (c) [Reserved.] (d) The Certificate Administrator shall promptly furnish notice to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to the Rating Agencies of (i) any change in the location of the Distribution Accounts and (ii) the final payment to any Class of Certificateholders. (ed) The Trustee, the Certificate Administrator, the Master Servicer and the Special Servicer, as applicable, shall furnish to the 17g-5 Information Provider for posting on the 17g-5 Information Provider’s Website pursuant to Section 3.15(c), and thereafter to each Rating Agency (and any rating agency for any class of Serviced Companion Loan Securities to the extent applicable to any Serviced Whole Loan) with respect to each Mortgage Loan and the ESK Companion Loan (other than any Non-Serviced Mortgage Loan) such information as any Rating Agency shall reasonably request and which the Trustee, the Certificate Administrator, the Master Servicer or Special Servicer, can reasonably provide in accordance with applicable law and without waiving any attorney-client privilege relating to such information or violating the terms of this Agreement or any Mortgage Loan or ESK Companion Loan documents. The Trustee, the Certificate Administrator, the Master Servicer and Special Servicer, as applicable, may include any reasonable disclaimer it deems appropriate with respect to such information. Notwithstanding anything to the contrary herein, nothing in this Section 12.10 shall require a party to provide duplicative notices or copies to the Rating Agencies with respect to any of the above listed items. In connection with the delivery by the Master Servicer or Special Servicer to the 17g-5 Information Provider of any information, report, notice or document for posting to the 17g-5 Information Provider Website, the 17g-5 Information Provider shall notify the Master Servicer or Special Servicer when such information, report, notice or document has been posted. The Master Servicer or Special Servicer, as applicable, may, but shall not be obligated to send such information, report, notice or document to the applicable Rating Agency following the earlier of (a) receipt of such notice from the 17g-5 Information Provider and (b) two Business Days following delivery to the 17g-5 Information Provider.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C24)

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