Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions under the Exchange Act), the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator shall file each Form 10-D with a copy of the related Distribution Date Statement attached thereto. Any disclosure in addition to the Distribution Date Statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported by the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by the Depositor pursuant to the following paragraph and the Securities Administrator will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraph. (ii) As set forth on Exhibit O hereto, within 5 calendar days after the related Distribution Date, (i) the parties set forth thereon shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible party thereof, in EXXXX-compatible form, or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable together with an additional disclosure notification in the form of Exhibit L hereto (an “Additional Disclosure Notification”) and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Additional Form 10-D Disclosure on Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt. (iii) After preparing the Form 10-D, the Securities Administrator shall forward electronically a copy of the Form 10-D to the Depositor for review. The Securities Administrator will provide a copy of the Form 10-D to the Depositor by the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 10-D is in final form and the Securities Administrator may proceed with the execution and filing of the Form 10-D. No later than the 13th calendar day after the related Distribution Date, a duly authorized representative of the Master Servicer in charge of the master servicing function shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 6.21. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. Each party to this Agreement acknowledges that the performance by the Securities Administrator of its duties under this Section 6.21(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a). The Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-D, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-2)
Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions under the Exchange Act), the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator shall file each Form 10-D with a copy of the related Distribution Date Statement attached thereto. Any disclosure in addition to the Distribution Date Statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported by the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed Depositor and directed and approved or disapproved by the Depositor pursuant to the following paragraph and the Securities Administrator will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraph.
(ii) As set forth on Exhibit O S hereto, within 5 calendar days after the related Distribution Date, (i) the parties set forth thereon to the MortgageIT Mortgage Loan Trust 2006-1 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible party officer thereof, in EXXXXXXXXX-compatible formform (which may be Word or Excel documents easily convertible to XXXXX format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable applicable, together with an additional disclosure notification Additional Disclosure Notification in the form of Exhibit L U hereto (an “Additional Disclosure Notification”) and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Additional Form 10-D Disclosure on in Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Administrator shall forward electronically a copy of the Form 10-D to the Depositor for review. The Securities Administrator will provide a copy of the (provided that such Form 10-D to includes any Additional Form 10-D Disclosure). Within two Business Days after receipt of such copy, but no later than the Depositor by the 11th 13th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to shall notify the Securities Administrator (which may be furnished electronically). in writing of any changes to or approval of such Form 10-D. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 10-D is in final form and the Securities Administrator may proceed with the execution and filing of the Form 10-D. No later than the 13th calendar day after the related Distribution Date, a A duly authorized representative officer of the Master Servicer in charge of the master servicing function shall sign the each Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. D. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 6.21. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. Each party to this Agreement acknowledges that the performance by the Securities Administrator of its duties under this Section 6.21(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a). The Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-D, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct3.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)
Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions under the Exchange Act), the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator shall file each Form 10-D with a copy of the related Distribution Date Statement distribution date statement attached thereto. Any disclosure in addition to the Distribution Date Statement distribution date statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported determined and prepared by and at the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraphtwo paragraphs.
(ii) As set forth on Exhibit O H hereto, within 5 calendar days after the related Distribution Date, (i) the parties set forth thereon to the HomeBanc Mortgage Trust 2007-1 Mortgage Pass-Through Certificates transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible party officer thereof, in EXXXXXXXXX-compatible formform (which may be Word or Excel documents easily convertible to XXXXX format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable applicable, together with an additional disclosure notification Additional Disclosure Notification in the form of Exhibit L K hereto (an “Additional Disclosure Notification”) and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Additional Form 10-D Disclosure on in Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Administrator shall forward electronically a draft copy of the Form 10-D to the Depositor for review. The Securities Administrator will provide a copy of the Form 10-D to the Depositor by the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume provided that such Form 10-D is includes Additional Form 10-D Disclosure) and the Master Servicer for review. No later than the Business Day prior to the date specified in final form the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator may proceed with the execution and filing of the any changes to or approval of such Form 10-D. No later than 2 Business Days prior to the 13th 15th calendar day after the related Distribution Date, a duly authorized representative officer of the Master Servicer in charge of the master servicing function shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 6.218.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. D. Each party to this Agreement acknowledges that the performance by the Master Servicer and the Securities Administrator of its their respective duties under this Section 6.21(a8.04(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a8.04(a). The Neither the Master Servicer nor the Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-D, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.
Appears in 1 contract
Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions under the Exchange Act), the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator shall file each Form 10-D with a copy of the related Distribution Date Statement attached thereto. Any disclosure in addition to the Distribution Date Statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported by the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by the Depositor pursuant to the following paragraph and the Securities Administrator will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraph.
(ii) As set forth on Exhibit O hereto, within 5 calendar days after the related Distribution Date, (i) the parties set forth thereon shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible party thereof, in EXXXX-compatible form, or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable together with an additional disclosure notification in the form of Exhibit L hereto (an “Additional Disclosure Notification”) and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Additional Form 10-D Disclosure on Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Administrator shall forward electronically a copy of the Form 10-D to the Depositor for review. The Securities Administrator will provide a copy of the Form 10-D to the Depositor by the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 10-D is in final form and the Securities Administrator may proceed with the execution and filing of the Form 10-D. No later than the 13th calendar day after the related Distribution Date, a duly authorized representative of the Master Servicer in charge of the master servicing function shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator will 213965 Sequoia 2007-1 Pooling and Servicing Agmt. follow the procedures set forth in subsection (d)(ii) of this Section 6.21. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. Each party to this Agreement acknowledges that the performance by the Securities Administrator of its duties under this Section 6.21(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a). The Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-D, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-1)
Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions under the Exchange Act), the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator shall file each Form 10-D with a copy of the related Distribution Date Statement attached thereto. Any disclosure in addition to the Distribution Date Statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported by the parties set forth on Exhibit O hereto R to the Depositor and the Securities Administrator and reviewed directed and approved or disapproved by the Depositor pursuant to the following paragraph and the Securities Administrator will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraphtwo paragraphs.
(ii) As set forth on Exhibit O R hereto, within 5 calendar days after the related Distribution Date, (i) the parties set forth thereon to the Xxxxxxxxx Mortgage Securities Trust 2007-5 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible party officer thereof, in EXXXXXXXXX-compatible formform (which may be Word or Excel documents easily convertible to XXXXX format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable applicable, together with an additional disclosure notification Additional Disclosure Notification in the form of Exhibit L U hereto (an “Additional Disclosure Notification”) ), and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Additional Form 10-D Disclosure on in Form 10-D pursuant to this paragraph. 221575 Sequoia 2007; provided that if the Additional Form 10-2 Pooling D Disclosure relates solely to the Depositor, such fees and Servicing Agmtexpenses shall be paid by the Depositor.
(iii) After preparing the Form 10-D, the Securities Administrator shall forward upon request electronically a copy of the Form 10-D to the Depositor for review. The Securities Administrator will provide a copy of the (provided that such Form 10-D to the Depositor by the 11th calendar day includes any Additional Form 10-D Disclosure). Within two Business Days after the related Distribution Date. On receipt of such copy, but no later than the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to shall notify the Securities Administrator in writing (which may be furnished electronically). ) of any changes to or approval of such Form 10-D. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 10-D, the Securities Administrator shall be entitled to assume that such Form 10-D is in final form and the Securities Administrator may proceed with the execution and filing of the Form 10-D. No later than the 13th calendar day after the related Distribution Date, a A duly authorized representative of the Master Servicer in charge of the master servicing function shall sign the each Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. D. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 6.21. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. Each party to this Agreement acknowledges that the performance by the Securities Administrator of its duties under this Section 6.21(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a). The Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-D, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct3.19.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-5)
Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (or, if applicable, within such shorter period of time as is required under the rules of the Commission as in effect from time to time (the “Rules”)) during each year in which the Trust Fund is subject to permitted extensions under the Exchange Act)Act reporting requirements, the Securities Administrator Trustee shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator Trustee shall file each Form 10-D with a copy of the related Distribution Date Statement attached thereto. Any disclosure in addition to the Distribution Date Statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported determined and prepared by and at the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator Trustee will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraph.
(ii) As set forth on Exhibit O Q-1 hereto, within 5 five calendar days after the related Distribution Date, (iA) certain parties to the parties set forth thereon GreenPoint Mortgage Funding Trust Mortgage Pass-Through Certificates, Series 2007-AR2 transaction, as identified in Exhibit Q-1, shall be required to provide to the Securities Administrator and the DepositorTrustee, to the extent known by a responsible party Responsible Officer thereof, in EXXXX-compatible formform (which may be Word or Excel documents easily convertible to EXXXX format), or in such other form as otherwise agreed upon by the Securities Administrator Trustee and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable together applicable, and included with such Additional Form 10-D Disclosure, an additional disclosure notification Additional Disclosure Notification in the form attached hereto as Exhibit Q-4, (B) the Trustee shall forward to the Depositor, the form and substance of Exhibit L hereto (an “the Additional Disclosure Notification”) Form 10-D Disclosure, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Additional Form 10-D Disclosure on Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Administrator Trustee shall forward electronically a draft copy of the Form 10-D to the Depositor Exchange Act Signing Party for reviewreview and approval. The Securities Administrator will provide a copy of If the Master Servicer is the Exchange Act Signing Party and the Form 10-D to the Depositor by the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such includes Additional Form 10-D is in final form and the Securities Administrator may proceed with the execution and filing of Disclosure, then the Form 10-D. D shall also be electronically distributed to the Depositor for review and approval. No later than two Business Days prior to the 13th 15th calendar day after the related Distribution Date, a duly authorized representative senior officer of the Master Servicer in charge of the master servicing function Exchange Act Signing Party shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (d)(iif)(ii) of this Section 6.216.20. Promptly (but no later than 1 one Business Day) after the deadline for filing such report with the Commission, the Securities Administrator Trustee will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. D. Each party to this Agreement acknowledges that the performance by the Securities Administrator Trustee of its duties under this Section 6.21(a6.20(c) related to the timely preparation, execution preparation and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a6.20(c). The Securities Administrator Trustee shall not have any no liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare, execute prepare and/or timely file such Form 10-D, where such failure results from the Securities AdministratorTrustee’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.
Appears in 1 contract
Samples: Trust Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2)
Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions under the Exchange Act), the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator shall file each Form 10-D with a copy of the related Distribution Date Statement distribution date statement attached thereto. Any disclosure in addition to the Distribution Date Statement distribution date statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported determined and prepared by and at the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraphtwo paragraphs.
(ii) As set forth on Exhibit O H hereto, within 5 calendar days after the related Distribution Date, (i) the parties set forth thereon to the HomeBanc Mortgage Trust 2006-1 Mortgage Pass-Through Certificates transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible party officer thereof, in EXXXXXXXXX-compatible formform (which may be Word or Excel documents easily convertible to XXXXX format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable applicable, together with an additional disclosure notification Additional Disclosure Notification in the form of Exhibit L K hereto (an “Additional Disclosure Notification”) and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Additional Form 10-D Disclosure on in Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Administrator shall forward electronically a draft copy of the Form 10-D to the Depositor for review. The Securities Administrator will provide a copy of the Form 10-D to the Depositor by the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume provided that such Form 10-D is includes Additional Form 10-D Disclosure) and the Master Servicer for review. No later than the Business Day prior to the date specified in final form the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator may proceed with the execution and filing of the any changes to or approval of such Form 10-D. No later than 2 Business Days prior to the 13th 15th calendar day after the related Distribution Date, a duly authorized representative officer of the Master Servicer in charge of the master servicing function shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 6.218.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. D. Each party to this Agreement acknowledges that the performance by the Master Servicer and the Securities Administrator of its their respective duties under this Section 6.21(a8.04(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a8.04(a). The Neither the Master Servicer nor the Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-D, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.
Appears in 1 contract
Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions or, if applicable, within such shorter period of time as is required under the Exchange Actrules of the Commission as in effect from time to time (the “Rules”)), the Securities Administrator Trustee shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator Trustee shall file each Form 10-D with a copy of the related Distribution Date Statement attached thereto. Any disclosure in addition to the Distribution Date Statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported determined and prepared by and at the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator Trustee will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraph.
(ii) As set forth on Exhibit O Q-1 hereto, within 5 five calendar days after the related Distribution Date, (iA) certain parties to the parties set forth thereon Lxxxxx XS Trust Mortgage Pass-Through Certificates, Series 2006-12N transaction shall be required to provide to the Securities Administrator and the DepositorTrustee, to the extent known by a responsible party officer thereof, in EXXXX-compatible formform (which may be Word or Excel documents easily convertible to EXXXX format), or in such other form as otherwise agreed upon by the Securities Administrator Trustee and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable together applicable, and included with such Additional Form 10-D Disclosure, an additional disclosure notification Additional Disclosure Notification in the form attached hereto as Exhibit Q-4, (B) the Trustee shall forward to the Depositor, the form and substance of Exhibit L hereto (an “the Additional Disclosure Notification”) Form 10-D Disclosure, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Additional Form 10-D Disclosure on Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Administrator Trustee shall forward electronically a draft copy of the Form 10-D to the Depositor Exchange Act Signing Party for reviewreview and approval. The Securities Administrator will provide a copy of If the Master Servicer is the Exchange Act Signing Party and the Form 10-D to the Depositor by the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such includes Additional Form 10-D is in final form and the Securities Administrator may proceed with the execution and filing of Disclosure, then the Form 10-D. D shall also be electronically distributed to the Depositor for review and approval. No later than two Business Days prior to the 13th 15th calendar day after the related Distribution Date, a duly authorized representative senior officer of the Master Servicer in charge of the master servicing function Exchange Act Signing Party shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (d)(iif)(ii) of this Section 6.216.20. Promptly (but no later than 1 one Business Day) after filing with the Commission, the Securities Administrator Trustee will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. D. Each party to this Agreement acknowledges that the performance by the Securities Administrator Trustee of its duties under this Section 6.21(a6.20(c) related to the timely preparation, execution preparation and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a6.20(c). The Securities Administrator Trustee shall not have any no liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare, execute prepare and/or timely file such Form 10-D, where such failure results from the Securities AdministratorTrustee’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.
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Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions or, if applicable, within such shorter period of time as is required under the Exchange Actrules of the Commission as in effect from time to time (the “Rules”)), the Securities Administrator Trustee shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator Trustee shall file each Form 10-D with a copy of the related Distribution Date Statement attached thereto. Any disclosure in addition to the Distribution Date Statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported determined and prepared by and at the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator Trustee will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraph.
(ii) As set forth on Exhibit O Q-1 hereto, within 5 five calendar days after the related Distribution Date, (iA) certain parties to the parties set forth thereon Xxxxxx XS Trust Mortgage Pass-Through Certificates, Series 2006-14N transaction shall be required to provide to the Securities Administrator and the DepositorTrustee, to the extent known by a responsible party officer thereof, in EXXXXXXXXX-compatible formform (which may be Word or Excel documents easily convertible to XXXXX format), or in such other form as otherwise agreed upon by the Securities Administrator Trustee and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable together applicable, and included with such Additional Form 10-D Disclosure, an additional disclosure notification Additional Disclosure Notification in the form attached hereto as Exhibit Q-4, (B) the Trustee shall forward to the Depositor, the form and substance of Exhibit L hereto (an “the Additional Disclosure Notification”) Form 10-D Disclosure, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Additional Form 10-D Disclosure on Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Administrator Trustee shall forward electronically a draft copy of the Form 10-D to the Depositor Exchange Act Signing Party for reviewreview and approval. The Securities Administrator will provide a copy of If the Master Servicer is the Exchange Act Signing Party and the Form 10-D to the Depositor by the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such includes Additional Form 10-D is in final form and the Securities Administrator may proceed with the execution and filing of Disclosure, then the Form 10-D. D shall also be electronically distributed to the Depositor for review and approval. No later than two Business Days prior to the 13th 15th calendar day after the related Distribution Date, a duly authorized representative senior officer of the Master Servicer in charge of the master servicing function Exchange Act Signing Party shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (d)(iif)(ii) of this Section 6.216.20. Promptly (but no later than 1 one Business Day) after filing with the Commission, the Securities Administrator Trustee will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. D. Each party to this Agreement acknowledges that the performance by the Securities Administrator Trustee of its duties under this Section 6.21(a6.20(c) related to the timely preparation, execution preparation and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a6.20(c). The Securities Administrator Trustee shall not have any no liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare, execute prepare and/or timely file such Form 10-D, where such failure results from the Securities AdministratorTrustee’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.
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Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions under the Exchange Act), the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator shall file each Form 10-D with a copy of the related Distribution Date Statement distribution date statement attached thereto. Any disclosure in addition to the Distribution Date Statement distribution date statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported determined and prepared by and at the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraph.two paragraphs. 217412 HomeBanc 2007-1 Pooling and Servicing Agreement
(ii) As set forth on Exhibit O H hereto, within 5 calendar days after the related Distribution Date, (i) the parties set forth thereon to the HomeBanc Mortgage Trust 2007-1 Mortgage Pass-Through Certificates transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible party officer thereof, in EXXXXXXXXX-compatible formform (which may be Word or Excel documents easily convertible to XXXXX format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable applicable, together with an additional disclosure notification Additional Disclosure Notification in the form of Exhibit L K hereto (an “Additional Disclosure Notification”) and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Additional Form 10-D Disclosure on in Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Administrator shall forward electronically a draft copy of the Form 10-D to the Depositor for review. The Securities Administrator will provide a copy of the Form 10-D to the Depositor by the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume provided that such Form 10-D is includes Additional Form 10-D Disclosure) and the Master Servicer for review. No later than the Business Day prior to the date specified in final form the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator may proceed with the execution and filing of the any changes to or approval of such Form 10-D. No later than 2 Business Days prior to the 13th 15th calendar day after the related Distribution Date, a duly authorized representative officer of the Master Servicer in charge of the master servicing function shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 6.218.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. D. Each party to this Agreement acknowledges that the performance by the Master Servicer and the Securities Administrator of its their respective duties under this Section 6.21(a8.04(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a8.04(a). The Neither the Master Servicer nor the Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-D, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.. 217412 HomeBanc 2007-1 Pooling and Servicing Agreement
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Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Date (subject to permitted extensions under the Exchange Act), the Securities Trust Administrator shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Trust Administrator shall file each Form 10-D with a copy of the related Distribution Date Statement attached thereto. Any disclosure in addition to the Distribution Date Statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported determined and prepared by and at the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph and the Securities Trust Administrator will have no duty or liability for any failure hereunder to determine or prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraph.
(ii) As set forth on Exhibit O hereto, within 5 calendar days after the related Distribution Date, (i) the parties set forth thereon to the Sequoia Alternative Loan Trust 2006-1 transaction shall be required to provide to the Securities Administrator and the DepositorTrust Administrator, to the extent known by a responsible party officer thereof, in EXXXX-compatible form, or in such other form as otherwise agreed upon by the Securities Trust Administrator and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable applicable, together with an additional disclosure notification in the form of Exhibit L hereto any Additional Disclosure Notification (an “Additional Disclosure Notification”), (ii) the Trust Administrator shall forward to the Depositor, the form and substance of the Additional Form 10-D Disclosure, and (iiiii) the Depositor will approve, as to form and substance, or 174197 Sequoia Alternative Loan Trust 2006-1 Pooling and Servicing Agmt. disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Trust Administrator in connection with including any Additional Form 10-D Disclosure on in Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Trust Administrator shall forward electronically a draft copy of the Form 10-D to the Depositor and the Master Servicer for review. The Securities Administrator will provide a copy of No later than the Form 10-D Business Day prior to the Depositor by date specified in the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Datenext sentence, the Depositor will provide and the Master Servicer shall notify the Trust Administrator of any changes to or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 10-D is in final form and the Securities Administrator may proceed with the execution and filing of the Form 10-D. No later than 2 Business Days prior to the 13th 15th calendar day after the related Distribution Date, a duly authorized representative senior officer of the Master Servicer in charge of the master servicing function shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities Trust Administrator. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Trust Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 6.21. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Trust Administrator will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. D. Each party to this Agreement acknowledges that the performance by the Securities Master Servicer and the Trust Administrator of its duties under this Section 6.21(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a). The Securities Neither the Master Servicer nor the Trust Administrator shall not have any liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-D, where such failure results from the Securities Trust Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.
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Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc)
Reports Filed on Form 10-D. (i) Within 15 days after each Distribution Payment Date (subject to permitted extensions under the Exchange Act), the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 10-D required by the Exchange Act, in form and substance as required by the Exchange Act. The Securities Administrator shall file each Form 10-D with a copy of the related Distribution Date Statement distribution date statement attached thereto. Any disclosure in addition to the Distribution Date Statement distribution date statement that is required to be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be reported determined and prepared by and at the parties set forth on Exhibit O hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will have no duty or liability for any failure hereunder to determine or 201359 HomeBanc 2006-2 Transfer and Servicing Agreement prepare any Additional Form 10-D Disclosure, except as set forth in the next paragraphtwo paragraphs.
(ii) As set forth on Exhibit O M hereto, within 5 calendar days after the related Distribution Payment Date, (i) the parties set forth thereon to the HomeBanc Mortgage Trust 2006-2 Mortgage Backed Notes transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible party officer thereof, in EXXXXXXXXX-compatible formform (which may be Word or Excel documents easily convertible to XXXXX format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Additional Form 10-D Disclosure, if applicable applicable, together with an additional disclosure notification Additional Disclosure Notification in the form of Exhibit L P hereto (an “Additional Disclosure Notification”) and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Additional Form 10-D Disclosure on Form 10-D. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Additional Form 10-D Disclosure on in Form 10-D pursuant to this paragraph. 221575 Sequoia 2007-2 Pooling and Servicing Agmt.
(iii) After preparing the Form 10-D, the Securities Administrator shall forward electronically a draft copy of the Form 10-D to the Depositor for review. The Securities Administrator will provide a copy of the Form 10-D to the Depositor by the 11th calendar day after the related Distribution Date. On the 12th calendar day after the related Distribution Date, the Depositor will provide any changes or approval to the Securities Administrator (which may be furnished electronically). In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume provided that such Form 10-D is includes Additional Form 10-D Disclosure) and the Master Servicer for review. No later than the Business Day prior to the date specified in final form the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator may proceed with the execution and filing of the any changes to or approval of such Form 10-D. No later than 2 Business Days prior to the 13th 15th calendar day after the related Distribution Payment Date, a duly authorized representative officer of the Master Servicer in charge of the master servicing function shall sign the Form 10-D and return an electronic or fax copy of such signed Form 10-D (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 10-D cannot be filed on time or if a previously filed Form 10-D needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 6.218.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 10-D prepared and filed by the Securities Administrator. D. Each party to this Agreement acknowledges that the performance by the Master Servicer and the Securities Administrator of its their respective duties under this Section 6.21(a8.04(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(a8.04(a). The Neither the Master Servicer nor the Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-D, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-D, not resulting from its own negligence, bad faith or willful misconduct.
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